MEMORANDUM OPINION 1 PER CURIAM This is an appeal from a decision of the Tennessee Claims Commission dismissing a claim filed by James Ferrell alleging that his pickup truck was unlawfully taken from him. The State of Tennessee has filed a motion to dismiss the appeal for failure to file a timely notice of appeal. Claims Commissioner Hibbett entered an order dismissing Mr. Ferrell's claim on September 24, 2012. Mr. Ferrell filed a Motion to Reconsider that was denied on November 21, 2012. On...
MEMORANDUM OPINION 1 DAVID R. FARMER, Judge. This is an action for breach of contract to purchase real property. The trial court found that a valid contract existed between the parties and that Buyer breached the contract. The trial court found that Seller failed to prove general damages, however, where Seller failed to prove the fair market value of the real property at the time of breach. The trial court further found that Buyer was entitled to a credit against special damages proven by...
MEMORANDUM OPINION 1 DAVID R. FARMER, Judge. The orders of the trial court were designated as final pursuant to Rule 54.02 of the Tennessee Rules of Appellate Procedure. Because we find that certification of the judgment under Rule 54.02 was in error, we dismiss the appeal for lack of appellate jurisdiction. Background On June 13, 2005, fire damaged a building owned by Artist Building Partners and Howard Caughron (collectively as "Plaintiffs"). 2 The building was insured by Auto-Owners...
MEMORANDUM OPINION 1 DAVID R. FARMER, J. The trial court awarded summary judgment to Defendants, insurance company and its agent, on Plaintiffs' claims for negligence on the basis of duty. We dismiss for failure to appeal a final judgment. This lawsuit was precipitated by a 2008 automobile accident in which the minor son of Steven Barrick (Mr. Barrick) and Janice Barrick (Ms. Barrick; collectively, "the Barricks") crossed the center road line while operating Mr. Barrick's Nissan Maxima and...
OPINION RICHARD H. DINKINS, J. Shortly after the mother of four children was killed in an accident, her husband instituted an action to recover damages for her death; the father of the children moved to intervene in the action and for the court to hold a hearing on whether the husband had abandoned the mother, thereby waiving his right as surviving spouse to participate in the wrongful death action. The trial court did not hold a hearing; rather, it held that the husband was the proper party...
OPINION FRANK G. CLEMENT, Jr., J. Divorce action in which Mother raises numerous issues, including the designation of Father as the primary residential parent, the parenting plan in which Mother's parenting time was limited to 120 days a year, child support, and the classification and division of marital property. Mother also challenges the trial court's decisions to admit the testimony of two witnesses and to exclude the testimony of two other witnesses. We have concluded that the trial...
OPINION FRANK G. CLEMENT, Jr., J. This is a direct appeal by newly incorporated Berry's Chapel Utility, Inc., from a declaratory order by the Tennessee Regulatory Authority. The dispute hinges on whether the TRA had jurisdiction over Berry's Chapel pursuant to Tennessee Code Annotated 65-4-101(6)(E) (2010). The TRA held that Berry's Chapel was a public utility as defined in Tennessee Code Annotated 65-4-101(6)(E) (2010), thus, it was subject to the jurisdiction of the TRA. Berry's Chapel...
OPINION ALAN E. HIGHERS, P.J. W.S. Father's individual retirement accounts ("IRAs") were garnished to satisfy an award of attorney's fees, and he filed a motion to quash the garnishment, claiming that the accounts were exempt from garnishment under Tennessee law. In a previous appeal, this Court concluded that the IRAs were exempt property, and we reversed the trial court's order dismissing Father's motion to quash the garnishment. On remand, the trial court vacated its previous order but...
OPINION HOLLY M. KIRBY, Judge. This appeal involves jurisdiction over a divorce case. The parties lived in Maryland throughout their 19-year marriage. In 2007 or 2008, the husband left the marital home in Maryland. Several months later, he moved to Tennessee. About one year after he moved to Tennessee, the husband filed this complaint for divorce in the trial court below. The wife filed an answer and a counterclaim for divorce. The trial court conducted the first day of trial in the matter,...
OPINION CHARLES D. SUSANO, Jr., Judge. This is a termination of parental rights case focusing on two minor children, Holly B.C. (DOB: December 22, 2005) and Kylie M.C. (DOB: December 6, 2006) (collectively "the Children"). Defendants, Angela C. ("Mother") and Chad C. ("Father"), are the biological parents of the Children. The Children were taken into custody in September 2007, after the defendants left them with a church nursery worker for two weeks and did not return during that period. The...
OPINION DAVID R. FARMER, J. This appeal involves the transfer of a state prisoner's action based on improper venue. The prisoner was housed in a correctional facility located in Hardeman County, Tennessee. The correctional facility is operated by a private entity. Pursuant to Tennessee Code Annotated section 41-21-803, the Circuit Court of Davidson County transferred this action to Hardeman County, where the correctional facility is located. Discerning no error, we affirm. I. Background and...
MEMORANDUM OPINION 1 PATRICIA J. COTTRELL, P.J. Purchaser of condominium at delinquent tax sale sought excess funds remaining after taxes and court costs had been paid. Purchaser prepared a Quitclaim Deed that transferred Taxpayer's title and redemption rights in property to Purchaser. Purchaser next prepared a Deed of Correction that corrected the spelling of Taxpayer's name, but that also included a clause purporting to transfer to Purchaser Taxpayer's right to the excess funds. Purchaser...
OPINION HERSCHEL PICKENS FRANKS, P.J. In this action the defendants filed a Motion for Summary Judgment on the grounds the statute of limitation had run on plaintiff's cause of action. The Trial Court overruled the Motion on the grounds that the tolling provisions in Tenn. Code Ann. 29-20-201(c) was applicable to GTLA actions and granted permission to appeal pursuant to Tenn. R. App. P. 9. On appeal, we hold that the tolling provision does not apply because the statute did not expressly...
OPINION HERSCHEL P. FRANKS, P.J. This is a termination of parental rights case involving the biological father, David R. ("Father"), of the minor child, Leland C.L. The child was taken into custody on June 14, 2010, at two months of age, due to the biological mother's 1 drug use and the fact that he tested positive for opiates and hydrocodone at birth. The Department of Children's Services ("DCS") filed a Petition to Terminate Parental Rights naming the father as a respondent on January 7,...
OPINION HERSCHEL PICKENS FRANKS, P.J. In this action the defendants filed a Motion for Summary Judgment on the grounds the statute of limitation had run on plaintiff's cause of action. The Trial Court overruled the Motion on the grounds that the tolling provisions in Tenn. Code Ann. 29-20-201(c) was applicable to GTLA actions and granted permission to appeal pursuant to Tenn. R. App. P. 9. On appeal, we hold that the tolling provision does not apply because the statute did not expressly...
OPINION FRANK G. CLEMENT, Jr., Judge. The parties, owners of adjoining rural property in Hickman County who shared a single driveway that was used as access to their respective properties, filed competing pleadings to establish the common boundary line and to quiet title. On the day of trial, the parties announced their agreement to settle the dispute; the agreement was read in open court, counsel for both parties acknowledged their client's consent to the settlement as read, and a diagram of...
OPINION D. MICHAEL SWINEY, Judge. Sarah Hurst ("Hurst") sued Colman S. Hochman ("Hochman") and Hochman Family Partners, L.P. ("the Partnership") alleging that Hochman had committed a battery upon her, and seeking damages for battery and intentional infliction of emotional distress among other things. After a trial, the Trial Court entered its Final Decree that, inter alia, awarded Hurst damages of $2,500 against Hochman for battery; denied Hurst's claims for intentional infliction of...
OPINION D. MICHAEL SWINEY, Judge. This appeal in a writ of certiorari action arises from a dispute over the authority of a pension board. The City of Knoxville ("the City") filed a petition for writ of certiorari in the Chancery Court for Knox County ("the Trial Court") challenging an action by the City of Knoxville Pension Board ("the Pension Board"). The City alleged that the Pension Board exceeded its authority in allowing a number of employees ("the Respondents") to select a new...
OPINION HOLLY M. KIRBY, Judge. This appeal involves the termination of the parental rights of a mother and father as to their three children. The Tennessee Department of Children's Services became involved after it was reported that the father sexually abused the parties' older daughter. Initially, the children were permitted to stay in the mother's custody under a protection agreement and a restraining order which prohibited the father from any contact with the children. In violation of both,...
OPINION J. STEVEN STAFFORD, J. This is a libelous defamation case. Appellant, a public figure, filed suit against Appellees for publication and distribution of allegedly defamatory comments. The trial court granted summary judgment in favor of Appellees upon its finding that Appellees had negated the essential element of actual malice, and that Appellant had not met her burden to provide sufficient countervailing evidence so as to survive summary judgment. Discerning no error, we affirm. On...
