OPINION CARMA DENNIS MCGEE , Judge . This is a divorce action. Husband appeals the trial court's division of marital property and award of alimony to Wife. Discerning no error, we affirm. I. PROCEDURAL HISTORY This appeal arises from a divorce action following a 34-year marriage. Freida Louise Climer ("Wife") and Stephen Franklin Climer ("Husband") were married in 1983. It was Wife's first marriage and Husband's second. Three children were born of the marriage, all of whom were adults...
OPINION JOHN W. McCLARTY , Judge . This appeal involves many attempts to secure repayment of a loan. After the most recent hearing, the trial court denied the plaintiff's request to revisit the prior rulings. We affirm as modified. I. BACKGROUND William C. Longworth and his wife, Tamara Longworth ("the Longworths"), began construction of a new home in the late 2000s, just when the economic decline began, despite the warnings of Mrs. Longworth's father, John Thomas Ammons. In 2009, Mrs....
OPINION FRANK G. CLEMENT, JR. , P.J. The plaintiff, who is now an adult, filed this action against Austin Davis seeking compensatory and punitive damages for intentional invasion of privacy and defamation. The plaintiff also sought to enjoin Mr. Davis from further intrusion into her private life by posting to social media statements regarding her childhood sexual molestation as well as the private details of her life and childhood. After two years of Mr. Davis's refusal to submit to any...
OPINION ARNOLD B. GOLDIN , Judge . This is an appeal challenging a jury verdict in an unlawful detainer action, in which both parties had raised additional counterclaims against one another, including breach of contract, fraud, and a violation of the Tennessee Consumer Protection Act. The jury returned a verdict in favor of the appellee. However, neither the jury's verdict nor the trial court's judgment on the verdict, addressed all of the parties' claims. Accordingly, we dismiss the...
MEMORANDUM OPINION 1 W. NEAL MCBRAYER , Judge . This is an appeal from the dismissal of the plaintiffs' second lawsuit against adjacent property owners arising from the discovery of a leaking septic tank on the plaintiffs' property. In their first lawsuit, the plaintiffs sued their neighbors in chancery court for negligence and trespass after discovering that the leaking septic tank was connected to a mental health facility on their neighbors' property. While the first action was still...
OPINION THOMAS R. FRIERSON, II , Judge . The plaintiff in this action is a retired employee of the defendant county. She filed a complaint in October 2009, asserting claims of negligence, breach of contract, intentional or negligent misrepresentation, and breach of fiduciary duty related to a county employee's alleged faulty advice and lack of disclosure to her concerning the interplay of her disability benefits policy and her retirement plan. Upon the county's motion, the trial court...
OPINION ANDY D. BENNETT , J. A trial court terminated a mother's and father's parental rights to three children on the grounds of wanton disregard for the children's welfare, substantial noncompliance with a permanency plan, and persistence of conditions. Both parents appealed the termination. We affirm the trial court's judgment in all respects. I. INTRODUCTION In this parental termination case, Elizabeth D.R. ("Mother") and Tony E.S., Jr. ("Father") are the parents of Trey S., Ryleigh...
OPINION FRANK G. CLEMENT, JR. , P.J. This is an appeal of an employer's Petition for Judicial Review, which challenged a ruling by the Tennessee Department of Labor and Workforce Development that the employer's former employee was entitled to unemployment benefits. The employer contended the employee was ineligible for benefits because she was terminated for "misconduct," as defined in the Tennessee Employment Security Act, for violating a policy known to the employee by using the...
OPINION RICHARD H. DINKINS , J. A private citizen initiated a proceeding in Shelby County Environmental Court to remove a billboard; the environmental court denied the petition, and the citizen appealed to Circuit Court. That court held that the citizen did not have standing to initiate the action and granted summary judgment to the billboard's owner. The citizen appeals, contending that he has standing. The undisputed facts show that the Memphis and Shelby County Office of Construction...
OPINION D. MICHAEL SWINEY , C.J. Charles Stinson and Glenda Stinson ("the Stinsons") appeal the November 17, 2017 order of the Chancery Court for Hickman County ("the Trial Court") expanding the injunctive relief granted in our Opinion in Stinson v. Mensel, No. M2016-00624-COA-R3-CV, 2017 WL 2972219 (Tenn. Ct. App. July 12, 2017), no appl. perm. appeal filed. We find and hold that the Trial Court lacked the authority to modify or revise the injunction entered by this Court in the...
OPINION FRANK G. CLEMENT JR. , P.J. This Tenn. R. App. P. 9 appeal arises from a wrongful death, healthcare liability action filed by the plaintiff on behalf of his deceased wife and her heirs-at-law against two hospitals and numerous healthcare providers. The dispositive issue is whether the pre-suit notices and HIPAA releases the plaintiff sent to one set of healthcare providers on December 17, 2015, and the separate pre-suit notices and HIPAA releases the plaintiff sent to a different...
OPINION JOHN W. McCLARTY , J. This action involves the petitioner's termination of employment as a firefighter for the City of Cleveland. The petitioner filed a petition for writ of certiorari and sought partial summary judgment, alleging, inter alia, that the termination procedure was unlawful. The trial court agreed and granted partial summary judgment. The case proceeded to a hearing on damages, after which, the court found that the petitioner failed to exercise reasonable diligence in...
OPINION ANDY D. BENNETT , J. The parents of a kindergartener filed suit against a metropolitan government for negligence after their child injured her arm at school. The trial court granted the metropolitan government's motion for summary judgment based upon its finding that the plaintiffs failed to demonstrate that the metropolitan government breached a duty of care owed to the plaintiffs or that any action or inaction by a metropolitan government employee was the cause in fact or...
OPINION BRANDON O. GIBSON , Judge . This appeal involves an Arkansas plaintiff who was involved in an auto accident on a bridge between Arkansas and Tennessee with another vehicle operated by an employee of the State of Arkansas. The Arkansas plaintiff and her husband filed this personal injury suit in the circuit court of Shelby County, Tennessee, naming as defendants the State of Arkansas, the Arkansas State Highway and Transportation Department, and the Arkansas state employee who was...
OPINION W. NEAL McBRAYER , J. Mother appeals the termination of her parental rights to her child. The juvenile court found three statutory grounds for termination: (1) abandonment by failure to establish a suitable home; (2) persistence of conditions; and (3) mental incompetence. The court also found that termination of Mother's parental rights was in the child's best interest. We conclude that the record contains clear and convincing evidence to support two of the three statutory grounds...
OPINION BRANDON O. GIBSON , J. This declaratory judgment action involves a multi-million dollar trust and a co-beneficiary and co-trustee's request for a detailed accounting and a liquidation plan. The case was dismissed, and the managing trustee filed a motion for Rule 11 sanctions. The trial court found multiple Rule 11 violations by the petitioner and awarded $200,000 in sanctions. Finding no abuse of discretion, we affirm. I. FACTS & PROCEDURAL HISTORY The present case involves a...
OPINION J. STEVEN STAFFORD , P.J. The trial court entered an order terminating Father's parental rights to his two minor children based upon the statutory grounds of abandonment by willful failure to visit, abandonment by willful failure to support, and persistence of conditions, as well as a finding that termination was in both children's best interest. From this order, Father appeals. We affirm the trial court's findings as to the grounds of willful failure to visit and willful failure...
OPINION W. NEAL MCBRAYER , J. Plaintiffs filed suit against the owners of a neighboring property, claiming that wastewater from the neighbors' septic system was pooling onto the plaintiffs' property. The defendants moved for summary judgment on two grounds: (1) their use of the septic system was authorized by an implied easement from the previous common ownership of the two properties; and (2) they did not breach any duty to the plaintiffs because they were unaware that the septic tank...
OPINION THOMAS R. FRIERSON, II , Judge . This is a termination of parental rights case involving the parental rights of the mother, Lequita S. ("Mother"), to her minor children, Alexis S., Jaxon S., and Jasmine S. (collectively, "the Children"). The Children were born in 2011, 2014, and 2017, respectively, to Mother and Jerry S. ("Father"). In November 2016, the Overton County Juvenile Court ("trial court") entered an order removing Alexis and Jaxon from the parents' custody and placing...
OPINION KENNY ARMSTRONG , J. Taxpayer brought action against the county and the purchaser at the delinquent tax sale alleging the sale of her property was void due to the lack of notice of the delinquent tax sale proceeding. The trial court denied the motion for summary judgment filed by the taxpayer and dismissed taxpayer's complaint in its entirety. Taxpayer appeals. Because the county never effectuated proper service on taxpayer, we reverse the trial court's decision and remand with...
