OPINION BRANDON O. GIBSON , J. This is the second appeal before this Court involving the minor child at issue. In 2010, the child's mother sought assistance in caring for the child after she lost her job. She signed a power of attorney and authorization of temporary guardianship stating that the child would reside with another couple for approximately six months. During that period, the couple filed a petition alleging that the child was dependent and neglected and seeking temporary...
OPINION KENNY ARMSTRONG , J. This case is before us on remand from the Tennessee Supreme Court. Appellee/Employee filed suit against Appellant/Employer for discrimination. Appellee later filed a separate suit for retaliation and malicious harassment. The two lawsuits were consolidated in the trial court. The case was tried to a jury, which returned a verdict in favor of Appellant on the retaliation claim. The jury awarded Appellant $3,000,000 in compensatory damages. In Ferguson v....
MEMORANDUM OPINION 1 RICHARD H. DINKINS, J. Defendant appeals a judgment holding that he ran a stop sign, contending that the court did not have subject matter or in personam jurisdiction over the matter, and that the Metropolitan Government of Nashville and Davidson County lacked standing to bring the action. We affirm the decision of the trial court. I. FACTUAL AND PROCEDURAL BACKGROUND On February 28, 2013, Robert W. Donaldson, Jr., was stopped for allegedly failing to stop at a stop...
OPINION W. NEAL McBRAYER, J. Patient brought a health care liability action against his eye surgeon, alleging that the surgeon's negligence in performing a LASIK procedure resulted in several eye injuries. The trial court granted a directed verdict for the surgeon, finding the patient failed to present evidence establishing the standard of care and causation. Because we find the evidence was sufficient to create an issue for the jury, we reverse and remand to the trial court. I. FACTUAL AND...
OPINION ANDY D. BENNETT, Judge. This case arises out of an investigation by the Memphis police department of a business suspected of selling illegal inhalants. The business owner was arrested and charged with the criminal sale of inhalants. The police seized bank accounts belonging to the owner and two corporations related to the business and instituted forfeiture proceedings regarding the funds in those accounts. The bank account owner and the two corporations filed suit against the city and...
OPINION CHARLES D. SUSANO, Jr., C.J. At an earlier time, in 2011, Betty Graham had filed a lawsuit arising out of a failed real estate transaction against (1) her real estate agent, Ginny Hall; (2) Crye-Leike Realty Corporation; (3) S&J Southeast Investments, LLC, the potential buyer of her condominium with whom she had unsuccessfully negotiated a contract; and (4) attorney Ellie Hill, her trial court appointed guardian ad litem. The trial court granted the defendants' Rule 12.02(6) motions...
OPINION JOHN W. McCLARTY, J. This is a breach of contract and promissory estoppel action in which Plaintiff filed suit against Defendant for failure to fulfill an oral modification of leases for several pieces of earthmoving equipment. Defendant denied wrongdoing and filed a motion for summary judgment. The trial court granted the motion, in part, and dismissed the promissory estoppel claim. The case proceeded to a jury trial on the breach of contract claim, but the jury failed to render a...
OPINION KENNY ARMSTRONG, J. This is a termination of parental rights case brought by the Tennessee Department of Children's Services. The trial court terminated the parental rights of both parents on the grounds of severe child abuse and wanton disregard for the welfare of the child. Parents appeal. There is clear and convincing evidence to support the grounds of wanton disregard with respect to both parents and severe child abuse with regard to the father. However, we do not find that there...
OPINION W. NEAL McBRAYER, J. This case involves post-divorce litigation over child support and residential parenting time. In connection with a petition for a decrease in child support, the parties found themselves in a discovery dispute, which resulted in the trial court awarding Mother $10,000 in attorney's fees. Later, as a result of his move out of state, Father filed a motion to modify the parties' permanent parenting plan. When Father decided not to pursue his motion to modify, Mother...
MEMORANDUM OPINION 1 ARNOLD B. GOLDIN, J. Defendants appeal a jury award in favor of Plaintiff. Finding material evidence to support the verdict, we affirm. This appeal arises from a jury verdict in favor of Plaintiff in the amount of $1,000,000.00. In January 2009, Melvin Barnes ("Mr. Barnes") filed a complaint for damages in the Circuit Court for Shelby County. In his complaint as amended in August 2013, Mr. Barnes alleged that, on January 10, 2008, he was located on the shoulder of the...
MEMORANDUM OPINION 1 ARNOLD B. GOLDIN, J. Mother appeals the trial court's denial of her petition for contempt and for child support arrearages in this post-divorce action. We reverse in part, vacate in part, and remand for further proceedings. This is a post-divorce action. The current appeal arises from an action for civil contempt for the failure to pay child support as provided by the final decree of divorce and marital dissolution agreement ("MDA") incorporated therein. The facts...
MEMORANDUM OPINION 1 KENNY ARMSTRONG, J. This is a personal injury case. Appellant slipped and fell in a puddle of water while on Appellee's premises. Appellant's attorney filed her complaint one day after the statute of limitations had run on her claim. Appellee filed a motion for summary judgment, arguing that Appellant's suit was time-barred. The trial court granted summary judgment in favor of Appellee. Appellant appeals, arguing that the discovery rule tolled the statute of limitations...
OPINION BRANDON O. GIBSON, J. This is an appeal from a probate court order denying an Estate's request to enter a writ of scire facias to show cause why a bank acting as trustee of certain funds should not be divested of those funds. The probate court determined in a prior case that the Estate's claim to the funds was barred by res judicata. The court of appeals affirmed the probate court's order and remanded the case for the sole purpose of resolving issues related to an award of attorney'...
OPINION KENNY ARMSTRONG, Judge. This is the second appeal of this case involving enforcement of an oral loan agreement. Appellant appeals the judgment entered against her. Because the appellate record contains no transcript or statement of the evidence pursuant to Tennessee Rule of Appellate Procedure 24, we conclude that the findings made by the trial court in support of its conclusions of law were based upon sufficient evidence. Affirmed and remanded. I. Background This is the second...
OPINION KENNY ARMSTRONG, J. This is a divorce case in which Appellant/Wife appeals the trial court's denial of her request for alimony and reimbursement of her medical bills. Discerning no error, we affirm and remand. I. Background This case arises from the dissolution of a four-year marriage. The parties, Robert Greer Morris ("Appellee") and Patti Deakins Morris ("Appellant") were married in May 2008. Mr. Morris filed for divorce in October 2012. At the time of the trial, he was 70 years...
FRANK G. CLEMENT, Jr., P.J. Mother appeals the termination of her parental rights contending the evidence was insufficient to prove any ground or that it was in the child's best interest to terminate her parental rights. The trial court found that the petitioners, the father and step-mother, proved two grounds of abandonment, failure to support and failure to visit the child, pursuant to Tenn. Code Ann. 36-1-102(1)(A)(i), and that termination of Mother's rights was in the best interest of...
OPINION JOHN W. McCLARTY, J. This appeal involves several claims relating to the sale and refinancing of Plaintiff's two properties. When Plaintiff defaulted on the mortgages, Mortgage Menders, LLC offered to purchase the properties, fulfill the mortgage indebtedness, refurbish the properties for resale, and remit half of the profits when the properties sold. Mortgage Menders, LLC borrowed money from Defendant Hazlewood to accomplish the terms of the agreement. Defendant Hazlewood also served...
OPINION KENNY ARMSTRONG , J. , delivered the opinion of the Court, in which J. STEVEN STAFFORD, P.J., W.S., and THOMAS R. FRIERSON, II, J., joined. This is a health care liability action, arising from the death of Decedent, David Hamilton. Decedent's surviving spouse, Donna Hamilton (Appellant), filed this action against Appellees, Abercrombie Radiological Consultants, Inc. and Dr. Donna K. Culhane. Appellees moved to dismiss the action for failure to comply with the notice requirement of...
OPINION CHARLES D. SUSANO, Jr., Chief Judge. Phyllis Louise Bige, a former police officer with the City of Etowah, brought this retaliatory discharge action against the City, alleging that she was fired because of her failure to meet a quota for citations. Her claim was predicated on Tenn. Code Ann 39-16-516 (2014). The trial court granted defendant summary judgment, finding that an earlier judgment of the United States District Court dismissing plaintiff's federal claims — including a...
OPINION KENNY ARMSTRONG, J. This is a conservatorship case. Appellant, the only child of Appellee, sought a conservatorship over Appellee after Appellee suffered a stroke. Appellee filed a Tennessee Rule of Civil Procedure 12.02(6) motion to dismiss the petition. The trial court, in its memorandum opinion, denied the Appellee's motion to dismiss, finding Appellant's petition to appoint a conservator "legally sufficient." In that same opinion, the trial court considered matters outside the...
