71 results for 'court:"Tennessee Court of Appeals"'.
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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
J. McBray finds the lower court improperly terminated a mother’s parental rights to one of her children on grounds of severe child abuse, abandonment by failure to visit, abandonment by failure to provide a suitable home, persistence of conditions, substantial noncompliance with the permanency plan, and failure to manifest an ability and willingness to assume custody. On the day of trial, the mother was late to court due to a job interview, of which counsel had been notified, but mother’s counsel moved to withdraw, and the lower court erroneously granted it, informing the mother when she arrived that she would have to represent herself. The instant court finds the record does not support the lower court’s argument that the mother waived her right to counsel. The matter is remanded for further proceedings. Vacated.
Court: Tennessee Court of Appeals, Judge: McBrayer, Filed On: April 5, 2024, Case #: E2023-01112-COA-R3-PT, Categories: Family Law, Due Process
J. McBrayer finds the lower court properly determined a broker was due unpaid commissions from a client, but improperly calculated the number of commissions he was owed. The broker entered into an agreement with a dialysis company to locate sites for new clinics. He was to receive a commission when leases were renewed or extended. The lower court determined there were eight instances of either renewals or extensions for which he was not paid, but the instant court finds there were only six and modifies the award accordingly. Affirmed.
Court: Tennessee Court of Appeals, Judge: McBrayer, Filed On: March 27, 2024, Case #: M2022-00937-COA-R3-CV, Categories: Real Estate, Contract
J. Davis finds the lower court properly terminated the parental rights of a father to his two minor children on grounds of abandonment by failure to establish a suitable home, persistence of conditions, failure to establish parentage to one of the children, substantial noncompliance with the permanency plan, failure to manifest an ability and willingness to assume custody, and that it is in the children’s best interests. The children were removed from their parents’ custody after the Department of Childrens’ Services found the children were exposed to violence and drugs in the home. The father did not have contact with the children for an extended period of time, failed to contact the children's case worker when he was released from jail, and did not complete any of the requirements in the established permanency plan.
Court: Tennessee Court of Appeals, Judge: Davis, Filed On: March 27, 2024, Case #: M2023-00354-COA-R3-PT, Categories: Family Law
J. Bennett finds the lower court properly dismissed a husband’s petition to modify a division of assets in this matter of divorce. The lower court ordered the wife to receive $1646 per month from the husband’s military retirement. Four years after the final order was entered, which stipulated there would be no modification, the husband petitioned to have the amount modified. The husband argues that according to the Defense Finance Accounting Service, the wife is entitled to 27 percent of his monthly military retirement, which would be $507, and the remainder of the ordered amount should be considered alimony and subject to modification. But the lower court did not order the payment as alimony, rather, the funds were a division of assets and therefore not subject to modification. The instant court finds no error in the lower court’s dismissal. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: March 27, 2024, Case #: M2023-00589-COA-R3-CV, Categories: Family Law
J. McGee finds the lower court properly denied a petition for judicial review. A journalist requested to view surveillance video of an incident that allegedly occurred inside a jail, which was denied by the sheriff’s office as well as the District Attorney General’s Office. The lower court found that the requested surveillance video involved the security of a government building and was not subject to disclosure to the public pursuant to a statutory exemption specifically pertaining to surveillance video. The instant court finds no error in the lower court findings. Affirmed.
Court: Tennessee Court of Appeals, Judge: McGee, Filed On: March 11, 2024, Case #: W2023-00293-COA-R3-CV, Categories: Government, Public Record
J. Stafford finds the lower court properly found in favor of a store in a premises liability matter. A customer fell as she entered the store, breaking her hip. It was raining and store personnel placed a mat and wet floor sign at the store entrance. Video surveillance footage showed the customer shuffle across the mat and fall. The customer's original complaint alleged she slipped on the wet floor, but the store argued that she tripped over her own feet as she shuffled across the mat; the customer amended her complaint to claim the wet mat caused the fall. The lower court found the customer presented no evidence that the mat caused the fall and that her original claim was unsupported as video evidence showed she fell while on the mat, never having an opportunity to slip on the floor. On appeal, the customer argues the lower court erred in its decision because it did not view the full video surveillance video, but the lower court informed the parties it was unable to due to technical difficulty, and the customer failed to object, thereby waiving her argument. Affirmed.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: March 6, 2024, Case #: E2023-00702-COA-R3-CV, Categories: Evidence, Negligence, Premises Liability
J. Bennett finds the lower court properly granted summary judgment to a company that operated a prison and denied a request for sanctions in this premises liability matter. A woman sued the prison operator after she was allegedly injured after a chair in which she was sitting while visiting her son collapsed beneath her. The lower court found the visitor failed to present evidence to show that the chair was defective, that there was a dangerous condition, or that the prison operator had knowledge or notice of the alleged dangerous condition. While the visitor requested sanctions against the prison operator for failing to preserve evidence, the lower court declined the request finding there was no indication after the incident that evidence would need to be preserved as the visitor indicated she was fine and declined all offers of assistance by prison personnel. The instant court finds no error in the lower court’s findings. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: March 6, 2024, Case #: M2023-00424-COA-R3-CV, Categories: Sanctions, Negligence, Premises Liability
J. Usman finds the lower court properly terminated the parental rights of a mother to her two children on grounds of abandonment by failure to visit, abandonment by failure to support, failure to manifest an ability and willingness to assume custody, and that it is in the children’s best interest. The mother and father have been divorced for over a decade, and the children have lived exclusively with their father and stepmother since 2009. The lower court found the mother’s employment history to be spotty, she lacked stable housing, and has been in a violent relationship with a boyfriend for approximately nine years. The lower court did not err in its decision to terminate the parental rights of the mother and grant stepparent adoption to the stepmother. Affirmed.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: February 26, 2024, Case #: M2023-00279-COA-R3-PT, Categories: Family Law
J. Stafford finds the lower court properly denied a petition to terminate a mother’s parental rights to her minor child. Despite finding that grounds for termination for failure to support and failure to visit were supported, it determined that termination of the mother’s parental rights is not in the child’s best interest. Because the instant court finds that the standard of clear and convincing evidence for termination of parental rights was not met, it affirms the lower court’s decision to dismiss the petition. The instant court finds there is insufficient evidence to support the lower court’s finding of persistence of conditions and reverses that finding. Affirmed in part.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: February 16, 2024, Case #: E2023-00042-COA-R3-PT, Categories: Family Law
J. Frierson finds the lower court properly terminated a mother and father's parental rights to their two minor children on grounds of severe child abuse, substantial noncompliance with permanency plans, failure to manifest an ability and willingness to assume custody of or financial responsibility for the children, and that it was in the best interest of the children. The twin children were born premature and tested positive for opiates and methadone following their birth. In a Department of Children’s Services interview, the mother admitted to using pills and methadone during the pregnancy and having used heroin three weeks prior to delivery. The father said he knew that the mother was using drugs while pregnant and he also has a history of drug use. The paternal grandparents were given temporary custody, but it was revoked after they left the children with the parents and the parents were arrested by the U.S. Marshals Service. At the arrest, drugs, burnt spoons, and syringes were in the home and in reach of the children. The children were placed in foster care and a permanency plan was established for the parents, but DCS eventually petitioned to terminate parental rights after the mother and father were both incarcerated for significant drug-related and other offenses.
Court: Tennessee Court of Appeals, Judge: Frierson, Filed On: February 16, 2024, Case #: M2023-00656-COA-R3-PT, Categories: Family Law
J. Usman finds the lower court properly found in favor of an employee in this contract and employment matter. A timeshare cancellation negotiating company terminated an employee for attendance issues, but the employee argued her termination was retaliatory because she invoiced the company for unpaid commissions per her employment contract. A jury agreed with the employee and awarded her damages for breach of contract, unjust enrichment, retaliatory discharge and punitive damages. The employer argued the awards were erroneous and excessive, but the instant court finds no error in the trial court’s determination. Affirmed.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: February 6, 2024, Case #: M2022-00630-COA-R3-CV, Categories: Damages, Contract, Employment Retaliation
J. McGee finds the lower court improperly granted a construction company’s motion for summary judgment in this negligence matter. A passenger in a vehicle that was involved in a one-vehicle collision filed suit against a construction company operating a worksite on the road in which the passenger was allegedly injured. The passenger signed a release, which the construction company claims prevents the passenger from filing suit against them, but the instant court finds that even though the release stated that it discharged all other persons and firms from all claims, the lower court should have considered the passenger’s intent at the time she entered into the release, which it did not. The instant court finds a genuine issue of material fact exists and the matter is remanded to the lower court for further consideration. Reversed.
Court: Tennessee Court of Appeals, Judge: McGee, Filed On: January 18, 2024, Case #: W2022-01144-COA-R3-CV, Categories: Negligence