10 results for 'judge:"Armstrong"'.
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. 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. Armstrong finds the lower court properly awarded a homeowner damages in this case concerning defective flooring. Though both parties agree repairs are in order, the builder disagrees with the estimated costs and associated award. The instant court finds that the lower court properly weighed expert testimony from both sides and determined the awarded amount. Affirmed.
Court: Tennessee Court of Appeals, Judge: Armstrong, Filed On: October 16, 2023, Case #: M2022-01531-COA-R3-CV, Categories: Construction, Damages, Negligence
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J. Armstrong denies the software client's motion to compel production of unredacted documents, ruling that IBM's work with other companies is irrelevant to the issues present in this case, while the client's request also lacks the specificity required to force IBM to conduct this type of burdensome discovery.
Court: USDC Connecticut, Judge: Armstrong, Filed On: August 9, 2023, Case #: 1:21cv870, NOS: Other Contract - Contract, Categories: Discovery, Contract
J. Armstrong finds the lower court properly vacated a decision by the Metropolitan Nashville Board of Education (Board) terminating a tenured teacher’s employment. The lower court reversed the decision of the Board on grounds that it had violated the Open Meetings Act by failing to provide adequate public notice of the special meeting it held where the motion to dismiss and terminate the teacher’s employment passed, but the instant court finds the Board committed clear error when it conducted a third hearing on the termination, violating the Tenure Act. The teacher’s termination is vacated, and he is reinstated to his previous position with back pay. Affirmed in part.
Court: Tennessee Court of Appeals, Judge: Armstrong, Filed On: June 22, 2023, Case #: M2022-01079-COA-R3-CV, Categories: Employment, Due Process
J. Armstrong finds the lower court properly dismissed a petition for adoption. A woman adopted her grandson. The woman split with her live-in boyfriend, and a year-and-a-half later he filed to adopt the grandson. The boyfriend never had legal or physical custody of the child, and did not have the right to receive custody of the child. The instant court grants the woman’s motion to declare this appeal frivolous. Affirmed.
Court: Tennessee Court of Appeals, Judge: Armstrong, Filed On: June 12, 2023, Case #: W2021-00907-COA-R3-CV, Categories: Family Law
J. Armstrong finds the lower court properly ordered the distribution of funds from an estate. Prior to his death, the decedent married a man in Canada, but the marriage was not disclosed to the decedent’s children, who were his sole beneficiaries. After much litigation, a settlement agreement was reached, with the husband receiving a $1.8 million check drawn from a joint brokerage account and $300,000 from a Roth IRA account that would roll into the an individual IRA account. The husband was not satisfied with the proposed manner of distribution, as he would be held liable for capital gains taxes associated with liquidating the investment account from which the $1.8 million check originated. The probate ordered the brokerage firm to distribute the funds to the husband, and ordered the husband to pay the applicable taxes; the order was amended so the $300,000 distribution would roll into an IRA. Affirmed.
Court: Tennessee Court of Appeals, Judge: Armstrong, Filed On: June 12, 2023, Case #: E2022-00649-COA-R3-CV, Categories: Tax, Wills / Probate