81 results for 'court:"Tennessee Court of Appeals"'.
J. Stafford finds that the trial court properly terminated a father’s parental rights on the grounds of abandonment by an incarcerated parent through wanton disregard, and failure to manifest an ability or willingness to parent. He alleges his due process rights were violated, but fails to show a deprivation in the termination proceedings. Therefore, there was a clear and convincing evidence that termination was in the child’s best interest. Affirmed.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: May 16, 2024, Case #: M2022-01252-COA-R3-PT, Categories: Family Law, Due Process
J. Stafford dismisses a homeowner’s appeal stemming intentional misrepresentation, negligent misrepresentation, fraud and Truth in Lending Act claims brought against the mortgage service that refinanced her mortgage. She fails to comply with requirements of the appellate procedure rules. Therefore, this case is remanded to the trial court for further proceedings. Reversed.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: May 16, 2024, Case #: M2023-00696-COA-R3-CV, Categories: Civil Procedure, Fraud, Banking / Lending
J. Clement upholds the trial court’s decision granting summary judgment in favor of the city in this personal injury case brought by a resident alleging he was injured after slipping and falling off the city-owned pool’s diving board. The city claimed immunity from liability under the Tennessee Recreational Use Statute as an affirmative defense. The resident and his wife did not imply any exceptions or limitations for their negligence claims under the statute. Swimming and diving are a recreational activity, and the city pool is considered “land” or “premises” under the statute. Therefore, the city is entitled to immunity as a matter of law. Affirmed.
Court: Tennessee Court of Appeals, Judge: Clement, Filed On: May 14, 2024, Case #: M2023-00654-COA-R3-CV, Categories: Evidence, Immunity, Premises Liability
J. McClarty finds that the trial court improperly terminated a mother’s parental rights on the grounds of abandonment by failure to visit, abandonment by failure to support, abandonment by failure to provide a suitable home, and substantial noncompliance with the permanency plans. The trial court properly terminated the parental rights for the persistence of conditions which led to removal, severe child abuse and failure to manifest an ability and willingness to assume custody of the child. Therefore, there was a clear and convincing evidence that termination was in the child’s best interest. Affirmed in part. Reversed in part.
Court: Tennessee Court of Appeals, Judge: McClarty, Filed On: May 14, 2024, Case #: W2022-01312-COA-R3-PT, Categories: Evidence, Family Law
J. Davis finds that the trial court properly ruled in fraudulent inducement claims the decedent's estate brought against his stepson because evidence indicates the stepson employed undue influence to access funds from a checking account. Affirmed.
Court: Tennessee Court of Appeals, Judge: Davis, Filed On: May 10, 2024, Case #: E2023-00722-COA-R3-CV, Categories: Fraud
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. McBrayer finds that the trial court properly determined a minor child should be adopted by his maternal grandfather since the comparative fitness test indicated this arrangement would serve the best interests of the child following the death of his mother. Affirmed.
Court: Tennessee Court of Appeals, Judge: McBrayer, Filed On: May 9, 2024, Case #: W2022-01617-COA-R3-PT, Categories: Family Law
J. Bennett finds that the trial court properly found for the city in claims contending plaintiff tripped and fell over uneven sidewalk because neither evidence nor expert testimony indicated the city had constructive notice of the dangerous condition. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: May 2, 2024, Case #: M2023-00736-COA-R3-CV, Categories: Negligence
J. Goldin finds that the trial court improperly ruled in tort liability claims brought after plaintiff was struck by a city vehicle when he stepped off a curb in the middle of a block to cross between two stopped vehicles, at which point the light changed, because the record does not indicate the accident had been caused by negligent hiring and retention of a city employee. Meanwhile, the record indicates plaintiff was at least 50% at fault.
Court: Tennessee Court of Appeals, Judge: Goldin, Filed On: May 1, 2024, Case #: W2023-00437-COA-R3-CV, Categories: Vehicle, Negligence
J. Bennett finds the lower court properly found in favor of a store in this matter of alleged premises liability, tort and workers' compensation. A sales representative was injured when a barn door track fell out of a display and struck him on the head. He filed for and received workers’ compensation from his employer, but seeks relief from the store on grounds that it was negligent in maintaining the display and created the hazardous condition that caused his injury. The lower court found the store to be a principal contractor and immune from tort liability, it also found it to be a statutory employer. As a statutory employer, it is responsible for workers’ compensation only if the primary employer cannot. Because the primary employer provided workers’ compensation to the sales representative, the store is not responsible. The lower court also found and the sales representative’s negligence claim lacked merit. The instant court finds no issue with the lower court’s findings. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: April 26, 2024, Case #: M2023-00249-COA-R3-CV, Categories: Tort, Premises Liability, Workers' Compensation
J. Swiney finds the lower court properly dismissed defendant’s petition for writ of mandamus on grounds that it lacked subject matter jurisdiction. Defendant was convicted of first degree murder and attempted first degree murder, and sentenced to life imprisonment. He filed his petition with a chancery court, asking for the judgment to be expunged, as it was not properly endorsed with the date received. Though defendant argues he filed the petition for the court to compel the clerk of the criminal court to expunge what he claims is an illegal sentence, the lower court found that he was effectively challenging the legality of his sentence, which is outside the authority of the trial court; the instant court agrees. Affirmed.
Court: Tennessee Court of Appeals, Judge: Swiney, Filed On: April 26, 2024, Case #: M2023-01016-COA-R3-CV, Categories: Murder, Sentencing, Jurisdiction
J. Clement finds the lower court properly confirmed a report by commissoners who were appointed to divide a decedent’s property into three separate parcels for her family. They assigned 32.4 acres to decedent’s son, 17.8 acres to her husband and 18.1 acres to her daughter. Her husband and daughter filed exceptions to the decision, but all parties agreed to have one of the commissioners testify as to the division of the property. The commissioner explained that the son was allotted more land because portions of the acreage were not usable due to terrain and easements but that the parcels were equal in fair market value. The husband and daughter argue there is insufficient evidence of the value of the properties, so the lower court should not have confirmed the commissioners’ report. No error was found in the lower court’s decision. Affirmed.
Court: Tennessee Court of Appeals, Judge: Clement, Filed On: April 26, 2024, Case #: E2022-01447-COA-R3-CV, Categories: Real Estate, Wills / Probate
J. Armstrong finds the lower court properly granted a judge’s motion to dismiss. Defendant was convicted of aggravated kidnapping, especially aggravated kidnapping, and two counts of aggravated assault and was sentenced to 17 years incarceration. Defendant failed to timely file his second amended petition for post-conviction relief and dismissed the action. Defendant filed a complaint alleging the trial judge exceeded his authority in dismissing the matter. The judge filed a motion to dismiss arguing that he acted within his jurisdiction, which the lower court granted, and the instant court agrees. The lower court dismissed the matter finding it was barred by the doctrine of judicial immunity. Affirmed.
Court: Tennessee Court of Appeals, Judge: Armstrong, Filed On: April 26, 2024, Case #: E2023-00557-COA-R3-CV, Categories: Civil Procedure, Judiciary
J. Goldin finds the lower court properly determined it had jurisdiction over this child custody matter. A mother attempted to register and enforce a foreign decree to modify the terms of a divorce decree. The mother and father had been divorced in Utah, but they established that they and the minor child had lived in Williamson County, Tennessee for more than six months, therefore the Utah court lacked subject matter jurisdiction when it entered a Relocation Order in 2022. The lower court properly refused to register and enforce the order, and the mother is not entitled to relief. Affirmed.
Court: Tennessee Court of Appeals, Judge: Goldin, Filed On: April 22, 2024, Case #: M2023-00813-COA-R3-CV, Categories: Family Law, Jurisdiction
J. Swiney finds the lower court improperly dismissed this matter concerning damages on grounds that it lacked subject matter jurisdiction. Shareholders of a boating company sued a dealership for intentional misrepresentation, fraudulent concealment and promissory fraud, and a jury awarded them $900,000 in damages. The dealership argues the shareholders lack standing as they are not the owners of the real property, rather the boating company is. The instant court finds that the issues of subject matter jurisdiction and standing were not raised by the dealership until a hearing for post-trial motions, therefore they are waived. Reversed.
Court: Tennessee Court of Appeals, Judge: Swiney, Filed On: April 12, 2024, Case #: E2023-00324-COA-R3-CV, Categories: Fraud, Damages, Jurisdiction
J. Clement finds the lower court improperly vacated a decision by the Board of Fire and Building Code Appeals of the Metropolitan Government of Nashville and Davidson County (the Board), regarding a landowner’s proposal to build an auto repair shop on undeveloped land. The land did not have a water source that would satisfy fire code requirements, so the landowner sought a variance and submitted a proposal to construct a 20,000 gallon tank on the property along with a dry fire suppression system inside the building, but the Board rejected it over concerns for the safety of people and firefighters. The lower court found the Board failed to distinguish the request for a variance from an appeal, vacated the Board’s finding and remanded the matter for further consideration. The instant court disagrees with the lower court’s findings and remands the matter to have the Board’s ruling reinstated. Reversed.
Court: Tennessee Court of Appeals, Judge: Clement, Filed On: April 11, 2024, Case #: M2023-00113-COA-R3-CV, Categories: Construction, Municipal Law, Zoning
J. McClarty finds the lower court properly dismissed a client’s legal malpractice action against her former attorney. The client retained the attorney to represent her in a matter concerning a vehicle accident and subsequent unsatisfactory repairs to her motorhome. The attorney took the clients retainer, but avoided communicating with her and never filed any action on behalf of the client. After the client complained, the Tennessee Board of Professional Responsibility placed the attorney on diversion pending the completion of a practice and professional enhancement program, and he returned the retainer. The client then filed the instant action arguing legal malpractice, but at hearing she did not present any evidence supporting her claim of negligence against him or deficient performance. Affirmed.
Court: Tennessee Court of Appeals, Judge: McClarty, Filed On: April 10, 2024, Case #: E2023-00930-COA-R3-CV, Categories: Damages, Negligence, Legal Malpractice
J. Clement finds the lower court properly dismissed this matter concerning the transfer of business ownership. The parties are two of four members of a LLC. Two of the members sold their membership interest to a third member, giving him three-fourths ownership. The fourth member argues that the three-fourths owner was to transfer an interest portion of the sale to him, but instead transferred it to the three-fourths owner's his wife. The lower court finds that pursuant to the LLC Agreement, any claims concerning the LLC must be heard in Oconee County, Georgia, where the company is registered. Affirmed.
Court: Tennessee Court of Appeals, Judge: Clement, Filed On: April 5, 2024, Case #: M2022-01640-COA-R3-CV, Categories: Venue, Business Practices
J. Armstrong finds the lower court properly granted summary judgment to an automobile insurer in this breach of contract matter. An insured person was involved in a vehicle accident, filed a claim, and a settlement was reached. Seeking additional payout, the insured requested his case be reopened. Because the insured refused to sign a HIPPA release to allow review of his medical records, the insurance company explained he would need to be examined under oath to obtain the information needed to move forward with his claim. The insurer refused and demanded payment from the original settlement agreement, but was told there was no longer an active agreement. The insured did not show for the examinations under oath, and the insurer denied his claim for failure to cooperate and breach of the insurance policy. The lower court agreed and found in favor of the insurance company. Affirmed.
Court: Tennessee Court of Appeals, Judge: Armstrong, Filed On: April 5, 2024, Case #: W2023-00703-COA-R3-CV, Categories: Insurance, Contract