Court of Appeals Opinions

Format: 08/23/2014
Format: 08/23/2014
Scott McIllwain, et al. v. Michael Scott Hoover, et al.
M2013-01277-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Ellen Hobbs Lyle

Former revenue enforcement officer challenges her termination from the Tennessee Department of Revenue. Because substantial and material evidence supports the Civil Service Commission’s decision, we affirm the chancery court’s judgment.
 

Davidson County Court of Appeals 05/19/14
Arlena Tippie v. Tennessee Department of Revenue, Et Al
M2013-00199-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Russell T. Perkins

Former revenue enforcement officer challenges her termination from the Tennessee Department of Revenue. Because substantial and material evidence supports the Civil Service Commission’s decision, we affirm the chancery court’s judgment.
 

Davidson County Court of Appeals 05/19/14
Gerald Rogers, Next of Kin of Vicki L. Rogers v. Paul Jackson, M. D., Et Al
M2013-02357-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Judge Royce Taylor

Defendants in a health care liability action appeal the denial of their motions to strike the allegations of comparative fault raised in the amended answer of other defendants and their motions to dismiss the amended complaint. Finding no error, we affirm the decision of the trial court.

Rutherford County Court of Appeals 05/19/14
Jerry Wynn v. Dana Wynn
W2014-00079-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: George R. Ellis

The order appealed is not a final judgment and therefore, we dismiss this appeal for lack of jurisdiction.

Gibson County Court of Appeals 05/19/14
Daniel H. Jones v. Robert H. Montgomery, Jr., Et Al.
E2014-00811-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Judge John S. McLellan, III

The order from which the pro se incarcerated appellant seeks to appeal was entered on December 13, 2013. The Notice of Appeal was filed more than thirty (30) days from the date of entry of the December 13, 2013 order, even considering the date upon which the appellant placed the Notice of Appeal in the mail for filing with the trial court clerk (February 28, 2014). See Tenn. R. App. P. 20(g). Because the Notice of Appeal was not timely filed, we have no jurisdiction to consider this appeal.

Sullivan County Court of Appeals 05/19/14
Delores Blackmon, et al. v. Illinois Central Railroad Company, et al.
W2013-01605-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Judge Roy B. Morgan, Jr.

Plaintiff filed this lawsuit pursuant to the Federal Employers’ Liability Act, alleging that her husband was exposed to toxic substances, including asbestos and other chemicals, during his employment with the defendant railroad and that such exposure led to his death from mesothelioma. The railroad filed a motion for summary judgment, arguing that the deceased employee had executed a release, when he settled previous litigation with the railroad, which served to bar the current litigation. The trial court granted the railroad’s motion for summary judgment based on the release. We reverse and remand for further proceedings.

Madison County Court of Appeals 05/16/14
In Re: Donovyn B. H.
W2013-02268-COA-R3-JV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Curtis S. Person, Jr.

The juvenile court set aside its parental visitation order with respect to a child born to married parents as void for lack of jurisdiction. Mother appeals. We affirm.

Shelby County Court of Appeals 05/16/14
Elisha Michelle (Cantrell) Dickerson v. Johnathan Bradley Cantrell
E2013-01732-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge Jacqueline S. Bolton

This post-divorce appeal concerns the modification of a parenting plan designating Mother as the primary residential parent and awarding Father reasonable visitation. Father filed a petition to modify, claiming that a material change in circumstances necessitated a change in the parenting plan. Following a hearing, the trial court designated Father as the primary residential parent and awarded Mother visitation. Mother appeals. We affirm the trial court’s decision.

Hamilton County Court of Appeals 05/16/14
Club LeConte v. Caroline Swann
E2013-01971-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge Deborah C. Stevens

This appeal arises from a dispute concerning the payment for Defendant’s wedding reception. Plaintiff filed suit when Defendant failed to pay for the reception as agreed. At trial, Plaintiff presented theories of breach of contract and unjust enrichment. The jury found for Plaintiff and returned a verdict against Defendant in the amount of $10,787.18. On appeal, Defendant requests reversal of the judgment entered against her because she believes that the jury verdict form erroneously allowed for recovery pursuant to both theories of breach of contract and unjust enrichment. We affirm.

Knox County Court of Appeals 05/16/14
Anna May Diggs, et al. v. Reneese Carter, et al.
W2013-02612-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Donald E. Parish

The trial court awarded summary judgment to Defendant in this will contest. We affirm.

Carroll County Court of Appeals 05/15/14
In Re: Daven S. L.
M2013-02376-COA-R3-PT
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Chancellor Stella L. Hargrove

Father of one child appeals the termination of his parental rights on the grounds of abandonment by wilful failure to support and visit and the finding that termination of his parental rights would be in the child’s best interest. Finding no error we affirm.
 

Maury County Court of Appeals 05/14/14
Philip H. Morson v. Tennessee Department of Mental Health And Developmental Disabilities, Et Al.
M2013-01218-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Don R. Ash

A doctor employed by a state mental health facility lost his job in a reduction in force. He claims this action was the result of complaints he made about the facility. The trial court granted summary judgment in favor of the defendants. Because the doctor failed to present evidence to establish an issue of material fact (after the defendants shifted the burden to the doctor), we affirm the trial court’s decision.

Davidson County Court of Appeals 05/14/14
In Re D.W.M., Jr.
E2013-02017-COA-R3-PT
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Judge Daniel Swafford

This appeal involves termination of parental rights. While she was pregnant, the mother of the child at issue made threats to harm herself and the unborn child. Both of the parents are mentally impaired. The mother has other serious disorders as well, and the father is a registered sex offender. The state took the child into protective custody four days after the child was born. The Tennessee Department of Children’s Services filed a petition to terminate the parental rights of both parents on grounds of mental incompetence and persistent conditions. After a trial, the trial court found by clear and convincing evidence that the Department of Children’s Services had established grounds for termination and that termination of parental rights was in the child’s best interest. Discerning no error, we affirm.

Bradley County Court of Appeals 05/13/14