Court of Appeals Opinions

Format: 10/18/2018
Format: 10/18/2018
Lonnie E. Roberts, et al. v. Claude Russell Bridges, a/k/a Leon Russell, et ux.
M2010-01356-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Robert L. Jones

This appeal involves the enforcement of a restrictive covenant. A group of neighbors filed suit seeking permanently to enjoin a musician and his wife from using their property for nonresidential purposes. The trial court ruled in favor of the neighbors after a bench trial, prohibiting the homeowners from parking a tour bus, two panel trucks, and several employee vehicles on their property and ordering the homeowners to remove a portion of a parking lot and driveway built to accommodate the vehicles. The court later awarded discretionary costs to the neighbors. We reverse the grant of injunctive relief requiring the homeowners to remove a portion of the parking lot and driveway but affirm the trial court in all other respects.

Maury County Court of Appeals 05/17/11
Maston G. Lyons, III, et al. v. Kimberly G. Leffew, et al.
M2010-00645-COA-R3-CV
Authoring Judge: Judge Frank G. Clement, Jr.
Trial Court Judge: Chancellor Howell N. Peoples

Plaintiffs appeal from the denial of a second Tenn. R. Civ. P. 60.02 motion. Eight months after the case was dismissed for failure to prosecute, Plaintiffs filed the first of two Rule 60.02 motions alleging they did not receive notice of the motion to dismiss their case and that they did not receive the order dismissing the case. The trial court denied the first Rule 60.02 motion and plaintiffs did not appeal that ruling. Plaintiffs then filed a second Rule 60.02 motion, asserting the same grounds as in the first motion. The trial court denied the second Rule 60.02 motion, which is the ruling at issue in this appeal. We have determined the issues presented in the second motion are res judicata because no new issues were presented in the second motion and, therefore, affirm the trial court.

Sequatchie County Court of Appeals 05/17/11
Jean Garman v. Guy Garman
E2010-01215-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge Jon Kerry Blackwood

This is a divorce case. Wife appeals the trial court’s order concerning: (1) the valuation of Husband’s medical practice; (2) the division of certain marital debt; and (3) the award of transitional alimony, rather than alimony in futuro, and the amount thereof. Discerning no error, we affirm.

Blount County Court of Appeals 05/16/11
Joshua Cooper, et al. v. Logistics Insight Corp., et al.
M2010-01262-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Chancellor Robert E. Corlew, III

This appeal arises out of a personal injury lawsuit, wherein plaintiff filed suit for injuries suffered in the course of his employment. Plaintiff's employer was allowed to intervene to assert a subrogation lien to recover workers’ compensation benefits paid to plaintiff. Plaintiff settled his claim against the defendants, and an order of voluntary dismissal was entered. The intervenors moved to set the case for trial, asserting that the settlement between plaintiffs and defendants was negotiated without the consent of the intervenors and did not take into account plaintiff’s future medical expenses, for which intervenors would be responsible. The trial court granted the intervenors’ motion to set the case for trial, but subsequently dismissed the intervening petition, finding that the settlement resolved all claims against the defendants and that the intervening petition failed to state a claim upon which relief could be granted. Finding that dismissal of the intervening petition was error, the judgment of the trial court is reversed and the case remanded.

Rutherford County Court of Appeals 05/16/11
Marshall H. Murdock, v. State of Tennessee, et al.
M2010-01471-COA-R3-CV
Authoring Judge: Presiding JudgeHerschel Pickens Franks
Trial Court Judge: Chancellor Carol L. McCoy

Petitioner brought this action styled: "Petition for Declaratory Judgment", naming the Tennessee Department of Corrections and the Tennessee Board of Paroles as defendants. The Trial Judge, responding to a Motion to Dismiss, dismissed the Department of Corrections on the grounds that it was not a proper party to challenge a parole board decision. The Trial Court then treated the Petition as a common law writ of certiorari, and held that the writ was not timely filed. Petitioner has appealed to this Court and we affirm the Judgment of the Trial Court.

Davidson County Court of Appeals 05/13/11
In Re Shaolin P. et al.
M2010-02549-COA-R3-PT
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Donna Scott Davenport

The juvenile court terminated Father’s parental rights on the grounds of abandonment by willful failure to provide support and substantial noncompliance with the permanency plans. Because we have concluded that the Department of Children’s Services failed to establish, by clear and convincing evidence, that Father’s failure to pay support was willful or that the Department’s efforts to help Father find housing were reasonable, we reverse the juvenile court’s decision.

Rutherford County Court of Appeals 05/13/11
Greg Lance v. Randall York, District Attorney General, 13th Judicial District
M2010-01864-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Chancellor Ronald Thurman

This is an appeal from the trial court’s order dismissing Appellant’s petition for access to public records under Tennessee Code Annotated Section 10-7-505. The trial court dismissed the petition upon its finding that: (1) the Appellee records custodian responded to Appellant’s records request; (2) the fee charged to Appellant was reasonable and in compliance with those set by the open records counsel; and (3) Appellant had, in fact, received the records that he requested. Discerning no error, we affirm.

Putnam County Court of Appeals 05/13/11
Randall C. Hagy v. State of Tennessee, et al.
E2010-01852-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Chancellor E.G. Moody

A show cause order was entered in this case on January 31, 2011, directing the pro se appellant to show cause why this appeal should not be dismissed for lack of jurisdiction based upon the untimely filing of the notice of appeal. The appellant has failed to respond to the show cause order. The record supports that the notice of appeal was filed untimely. Accordingly, we dismiss the appeal.

Sullivan County Court of Appeals 05/13/11
City of Memphis v. Clifton Cattron, Jr., and Civil Service Commission
W2010-01659-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Chancellor Kenny W. Armstrong

This is an appeal from the decision of the City of Memphis Civil Service Commission reversing the decision to terminate Clifton Cattron’s employment with the City of Memphis. After a thorough review of the record, we affirm the Civil Service Commission’s decision that the City of Memphis lacked a reasonable basis for terminating Mr. Cattron’s employment.

Shelby County Court of Appeals 05/13/11
In Re: Bryce L.H. and Alexis D.H.
E2010-02237-COA-R3-PT
Authoring Judge: Presiding Judge Herschel Pickens Franks
Trial Court Judge: Judge William B. Hawkins

In this action to terminate the parental rights of the mother to the two minor children, the Trial Court, after hearing evidence, held that the statutory grounds for termination of the mother's parental rights were established by clear and convincing evidence, and that it was in the best interest of the children that the mother's parental rights be terminated. The mother appealed and on appeal we affirm the Judgment of the Trial Court and remand.

Johnson County Court of Appeals 05/12/11
Tony Williams, et al. v. Tennessee Farmers Life Reassurance Company, et al.
M2010-01689-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Jim T. Hamilton

Defendant insurance company denied benefits under policy of life insurance, alleging the decedent made material misrepresentations in her application for insurance. The trial court found the decedent did not make misrepresentations on her application, and entered judgment in favor of Plaintiffs. Defendant insurance company appeals. We dismiss the appeal for lack of a final judgment.

Giles County Court of Appeals 05/12/11
Harold B. Schaffer v. Tennessee Department of Correction, et al.
M2010-01742-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Chancellor Jeffrey S. Bivins

Appellant was found guilty of a disciplinary offense while in the custody of the Tennessee Department of Correction. The chancery court granted Appellant’s petition for writ of certiorari, and, finding no entitlement to relief based upon the administrative record, it dismissed the petition. Appellant appeals, and we affirm.

Hickman County Court of Appeals 05/12/11
Cheryl Ann Gunn v. Nicholas Graham Gunn
M2010-00054-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Chancellor Timothy L. Easter

In this post-divorce proceeding, the mother appeals the trial court’s calculation of the father’s child support obligation. The trial court found that residential lease and car lease payments paid by father’s employer should be excluded from the calculation of father’s income for child support purposes. Finding that the trial court erred in excluding the payments from the calculation of the father’s income, the judgment is vacated in part and the case remanded for reconsideration of the father’s support obligation.

Williamson County Court of Appeals 05/11/11