Court of Appeals Opinions
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Ramin Saeedpour v. Virtual Medical Solutions, LLC, et al. M2012-00994-COA-R3-CV Authoring Judge: Judge Richard H. Dinkins Trial Court Judge: Chancellor Claudia Bonnyman Doctor sued Seller of medical equipment for a refund of the purchase price of the equipment pursuant to a money back guarantee; Seller counterclaimed for attorney’s fees and litigation costs pursuant to a separate purchase agreement. The trial court granted Seller’s motion for summary judgment with respect to the guarantee on the basis that Doctor failed to meet a condition precedent; the trial court also granted Doctor’s motion for partial summary judgment with respect to Seller’s request for fees and costs on the basis that the guarantee and the purchase agreement were separate contracts. Doctor and Seller appeal. Finding no error, we affirm both judgments. |
Davidson County | Court of Appeals | 04/05/13 | ||
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Desiree M. Beyer v. Erik A. Beyer W2011-00502-COA-R3-CV Authoring Judge: Judge David R. Farmer Trial Court Judge: Judge Robert L. Childers This appeal arises from a prolonged divorce action. On appeal, Father challenges the trial court’s determinations regarding parenting time, child support, alimony, and the division of the marital estate. Father further challenges the trial court’s decision finding him in both civil and criminal contempt. After thoroughly reviewing the record, we affirm in part, reverse in part, vacate in part, and remand for further proceedings. |
Shelby County | Court of Appeals | 04/05/13 | ||
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Leslie Wooten, Jr. v. Clay Barnett, CFE Corporate Security, First Horizon National Corporation W2012-01391-COA-R3-CV Authoring Judge: Judge Holly M. Kirby Trial Court Judge: Judge Walter L. Evans This appeal involves a lawsuit against a bank. Representing himself, the plaintiff customer filed this lawsuit against the defendant bank. The defendant bank filed a motion to dismiss, and the plaintiff customer filed a motion for summary judgment. The trial court denied the customer’s motion for summary judgment and granted the bank’s motion to dismiss. The plaintiff customer now appeals. Discerning no error, we affirm. |
Shelby County | Court of Appeals | 04/05/13 | ||
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Dhyanna Muro Ramirez, et al. v. Bridgestone/Firestone, Inc., et al M2012-00860-COA-R3-CV Authoring Judge: Presiding Judge Charles D. Susano, Jr. Trial Court Judge: Judge Thomas W. Brothers These personal injury cases against Bridgestone/Firestone, Inc., and Ford Motor Company (collectively "the Defendants") were consolidated below for all pre-trial proceedings. They have been before this court twice before, first pursuant to a Tenn. R. App. P. 10 extraordinary appeal and later by way of a Tenn. R. App. P. 9 interlocutory appeal. They have generated two published opinions. In re Bridgestone/Firestone and Ford Motor Company Tire Litigation, 138 S.W.3d 202 (Tenn. Ct. App. 2003), perm. app. den. Jun. 1, 2004 ("Firestone I"); In re Bridgestone/Firestone and Ford Motor Company Litigation, 286 S.W.3d 898 (Tenn. Ct. App. 2008), perm. app. den. Mar. 23, 2009 ("Firestone II"). In Firestone I, we held that these cases should have been filed in Mexico. We dismissed them on the ground of forum non conveniens. In Firestone II, we held that unsuccessful attempts to file in Mexico could possibly establish that Mexico was not an available alternative forum,contrary to the assumption made by us in Firestone I. We remanded the cases for a hearing on the issue of whether the dismissals in Mexico took place in spite of the plaintiffs’ good faith efforts or, rather, occurred because of the plaintiffs’ manipulation of the cases in order to secure the dismissals in Mexico and thereby have an excuse to refile in Tennessee. The trial court dismissed eight of 26 pending cases. The cases that were dismissed fall into two distinct groups. One group involves tires ("the FR 480 tire cases"), specifically Firestone 480 tires, that were actually manufactured in Mexico. The trial court concluded that the failure to join the entity in Mexico that actually made the tires there showed that the plaintiffs in those cases should not be permitted to litigate whether Mexico was an available forum. The other group consists of two cases which were filed in Mexico on more than one occasion, only one of which was disclosed in discovery ("the Ramirez and Flores cases"). The plaintiffs in both groups (collectively "the Plaintiffs") appeal. We affirm. |
Davidson County | Court of Appeals | 04/04/13 | ||
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Stephen H. Cook, et al v. David L. Alley, Sr., et al. E2012-01220-COA-R3-CV Authoring Judge: Judge D. Michael Swiney Trial Court Judge: Chancellor Frank F. Williams, III This appeal concerns the statute of limitation for the extension of a judgment. J. Waymon Ellison (“Plaintiff”) obtained a judgment in the Chancery Court for Loudon County (“the Trial Court”) against David L. Alley, Sr. and David L. Alley, Jr. (“the Defendants”) in an action related to a real estate transaction. Years later, Plaintiff’s successors-in-interest (“the Successors”) sought to extend the judgment a second time for another ten years. The Trial Court extended the judgment, holding that the first ten year extension of the judgment began to run upon the expiration of ten years from the date the judgment was entered, and, that the initial ten year period in this case began to run from the date the judgment actually was entered rather than the nunc pro tunc date indicated in the judgment. We affirm the judgment of the Trial Court as modified. |
Loudon County | Court of Appeals | 04/04/13 | ||
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Demetry Michele Allen v. Harry Lee Allen Jr. W2012-00541-COA-R3-CV Authoring Judge: Judge J. Steven Stafford Trial Court Judge: Chancellor James F. Butler The question presented by this appeal is which parent should be named the primary residential parent of the parties’ minor child. The trial court named Appellee Mother primary residential parent. Appellant Father appeals. Discerning no error, we affirm and remand. |
Madison County | Court of Appeals | 04/03/13 | ||
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In Re: Hayley T. et al M2012-00690-COA-R3-JV Authoring Judge: Judge Frank G. Clement, Jr. Trial Court Judge: Judge L. Craig Johnson The mother of two minor children appeals the order placing her children and a stepdaughter in the custody of the Department of Children’s Services and limiting her to supervised visitation following a determination that the mother’s husband severely sexually abused another child in the home and the determination that the children were dependent and neglected. We affirm. |
Coffee County | Court of Appeals | 04/02/13 | ||
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State of Tennessee ex rel Kathlene Waldo v. Jennifer Waldo E2011-02677-COA-R3-CV Authoring Judge: Judge John W. McClarty Trial Court Judge: Judge Dennis W. Humphrey This is an appeal by a mother from the juvenile court’s judgment finding her in civil contempt for failure to pay child support and incarcerating her until she paid $400 toward the arrearage to purge the contempt. Finding the evidence inadequate to support a finding that the mother had the ability to pay child support when it was due or that she had the ability to pay $400 at the time of the hearing in order to purge the sentence, we reverse. |
Roane County | Court of Appeals | 04/02/13 | ||
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In Re: Taliah L.B. E2012-02102-COA-R3-PT Authoring Judge: Judge John W. McClarty Trial Court Judge: Judge Jacqueline Schulten Bolton This is a termination of parental rights case in which Custodial Parents sought termination of Mother’s parental rights to the Child. The trial court granted the termination petition, finding that Mother willfully failed to support and visit the Child and that termination was in the best interest of the Child. Mother appeals. We affirm the decision of the trial court. |
Hamilton County | Court of Appeals | 04/02/13 | ||
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In Re: Maria B.S., et al E2012-01295-COA-R3-PT Authoring Judge: Judge D. Michael Swiney Trial Court Judge: Judge Wheeler Rosenbalm Matthew V. and Carlene V. (“the Foster Parents”) filed a petition in the Circuit Court for Knox County (“the Trial Court”) seeking to terminate the parental rights of Lewis S. (“Father”), father to the minor twin children Maria B. S. and Anna J. S. (“the Children”). After a trial, the Trial Court terminated Father’s parental rights to the Children after finding that grounds for termination pursuant to Tenn. Code Ann. §§ 36-1-113 (g)(1), (g)(3), and (g)(9) had been proven by clear and convincing evidence, and that clear and convincing evidence had been shown that it was in the Children’s best interest for Father’s parental rights to be terminated. We affirm as modified. |
Knox County | Court of Appeals | 04/01/13 | ||
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H.A.S. v. H.D.S. E2012-01233-COA-R3-JV Authoring Judge: Presiding Judge Charles D. Susano, Jr. Trial Court Judge: A. Benjamin Strand, Jr. Lillian (“the Child”) is the offspring of H.A.S. (“Father”) and H.D.S. (“Mother”). The parties were never married to each other. They entered into two mediated agreements regarding Father’s co-parenting time with the Child. The agreements were never presented to or approved by a court. The parties followed the agreements for a time but conflicts developed and Father filed a petition seeking review and modification of the agreements. He asserted that there had been a material change in circumstances and that he should be awarded primary custody of the Child. Following a bench trial, the court found and approved the mediated agreements as being in the Child’s best interest. The court further determined that there had been no change in circumstances warranting a change in custody; but the court did find and hold that Father’s co-parenting time should be revised. Father appeals. We affirm. |
Jefferson County | Court of Appeals | 04/01/13 | ||
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Alma B. Long v. Raymond G. Creekmore E2012-01453-COA-R3-CV Authoring Judge: Judge John W. McClarty Trial Court Judge: Chancellor Billy J. White This appeal concerns Mother’s reservation of a life estate in property she conveyed to Son pursuant to a warranty deed. After the initial conveyance in 1983, Son resided on the property for years before renting the property to others. Mother prohibited the use of the property by certain tenants, who complied with her demand to vacate. In 2008, Mother objected to the current tenant’s occupation and filed suit to enforce her right to possession of the property. The trial court dismissed the suit, finding that the claim was barred by a ten-year statute of limitations. Mother appeals. We reverse the grant of summary judgment and remand for proceedings consistent with this opinion. |
Campbell County | Court of Appeals | 03/28/13 | ||
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Jim Ferguson v. Middle Tennessee State University M2012-00890-COA-R3-CV Authoring Judge: Judge Holly M. Kirby Trial Court Judge: Judge John D. Wootten This appeal involves an employee’s claim of retaliation for engaging in protected activity. The plaintiff employee filed a lawsuit against his employer, the defendant university, asserting several claims of employment discrimination under state and federal statutes. Subsequently, in a second lawsuit against the university, the plaintiff employee asserted that he suffered adverse job actions after he filed his charge of discrimination with the federal Equal Employment Opportunity Commission and the first discrimination lawsuit. The alleged adverse job actions included making the employee perform tasks that resulted in physical injuries. The lawsuits were consolidated and, after an eight-day jury trial, the jury awarded the employee $3 million in compensatory damages on the retaliation claim only. The defendant university appeals. We hold that, to prove a claim of retaliation for engaging in protected activity, the plaintiff was required to present material evidence to the jury that the decisionmaker, his supervisor at the university, was aware of the plaintiff’s protected activity when she took the adverse job actions against the plaintiff. The plaintiff employee presented no material evidence at trial of such knowledge by his supervisor at the relevant time. Accordingly, we reverse the trial court’s judgment and remand for entry of an order dismissing the plaintiff employee’s complaint. |
Rutherford County | Court of Appeals | 03/28/13 |