OPINION RICHARD H. DINKINS, J. Plaintiff appeals the trial court's grant of summary judgment to defendants on her claims for statutory procurement of breach of contract, common law inducement of breach of contract, and tortious interference with business relationship. Finding that plaintiff failed to establish one or more essential element of each claim, we affirm the trial court's ruling. BACKGROUND The Cumberland at Green Hills ("Cumberland") is an assisted living facility owned and...
MEMORANDUM OPINION 1 FRANK G. CLEMENT, Jr., JUDGE. This is an appeal from the dismissal of a Petition for Writ of Common Law Certiorari or in the Alternative Petition for Declaratory Judgment filed by a former inmate of the Tennessee Department of Correction. The petition alleges that several agencies or individuals who were not named defendants in the petition imposed two allegedly "illegal" sentences upon him, thus, violating his civil rights. The sentences expired in 1999 and 2000,...
OPINION HOLLY M. KIRBY, JUDGE. This appeal involves the exclusion of expert testimony. The plaintiff employee filed a lawsuit against the defendant railroad employer pursuant to the Federal Employers' Liability Act, seeking compensation arising out of alleged work-related injuries. The parties took the depositions of two experts for the plaintiff, an ergonomist and her treating orthopedic surgeon. The railroad subsequently filed motions in limine to exclude the testimony of the two experts,...
MEMORANDUM OPINION 1 PER CURIAM This is an appeal from an order denying a motion for a default judgment. Because the order appealed does not resolve all the claims between the parties, we dismiss the appeal for lack of a final judgment. The appellant, Lisa Smith, filed a notice of appeal from an order entered on November 9, 2011, denying her motion for a default judgment. The appellee, HFH, Inc. d/b/a/ DHL ("HFH"), has filed a motion to dismiss the appeal for lack of a final judgment. Ms....
OPINION HERSCHEL PICKENS FRANKS, P.J. Plaintiff and others sustained injuries in a single car accident and sued defendant construction company and the Tennessee Department of Transportation, alleging that defendant construction company had recently completed work on that section of the highway where the accident occurred, and that a low point in the pavement caused plaintiff to lose control of his vehicle and wreck. Defendant answered, stating that they had completed the required construction...
OPINION FRANK G. CLEMENT, Jr., JUDGE. This is an action to recover uninsured motorist benefits following a motor vehicle collision involving the plaintiff and another vehicle. The driver of the defendant vehicle left the scene and has not been identified. The owner of the vehicle was subsequently identified, but denied knowing the identity of the driver and claimed no one had permission to operate the vehicle at the time of the accident. The named defendants in this action are the owner of...
OPINION HOLLY M. KIRBY, JUDGE. The case involves a lease-purchase agreement. The plaintiff truck driver worked for the defendant hauling company. He entered into a lease-purchase agreement with the co-defendant leasing company, affiliated with the employer hauling company, to purchase the truck he drove in his employment. At the end of the lease, the leasing company refused to transfer title to the truck to the plaintiff. The plaintiff then filed this lawsuit against both defendant companies,...
OPINION JOHN W. McCLARTY, JUDGE. This is an appeal from a child support action. A juvenile court magistrate found the father to be willfully and voluntarily unemployed and imputed income to him for the purposes of calculating his child support obligation. The magistrate refused to consider a motion to modify or vacate. On appeal to the juvenile court judge, the father was refused review on the basis that the magistrate had heard the motion to modify or vacate pursuant to Rule 34(b) of the...
MEMORANDUM OPINION 1 PER CURIAM. This is an appeal from an order entered by the Chancery Court for Davidson County transferring an inmate's Petition for Writ of Certiorari to the Chancery Court for Morgan County. Because the order appealed does not resolve the claims raised in the petition but merely transfers those claims to another court, we dismiss the appeal for lack of a final judgment. Urshawn Eric Miller, an inmate in the custody of the Department of Correction, filed a Petition for...
OPINION ANDY D. BENNETT, JUDGE. In a divorce action, Husband appeals the trial court's designation of Wife as the primary residential parent, its allocation of the marital debt, and its denial of alimony. Discerning no error, we affirm. FACTUAL AND PROCEDURAL BACKGROUND Lydia Lee Ogle ("Wife") and Kevin Frank Ogle ("Husband") were married in 1995 and have two minor children, Blaine and Blake. Wife filed for divorce and the matter was heard on March 9 and March 11, 2010. Several people...
OPINION JOHN W. McCLARTY, JUDGE. Chattanooga's mayor, the subject of a recall petition, filed suit against the county election commission, seeking a declaratory judgment that the petition process was flawed and to enjoin the election commission from placing the recall issue on the November 2010 election ballot. The trial court found the election commission could not lawfully certify the recall petition due to noncompliance with applicable statutory provisions and enjoined the placement of the...
OPINION D. MICHAEL SWINEY, J., delivered the opinion of the court, in which HERSCHEL P. FRANKS, P.J., and CHARLES D. SUSANO, JR., J., joined. On November 8, 2008, James Turlington and his wife, Altha Turlington, were killed in an automobile accident after their car tuned left in front of a vehicle being driven by John H. Booth, II ("Booth"). Initially, it was believed that the Turlington vehicle was being driven by Altha Turlington. It was determined two days later that the Turlington vehicle...
MEMORANDUM OPINION 1 PER CURIAM. This appeal is being pursued from the trial court's order of August 9, 2011. That order is not a final order. Accordingly, the appellant Gloria G. Neuenschwander's appeal is hereby dismissed. The trial court's order of August 9, 2011, includes findings and conclusions. The order directs the parties to file material pertaining to "a reasonable attorney['s] fee." The order goes on to provide that "[t]hereafter, the Court will assess a reasonable attorney['s]...
OPINION PATRICIA J. COTTRELL, JUDGE. The Town of Smyrna annexed land in 1991 that included a retail furniture store. The owner of that business kept a number of tractor-trailers parked on his property to store some of his inventory. Several years after the annexation, the town cited the owner in an attempt to enforce a municipal ordinance regulating the parking of tractor-trailers on commercially zoned property. The municipal court ruled against the owner. He appealed to the Circuit Court,...
OPINION ANDY D. BENNETT, JUDGE. Plaintiff and third-party defendant appeal the circuit court's denial of third-party defendant's motion to dismiss, grant of defendant/third-party plaintiff's motion for sanctions against third-party defendant, and dismissal of the plaintiff's claims. Finding that defendant/third-party plaintiff's complaint makes out a claim for relief as a matter of law, we affirm the circuit court's denial of third-party defendant's motion to dismiss. Finding that the circuit...
OPINION JOHN W. McCLARTY, JUDGE. In this case, the trial court entered a default judgment against J. Alan Riggs ("Husband") and Deborah D. Riggs ("Wife") and against Husband and Preston Park Development, LLC ("Preston Park"). Husband, Wife, and Preston Park (collectively "the Defendants") filed a motion for a new trial or to set aside the default judgment. The trial court granted the motion, in part, holding that Wife was not liable for one of the counts in the judgment entered against her....
OPINION D. MICHAEL SWINEY, JUDGE. Rodney T. Rzezutko and Sandra Rzezutko ("Defendants") appeal a Circuit Court order dismissing Defendants' appeal of a General Sessions Court interlocutory order dated September 21, 2010. U.S. Bank National Association, as trustee ("Plaintiff") raises an issue on appeal with regard to the Circuit Court vacating the General Sessions Court's September 21, 2010 order. We find and hold that the Circuit Court lacked jurisdiction to hear an interlocutory appeal of a...
OPINION J. STEVEN STAFFORD, JUDGE. This is an appeal from an administrative decision against Appellant, a licensed veterinarian. Appellee Board of Veterinary Medical Examiners sanctioned Appellant for improperly prescribing medications to farms. Appellant appeals. Discerning no error, we affirm. I. Background Petitioner/Appellant Kevin Cox, D.V.M. (Dr. Cox) is a large animal veterinarian licensed to practice in Tennessee. Respondent/Appellee, the Board of Veterinary Medical Examiners ("the...
MEMORANDUM OPINION 1 PER CURIAM. Appellant failed to timely file his Notice of Appeal. Thus, we dismiss this appeal for lack of jurisdiction. On July 15, 2011, Appellee Genetic Profiles Corporation filed a motion requesting that the Court dismiss this appeal for the failure of Appellant Kenneth E. Diggs to timely file the Notice of Appeal. Appellant filed a response to the motion on July 25, 2011. By Order entered on August 1, 2011, the Court determined that, because the appellate record in...
OPINION D. MICHAEL SWINEY, JUDGE. Janet S. ("Grandmother"), maternal grandmother and custodian of the minor child Natalie R. C. ("the Child"), filed a petition to terminate the parental rights of Kenneth C. ("Father") in the Juvenile Court for Blount County ("the Juvenile Court"). Christy S. ("Mother"), the Child's mother, is deceased. The Juvenile Court terminated Father's parental rights on the grounds of failure to pay child support and failure to visit the Child. Father appeals, arguing,...
