Court of Appeals Opinions

Format: 08/25/2016
Format: 08/25/2016
In re K.J.G.
E2015-00087-COA-R3-PT
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Douglas T. Jenkins


This is a termination of parental rights case. The trial court found clear and convincing evidence of grounds for terminating the parental rights of R.P.G. II, (father) to K.J.G. (the child). By the same quantum of proof, the court found that termination was in the child‘s best interest. Father appeals. We hold that the trial court‘s final judgment does not include or incorporate written findings of fact justifying its decision as required by Tenn. Code Ann. § 36-1-113(k) (2014). For this reason, we vacate the trial court‘s judgment and remand for further proceedings consistent with this opinion.

Greene County Court of Appeals 03/28/16
Kenneth D. Hardy v. Tennessee State University, et al
M2014-02450-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Judge Carol Soloman

Former state university police officer brought suit against the university, its governing board, and the university’s chief of police asserting causes of action under the Tennessee Public Protection Act (“TPPA”), the Tennessee Human Rights Act (“THRA”), and Title VII of the Civil Rights Act of 1964 (“Title VII”); the officer alleged that he had been discriminated against on the basis of his sex and in retaliation for filing a complaint of discrimination with the university and charges of discrimination with the Equal Employment Opportunity Commission (“EEOC”), and that he was subjected to a hostile work environment and constructively discharged. At a hearing on the defendants’ motion for summary judgment on all causes of action the trial court orally granted the motion in full; in the final order the court adopted findings of fact and conclusions of law which had been prepared by counsel for defendants. The officer appeals the dismissal of all causes of action except for sex discrimination; he also asserts that the findings and conclusions do not comply with Tenn. R. Civ. P. 56.04. Holding that the findings and conclusions adopted by the court reflect the court’s independent analysis as required by Tenn. R. Civ. P. 56.04 with respect to the incidents which were alleged to violate the TPPA, we review the grant of summary judgment and affirm the judgment. As to the causes of action arising under Title VII and the THRA, we conclude that TSU was only entitled to summary judgment on the claim that the officer was constructively discharged and on all claims of retaliation except those arising from his transfer to the downtown campus and from multiple warnings the officer received for tardiness, and from his claim of a hostile work environment with respect to numerous write-ups he received. Accordingly, we remand the case for further proceedings related to those claims.    

Davidson County Court of Appeals 03/24/16
Alexis Breanna Gladden v. Cumberland Trust and Investment Company et al.
E2015-00941-COA-R9-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Thomas Wright

We granted an interlocutory appeal pursuant to Tenn. R. App. P. 9 in this case to consider whether the signature of the trustee of the Alexis Breanna Gladden Irrevocable Trust (“the Trust”) on an investment/brokerage account agreement agreeing to arbitration binds the minor beneficiary of the Trust to conduct arbitration of unknown future disputes or claims. We find and hold that while the plain language of the trust agreement does allow the trustee to agree to arbitrate claims and disputes that have arisen, it does not allow the trustee to agree to arbitration of unknown future disputes or claims. Therefore, the signature of the trustee of the Trust on an investment/brokerage account agreement agreeing to arbitration does not bind the minor beneficiary to conduct arbitration of unknown future disputes or claims.

Hamblen County Court of Appeals 03/24/16
State of Tennessee Ex Rel. Daniel E. Blandford v. Tanya L. Blandford
E2015-00357-COA-R3-JV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge Timothy E. Irwin

This appeal involves a juvenile court’s subject matter jurisdiction to address a post-divorce matter of child support. The parties were divorced through judgment entered by the Knox County Fourth Circuit Court. Although the Circuit Court initially ordered the mother to pay child support for the parties’ three children, the Circuit Court subsequently entered an agreed order in 2008, directing that neither party would be obligated to pay child support from that date forward. The father commenced the instant action on June 7, 2010, by filing a petition in the Knox County Juvenile Court, alleging dependency and neglect as to the mother. Following a hearing conducted on February 14, 2011, the Juvenile Court entered an agreed order awarding “custody” to the father and finding the children dependent and neglected as to the mother. The father subsequently filed a petition to set child support. Following a hearing conducted on June 1, 2012, the Juvenile Court magistrate entered findings and recommendations, setting the mother’s child support obligation.

Knox County Court of Appeals 03/24/16
Jarratt Bell et al. v. Metropolitan Government of Nashville and Davidson County et al
M2015-01521-COA -R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor Claudia Bonnyman

In 1979, a property owner (“Owner”) was notified that his property was in violation of the zoning ordinance, which allowed a maximum of two dwelling units in that area. The property contained five dwelling units. Owner appealed the zoning administrator’s decision to the board of zoning appeals (“BZA”), which permitted him to retain the five units for as long as he owned the property. In 2014, when Owner decided to sell the property, he petitioned the zoning administrator to remove the ownership condition so that another owner could maintain the five units. The administrator denied this request, and Owner appealed to the BZA, which removed the ownership condition. Five nearby property owners filed a writ of certiorari in chancery court challenging the BZA’s decision. The chancery court vacated the BZA’s decision, finding that the BZA acted arbitrarily in removing the ownership condition and then failing to consider the effect of this decision, namely, the creation of a new permanent variance without a determination that the property met the statutory standards. The chancery court remanded the case to the BZA for further consideration. Owner appeals, and we affirm the chancery court’s decision.

Davidson County Court of Appeals 03/21/16
Timothy Wayne Masse v. Mandy Joe Masse Cottar
M2015-00822-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Stella L. Hargrove


Mother and Father were married for eight years and had three children when they divorced in 2009. Mother was named the primary residential parent, and each party was awarded equal residential time with the children. In 2010 Mother moved from Spring Hill, where the parties had lived during their marriage, to Goodlettsville. When Mother attempted to remove the children from Maury County schools and enroll them in Robertson County schools, Father filed a petition to modify the parenting plan and to be named the primary residential parent. Following a trial, the court found that the parties’ failure to follow the parenting plan constituted a material change of circumstances and that it was in the children’s best interest for the primary residential parent designation to change from Mother to Father. Mother appealed, and we affirm the trial court’s judgment.

Maury County Court of Appeals 03/21/16
Judith Moore-Pennoyer v. State of Tennessee, et al.
E2015-01701-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge Jon Kerry Blackwood

This is a Rule 9 interlocutory appeal for a determination as to whether a person who has prevailed in a judicial election, but not yet assumed the office of judge, acts as a “state officer or employee” for purposes of the waiver provision set forth in Tennessee Code Annotated section 9-8-307(b), when making administrative staffing provisions. The plaintiff filed this action alleging tortious interference with an employment relationship by the defendant, a newly elected circuit court judge. The defendant filed a motion to dismiss, alleging that he was entitled to immunity based upon his position as a state officer. Following a hearing, the trial court found that the defendant did not enjoy any form of immunity and that the waiver provision did not apply because he was not yet a state officer or employee when the actions at issue took place before he took the oath of office and assumed his position. The court denied the motion to dismiss but granted permission to file an interlocutory appeal pursuant to Rule 9. We granted permission to appeal and now affirm the decision of the trial court.

Knox County Court of Appeals 03/21/16
Troy L. Boswell p/k/a Leroy Troy v. RFD-TV The Theater, LLC, et al
M2015-00637-COA-R3-CV
Authoring Judge: Judge Brandon O. Gibson
Trial Court Judge: Judge Thomas W. Brothers

This appeal arises out of a breach of contract action filed by a musical performer after the defendant venue owner cancelled the show in which the plaintiff performed. The trial court found in favor of the plaintiff performer and ordered the defendant to pay $70,744 in damages for breach of contract, $59,864.18 in prejudgment interest, and $90,000 in attorney’s fees. The defendant appeals, arguing that the awards of prejudgment interest and attorney’s fees were erroneous according to Nebraska law, which the parties chose to govern their contract. For the following reasons, we reverse and remand for further proceedings.      

Davidson County Court of Appeals 03/18/16
Ronald David Jones v. Kelly Ann Jones
M2014-00921-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Chancellor George C. Sexton

This appeal arises from a long and turbulent custody dispute. Under the terms of the Permanent Parenting Plan, each parent was designated primary residential parent for one of the parties’ two minor children. A few months after the divorce, the father filed an emergency petition to be named the primary residential parent of the younger child. After a hearing, the trial court dissolved the ex parte restraining order but awarded temporary custody of the child to the father. Five months later, the father filed a second emergency petition to suspend visitation with the mother. After a hearing, the trial court dissolved the second restraining order but left the temporary custody order in place. Two years after the father filed the original petition to modify custody, the court conducted a final hearing. The court found a material change in circumstance had occurred sufficient to justify a change in custody and the custody change was in the best interest of the child. Because the trial court did not make sufficient findings of fact concerning the issue of material change of circumstance, as required by Rule 52.01 of the Tennessee Rules of Civil Procedure, and the credibility of witnesses is at issue, we are unable to conduct an effective appellate review. While normally we would remand this case to afford the trial court the opportunity to state its findings of fact, the judge who tried this case has retired. Therefore, we have no choice but to reverse the judgment and remand for a new hearing.   

Dickson County Court of Appeals 03/18/16
World Classic Productions, Inc. v. RFD-TV The Theater, LLC, et al.
M2015-00638-COA-R3-CV
Authoring Judge: Judge Brandon O. Gibson
Trial Court Judge: Judge Thomas W. Brothers


This appeal arises out of a breach of contract action. The plaintiff is a corporate entity that represents a musical group. The defendant is a venue owner that cancelled the show in which the musical group performed. After a bench trial, the trial court found in favor of the plaintiff and ordered the defendant venue owner to pay $195,741.86 in damages for breach of contract and $166,353.77 in prejudgment interest. The defendant appeals, arguing that the award of prejudgment interest was erroneous according to Nebraska law, which the parties chose to govern their contract. For the following reasons, we reverse and remand for further proceedings.

Davidson County Court of Appeals 03/17/16
Mark T. Harthun v. Joan M. Edens
W2015-00647-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Chancellor Walter L. Evans

This appeal arises from a contract to purchase real estate. Appellee contracted to sell Appellant the property at issue, subject to the property appraising at a certain value and the Appellant obtaining financing. Upon discovering that the property was subject to an easement held by the Tennessee Valley Authority, Appellant refused to purchase the property, contending that Appellee could not convey good and marketable title. Appellee filed suit for specific performance and also sought injunctive relief to prevent Appellant from purchasing other real property. In response, Appellant first filed a motion for summary judgment. Later, Appellant filed an answer and countercomplaint, seeking damages for breach of contract. Appellant then filed a motion for voluntary nonsuit of her countercomplaint and, on the same day, filed an amended motion for summary judgment. Appellee then filed a motion for leave to take a voluntary nonsuit. After Appellee filed his motion for nonsuit, Appellant filed a motion for attorney's fees, costs, and the return of earnest money. The trial court granted Appellee's motion for nonsuit, notwithstanding the Appellant's pending motion for summary judgment. The trial court denied Appellant's motion for attorney's fees and costs, but granted the motion for return of earnest money. Appellant appeals.

Shelby County Court of Appeals 03/17/16
Donald Yount v. Fedex Express
W2015-00389-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Chancellor Walter L. Evans

This is an age discrimination case. The 50-year-old plaintiff worked for the defendant company as a manager. In 2007, an internal investigation revealed that the plaintiff had violated two of the company’s policies. The plaintiff was ultimately terminated for violating the policies. The plaintiff filed this lawsuit alleging age discrimination. The company filed a motion for summary judgment arguing that the plaintiff could not establish a prima facie claim for discrimination or that the company’s explanation for terminating him was a pretext for discrimination. The trial court granted summary judgment in favor of the company. The plaintiff now appeals. We affirm.

Shelby County Court of Appeals 03/17/16
In re Gabrielle R., et al. - Dissent
W2015-00388-COA-R3-JV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Dan H. Michael

The majority holds that because a reconsideration of child support is necessarily “[i]ncident to” the reconfiguration of a parenting plan, the trial court’s failure to rule on the child support modification action implicit in all successful modification of parenting time proceedings deprives this Court of jurisdiction to consider this appeal. Because I cannot accept that an agreed upon change in a parenting plan automatically necessitates an unrequested reconsideration of the parties’ child support obligations, I must respectfully dissent.

Shelby County Court of Appeals 03/17/16
In re Gabrielle R., et al.
W2015-00388-COA-R3-JV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Dan H. Michael

Following an announcement in open court that the parties agreed to the terms of a permanent parenting plan, the trial court entered an order purporting to adopt the agreed-upon plan. Father appeals from this order, arguing that certain terms of the plan entered by the trial court do not match the announced agreement. Having reviewed the record, we observe that there is neither an attached child support worksheet reflecting what Father's child support would be based on the modified parenting schedule, nor any ruling on child support by the trial court. Accordingly, we conclude that the order appealed is not a final judgment so as to confer jurisdiction on this Court. Tenn. R. App. P. 3. Accordingly, we dismiss this appeal and remand the case for further proceedings consistent with this Opinion.

Shelby County Court of Appeals 03/17/16
In re Jasmine G.
M2015-01125-COA-R3-JV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Sheila Calloway

At issue is whether the juvenile court abused its discretion by denying Mother’s request for attorney’s fees. Mother filed a petition to modify child support. Father filed an answer denying the petition and a counter-petition requesting, inter alia, that he be awarded primary custody of their child. The case was initially tried before the magistrate who denied Father’s petition and granted Mother’s petition to increase child support; however, the magistrate did not rule on Mother’s request for attorney’s fee. Both parties filed motions asking the juvenile court judge to conduct a de novo review. The juvenile court judge affirmed the magistrate’s recommendations; the judge also denied Mother’s request for attorney’s fees without explanation. On appeal, Mother contends the juvenile court abused its discretion by refusing to award any of her attorney’s fees. Given the significant disparity in the parties’ income and realizing that Mother prevailed on the issues of child support and custody, we have determined that Mother is entitled to recover the attorney’s fees she reasonably incurred that relate to the issues of child support and custody and that she is entitled to recover attorney’s fees incurred on appeal. Accordingly, we reverse and remand with instructions for the juvenile court to award the reasonable and necessary attorney’s fees Mother incurred relating to her petition for modification of child support and Father’s petition for custody. We also remand for the juvenile court to award Mother her reasonable and necessary attorney’s fees incurred in this appeal.

Davidson County Court of Appeals 03/16/16
Elizabeth Ann Morrow Granoff v. Andrew Scott Granoff
E2015-00605-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge Richard R. Vance

This second appeal of this post-divorce case concerns the husband's continued occupation of the marital residence. Upon remand, the trial court imposed a rental obligation upon the husband and established a reserve price for the auction sale of the residence. We modify the court's decision to reflect an imposition of rent that conforms to the marital dissolution agreement. We affirm the decision in all other respects.

Jefferson County Court of Appeals 03/16/16
William Wyttenbach v. Board of Tennessee Medical Examiners, et al.
M2014-02024-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Chancellor Ellen H. Lyle

This is an appeal under the Administrative Procedures Act. After the Tennessee Department of Health mailed notice to a physician of alleged violations of the Tennessee Medical Practice Act, the physician retired his Tennessee medical license. Unsatisfied, the Department of Health filed a notice of charges. After a hearing at which the physician did not appear, the Tennessee Board of Medical Examiners revoked the physician’s medical license and placed conditions on any future application by the physician for a medical license in Tennessee. The physician appealed to the chancery court, which affirmed the decision of the Board of Medical Examiners. On appeal to this Court, the physician challenges whether the Board possessed personal jurisdiction over him and sufficiency of service of the notice of charges. The physician also argues that his due process rights were violated and that the Board of Medical Examiners lacked authority to revoke a retired medical license. We affirm.      

Davidson County Court of Appeals 03/15/16
Diane C. Hanson v. Gary D. Meadows
M2015-00854-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Chancellor David M. Bragg

The mother of two minor children filed a petition on May 5, 2014, in the Chancery Court of Rutherford County seeking an order of protection against the children’s father for her benefit and for the benefit of their two minor children. When the petition was filed, the parties were operating under a parenting plan from Wisconsin state courts, and the Chancery Court of Rutherford County exercised only temporary emergency jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, Tenn. Code Ann. §§ 36-6-201 to -243. The chancery court granted the petition pending an evidentiary hearing. Unfortunately, the matter stalled for eleven months due to pending criminal charges against the father arising out of the same incident. Following the evidentiary hearing in April 2015, the trial court extended the order of protection as to the mother but dismissed the petition as to the children on the finding the children were not in any danger. Mother appealed. At oral argument, both parties informed the court that custody modification proceedings were ongoing in Tennessee and that the parenting plan had been temporarily modified pending discovery and a full hearing. The only issues on appeal pertain to the welfare of the parties’ two minor children. The chancery court now has jurisdiction over the order of protection, which was filed two years ago, and exclusive, continuing jurisdiction over the parenting plan; therefore, the chancery court is responsible for ruling on all current issues concerning the welfare of the children. For these reasons, we conclude the limited issues on appeal are moot because we are unable to provide meaningful relief. Our ruling on the order of protection could conflict with recent rulings by the chancery court that are based on current events, as distinguished from the singular incident on appeal that is now two years old. Therefore, the appeal is dismissed. 

Rutherford County Court of Appeals 03/15/16
Henry Holt, Sr., et al v. City of Fayetteville, Tennessee, et al.
M2014-02573-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Franklin L. Russell

Plaintiffs, on behalf of themselves and a deceased family member, sued the City of Fayetteville and others for wrongful death and personal injuries resulting from an automobile accident involving a stolen police car. Plaintiffs alleged a police officer negligently failed to secure a suspect after placing her in the police car. The suspect then stole the police car, drove away at a high rate of speed, and collided with the plaintiffs’ vehicle. The City moved to dismiss on the grounds that it was immune from suit based upon the public interest doctrine, and the trial court granted the motion. We affirm the dismissal.

Lincoln County Court of Appeals 03/15/16
In re Ashton B.
W2015-01864-COA-R3-PT
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Chancellor Walter L. Evans

Petitioner adoption service filed a petition to terminate Father's parental rights, alleging several grounds under Tennessee Code Annotated Section 36-1-113(g)(9)(A) and abandonment pursuant to Tennessee Code Annotated Section 36-1-113(g)(1). The trial court denied the petition, finding no grounds to support termination. Based upon the Tennessee Supreme Court's holding in In re Bernard T., 319 S.W.3d 586 (Tenn. 2010), that the grounds contained within Section 36-1-113(g)(9)(A) cannot apply to putative biological fathers, we affirm the trial court's denial of termination on those grounds. We also affirm the trial court's finding that Petitioner failed to prove abandonment pursuant to Tennessee Code Annotated Section 36-1-113(g)(1) by clear and convincing evidence.

Shelby County Court of Appeals 03/15/16
State Farm Mutual Automobile Insurance Company v. Robert Blondin
M2014-01756-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Judge Robert E. Corlew, III

Automobile insurance company brought action to recover from the defendant payments made under the policy to its insured and her passenger for personal injuries and property damage resulting from an automobile accident between the insured and the uninsured Defendant’s daughter. Judgment was entered in favor of company in the amount of $20,575.00, which was reduced by 20% to $16,460.00 in accordance with the court’s apportionment of 20% fault to the policy holder. Defendant appeals the denial of his motion to dismiss, the award of damages, and the allocation of fault.
 

Rutherford County Court of Appeals 03/14/16
In re Benjamin A.
E2015-00577-COA-R3-PT
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge Robert D. Philyaw

This is a termination of parental rights case, focusing on Benjamin A., the minor child (“the Child”) of Brent H. (“Father”) and Brandice A. (“Mother”). The Child was taken into protective custody by the Tennessee Department of Children's Services (“DCS”) on November 4, 2010, upon investigation of a spiral fracture to his right arm and suspected child abuse. On December 17, 2013, DCS filed a petition to terminate the parental rights of Father. Mother previously had surrendered her parental rights to the Child in June 2013 and is not a party to this appeal. Following a bench trial, the trial court found that statutory grounds existed to terminate the parental rights of Father upon its finding by clear and convincing evidence that Father had (1) abandoned the Child by willfully failing to provide financial support, (2) abandoned the Child by failing to provide a suitable home, and (3) failed to substantially comply with the reasonable responsibilities and requirements of the permanency plans. The court further found by clear and convincing evidence that termination of Father's parental rights was in the Child's best interest. Father has appealed. Having determined that, as DCS concedes, the element of willfulness was not proven by clear and convincing evidence as to Father's failure to support the Child, we reverse the trial court's finding regarding the statutory ground of abandonment through failure to support. We affirm the trial court's judgment in all other respects, including the termination of Father's parental rights to the Child.

Hamilton County Court of Appeals 03/14/16
In re Estate of Terry Paul Davis
E2015-00826-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Michael A. Gallegos

Christinia Davis (“Wife”), Terran Denise Davis (“Terran”), and Taylor Ann Davis (“Taylor”) appeal the April 17, 2015 order of the General Sessions Court for Bount County Probate Division (“Probate Court”) upholding the Last Will and Testament of Terry Paul Davis (“the Will”). Wife, Terran, and Taylor raise an issue regarding whether the Probate Court erred in finding that the presumption of undue influence arising out of the proven confidential relationship between Terry Paul Davis (“Deceased”) and Olive K. Davis (“Davis”) was rebutted by clear and convincing evidence. We find and hold that although a confidential relationship was proven between Deceased and Davis, clear and convincing evidence was proven to rebut the presumption of undue influence. We, therefore, affirm.

Blount County Court of Appeals 03/14/16
In re Candace J., et al.
M2015-01406-COA-R3-PT
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Donna Scott Davenport

This is a termination of parental rights case. The Tennessee Department of Children’s Services (“DCS”) filed a petition seeking to terminate the mother’s parental rights with respect to the minor child. The juvenile court found that statutory grounds existed to terminate the mother’s parental rights upon its finding by clear and convincing evidence that the mother (1) abandoned the child by her willful failure to visit, (2) abandoned the child by her willful failure to provide a suitable home, (3) failed to substantially comply with the requirements of the permanency plans, and that (4) the conditions that led to the child’s removal still persisted. The juvenile court further found by clear and convincing evidence that termination of the mother’s parental rights was in the child’s best interests. Having thoroughly reviewed the record and considered the arguments presented on appeal, we affirm the juvenile court’s judgment in all respects.  

Rutherford County Court of Appeals 03/11/16
Melanie Jones, individually and on behalf of Matthew H. v. Shavonna Rachelle Windham, et al. - Dissent
W2015-00973-COA-R10-CV
Authoring Judge: Judge Brandon O. Gibson
Trial Court Judge: Judge Robert Samual Weiss

I must respectfully dissent from the majority's Opinion, and I believe Tennessee should adopt the preemption rule. In my view, once an employer has admitted respondeat superior liability for an employee's negligence, it is improper to allow a plaintiff to proceed against the employer on a negligent hiring or negligent supervision theory of liability.

Shelby County Court of Appeals 03/11/16