Court of Appeals Opinions

Format: 03/22/2013
Format: 03/22/2013
Robert W. Porter v. Brandi Porter (Kimbrell)
M2012-00148-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Judge J. Curtis Smith

Upon the parties’ divorce, Mother was named the children’s primary residential parent. Years later, Mother petitioned to increase Father’s child support, and Father filed a countercomplaint seeking to be named the primary residential parent. The trial court found that a material change in circumstances had occurred since the entryof the parties’ parenting plan. The trial court further found that certain best interest factors weighed in favor of,and against, both parties; however, it determined that the children’s best interests would be served by Mother remaining the primary residential parent. Father appeals and, discerning no error, we affirm.
 

Franklin County Court of Appeals 01/25/13
State of Tennessee v. James Lyon, II
M2012-00357-COA-R3-JV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge J. Curtis Smith

The appellant, a juvenile, appealed the juvenile court’s revocation of his probation and commitment to the custody of the Department of Children’s Services. The trial court, upon the juvenile’s timely appeal, affirmed the ruling of the juvenile court. We affirm.

Franklin County Court of Appeals 01/24/13
Metropolitan Government of Nashville and Davidson County v. Joseph H. Johnston
M2012-01537-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

The Metropolitan Government issued a parking citation to the driver of a vehicle parked at an expired meter; upon his failure to pay the $11.00 fine within the requisite 45-day period, the fine was increased to $50.00 and costs were assessed. Driver challenged the fine as a violation of the Fifty-Dollar Fines Clause of Article VI, Section 14 of the Tennessee Constitution and the Metropolitan Government’s authority to increase the fine, and asserted that the parking citation was unconstitutional for failure to comply with Tenn. Code Ann. § 7-3-501. We affirm the judgment of the trial court.

Davidson County Court of Appeals 01/22/13
In Re Baby
M2012-01040-COA-R3-JV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Betty K. Adams Green

This case involves the status of the parties with respect to a baby conceived pursuant to a surrogacy agreement. The juvenile court determined that there was a valid surrogacy agreement and denied the surrogate’s requests for relief from a final order ratifying the surrogacy agreement. We affirm the decision of the juvenile court.

Davidson County Court of Appeals 01/22/13
In Re: Estate of James Edgar Miller
E2012-00648-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge J. Reed Dixon

Many years prior to the decedent’s death, he was ordered to pay child support. Upon his death, the decedent’s ex-wife filed a claim against his estate seeking recovery of child support arrearages. The personal representative filed an exception, and the trial court denied the claim. The ex-wife appeals. We reverse.

Monroe County Court of Appeals 01/22/13
Rev. J. M. Shaffer v. Memphis Airport Authority, Service Management Systems, Inc., and John Doe B. through D.
W2012-00237-COA-R9-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Judge Karen R. Williams

This interlocutory appeal involves comparative fault and amending to add a defendant. The plaintiff suffered slip-and-fall injuries at the defendant airport. The day before the statute of limitations ran, the plaintiff filed this lawsuit against the airport, alleging negligence. The airport’s answer asserted comparative fault but did not identify an additional tortfeasor. In later discovery, the airport identified its janitorial service. The plaintiff amended her complaint to add the janitorial service as a defendant, citing T.C.A. 20-1-119. The defendant janitorial service filed a motion to dismiss, citing the statute of limitations. The trial court declined to dismiss the claims against the janitorial service, holding that the disclosure of the identity of the janitorial service in discovery triggered the 90-day statutory period under Section 20-1-119 in which the plaintiff is permitted to amend the complaint to add a defendant. We reverse, holding that, by the express terms of Section 20-1-119, the statutory 90-day period is not triggered by a defendant’s response to a discovery request.

Shelby County Court of Appeals 01/18/13
Mary C. Smith, as Surviving Widow of James B. Smith v. UHS of Lakeside, Inc., et al.
W2011-02405-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge Kay S. Robilio

Appellant appeals the trial court’s grant of summary judgment in favor of Appellee mental health facility, effectively dismissing the case. Having determined that the trial court failed to state the legal grounds upon which it was granting summary judgment, we vacate the orders at issue and remand for entry of orders that comply with Rule 56.04 of the Tennessee Rules of Civil Procedure.

Shelby County Court of Appeals 01/18/13
Martin D. "Red" Patterson, as a Citizen of the State of Tennessee, and as Business Manager of the International Union of Operating Engineers Local 369, et al. v. The Convention Center Authority of the Metropolitan Government of Nashville and Davidson Co.
M2012-00341-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Carol L. McCoy

Respondent Convention Center Authority appeals the trial court’s determination that the residential addresses of employees of third-party contractors contained in payroll records submitted by the contractors to the Convention Center Authority aren ot exempt from disclosure under the Tennessee Public Records Act. Petitioners cross-appeal the trial court’s denial of their request for attorney’s fees and costs. We affirm the trial court’s judgment.

Davidson County Court of Appeals 01/17/13
John Charles Wilson, et al. v. Tennessee Department of Transportation
M2012-00675-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Russell T. Perkins

The trial court dismissed Plaintiffs’ declaratory judgment action for lack of subject matter jurisdiction. Plaintiffs’ appeal. We affirm.
 

Davidson County Court of Appeals 01/17/13
Alberto DeLeon v. State of Tennessee
E2012-02393-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: William O. Shults, Commissioner

Alberto DeLeon (“the Claimant”) filed a claim pursuant to the Criminal Injuries Compensation Act for permanent impairment benefits and moving expense benefits allegedly arising out of an incident that occurred on April 5, 2011, in which the Claimant apparently was shot by his landlord. The claim was assigned to the small claims docket of the Claims Commission. Because we have no jurisdiction to hear an appeal from an order denying a claim appearing on the small claims docket of the Claims Commission, this appeal is dismissed.

Davidson County Court of Appeals 01/17/13
In Re: Jeremiah P.A.
E2012-01961-COA-R3-JV
Authoring Judge: Per Curiam
Trial Court Judge: Chancellor Michael W. Moyers

This appeal is from an order of the trial court entered on August 14, 2012, which order terminated the parental rights of Jeremy A. to his son, Jeremiah P.A., based upon Jeremy A.’s joining in the petition for adoption filed by Donna J. P., the child’s biological maternal grandmother, on September 20, 2011. See Tenn. Code Ann. § 39-1-117(f). The order appealed from does not resolve all issues raised in the petition for adoption, or the petition to intervene and adopt filed by Charles R., the child’s biological maternal grandfather. As such, the order is not a final order and this appeal is dismissed for lack of jurisdiction.

Knox County Court of Appeals 01/17/13
Rolando Toyos v. Amanda G. Hammock
W2011-01649-COA-R3-JV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Judge Curtis S. Person, Jr.

After primary residential parent Mother notified Father of her intent to relocate, Father opposed relocation and he petitioned to be named the child’s primary residential parent. The trial court determined the Father had demonstrated a material change in circumstances, but it found the child’s best interests would be promoted by Mother remaining the primary residential parent, and it allowed Mother’s relocation with the child. We affirm in part and we reverse in part.

Shelby County Court of Appeals 01/17/13
Aegis Sciences Corporation v. Lou Ann Zelenik, et al. - Dissent
M2012-00898-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge Joseph P. Binkley, Jr.

I respectfully dissent from the majority opinion in this case. The majority affirms summary judgment on the basis that Aegis is unable to show that a reasonable person of ordinary intelligence could find that the advertisement was capable of a defamatory meaning. Instead, I would hold that summary judgment is inappropriate in this case, reverse the trial court, and remand for further proceedings.
 

Davidson County Court of Appeals 01/16/13