78 results for 'court:"Tennessee Court of Appeals"'.
J. Davis finds that the trial court ruled properly in this civil dispute between the Estate of a decedent and his former stepson alleging fraud in the inducement. There was sufficient evidence the stepson unduly influenced his stepfather to access the funds from the checking account. Affirmed.
Court: Tennessee Court of Appeals, Judge: Davis, Filed On: May 10, 2024, Case #: E2023-00722-COA-R3-CV, Categories: Fraud
J. Usman finds that the trial court ruled improperly in part in this constitutional challenge to the agency's authorization to enter private property without a warrant or consent. While the statute is constitutional, the property in dispute is not included in the statute that allows the agency to enter without authorization. Reversed in part.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: May 9, 2024, Case #: W2022-00514-COA-R3-CV, Categories: Constitution, Environment, Property
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. 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