OPINION CHARLES D. SUSANO, Jr. , Judge . This case involves an alleged intentional or negligent misrepresentation made in connection with the sale of a residence. Shortly after purchasing their home from sellers Edward M. Forester and Alisa S. Forester, buyers Josh Holland and Angie Holland discovered that the subfloor of the house was saturated and ruined by pet urine. The buyers sued the sellers in general sessions court. That court found that the sellers intentionally misrepresented the...
MEMORANDUM OPINION 1 PER CURIAM Because the order appealed is not a final judgment, we must dismiss this appeal for lack of jurisdiction. Rule 3 of the Tennessee Rules of Appellate Procedure provides that if multiple parties or multiple claims are involved in an action, any order that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties is not final or appealable. Except where otherwise provided, this Court only has subject matter jurisdiction...
MEMORANDUM OPINION 1 ANDY D. BENNETT , J. A man convicted of aggravated assault filed suit for malicious prosecution against the other three persons involved in the altercation that led to his conviction. The trial court determined that the statute of limitations had run on the malicious prosecution claim. We affirm on a different ground: the plaintiff has no claim for malicious prosecution because the aggravated assault case has not been terminated in his favor. FACTUAL AND PROCEDURAL...
OPINION RICHARD H. DINKINS , J. This appeal arises out of an action brought by a newspaper seeking access to application materials in the possession of a nonprofit professional association that was assisting the City of Memphis in recruiting candidates for its Director of Police. The trial court concluded that the records held by the association were subject to disclosure under the Tennessee Public Records Act because the association acted as the functional equivalent of the City and...
OPINION ARNOLD B. GOLDIN , J. The Plaintiffs' home was sold at foreclosure in May 2011. By way of a suit filed in the Shelby County Chancery Court, the Plaintiffs sought rescission of the foreclosure sale and asserted claims for breach of contract, violation of the covenant of good faith and fair dealing, violation of the Tennessee Consumer Protection Act, promissory estoppel, and negligent misrepresentation. The trial court dismissed these claims following the filing of a motion for...
OPINION RICHARD H. DINKINS , J. The owner of a truck was charged with driving on a revoked license, and the Tennessee Department of Safety and Homeland Security initiated a proceeding to forfeit the truck. An administrative hearing was held, which resulted in an order that the truck be forfeited. The owner sought review of the forfeiture in Chancery Court pursuant to the Administrative Procedures Act, and the court affirmed the forfeiture. Finding that the seizure of the truck constituted...
OPINION RICHARD H. DINKINS , J. A property owner who wished to construct and operate a quarry sought a declaratory judgment that a Sumner County Zoning Resolution, which was alleged to exclude quarrying and mining activities, is unconstitutional and in violation of the Tennessee zoning enabling statutes. A group of adjoining property owners were permitted to intervene in the proceeding, and the court granted summary judgment to the county and adjoining property owners. The property owner...
OPINION KENNY ARMSTRONG , J. This is a teacher tenure case. Appellant, a tenured teacher employed by Appellee Shelby County Board of Education, was fired for insubordination and conduct unbecoming. Appellant appealed the Shelby County School Board's decision to the Chancery Court for Shelby County. In a post-trial motion, Appellee petitioned the court to consider an email notification of the board's decision that was sent to Appellant's attorney. Specifically, Appellee argued that the...
OPINION ANDY D. BENNETT , J. In this drug forfeiture case, we have concluded that the trial court lacked subject matter jurisdiction because the property owner failed to filed a petition for judicial review within the sixty-day time period required under Tenn. Code Ann. 4-5-322(b). We, therefore, vacate the trial court's decision. FACTUAL AND PROCEDURAL BACKGROUND On May 22, 2014, Clarksville police officers executed a search warrant at 3733 Harvest Ridge in Clarksville, Tennessee...
OPINION Brandon O. Gibson , J. , delivered the opinion of the court, in which J. Steven Stafford, P.J., W.S., and W. Neal McBrayer, J., joined. This case arises out of a workplace injury. The injured worker and her husband filed this lawsuit asserting various causes of action against numerous defendants. The trial court dismissed one of the defendants upon finding that the defendant was entitled to workers' compensation immunity. The trial court certified its order of dismissal as final...
