TN Court of Appeals

ALLSTATE INSURANCE COMPANY v. KAIGLER & ASSOCIATES, INC.

Declaratory judgment action in which an insurance company seeks a determination of its coverage obligations arising out of a business insurance policy it issued relative to a class action suit brought against the insured for sending unsolicited faxes in violation of the Telephone Consumer Protection Act (“TCPA”).

read more »
Attorney 1: 

David L. Cooper, Nashville, Tennessee, for the appellant, Kaigler & Associates, Inc.

Attorney 2: 

Jay R. McLemore, Franklin, Tennessee; Michael Resis and Christine V. Anto, Chicago, Illinois, for the appellee, Allstate Insurance Company.

Judge: 
DINKINS

GREGORY WHITE, ET AL. v. JACK MILLER, ET AL.

Sellers of home and their listing agent brought suit against a real estate brokerage firm and an agent employed by the firm to recover for alleged violations of the Tennessee Consumer Protection Act and Real Estate Broker License Act, undisclosed dual agency, and breach of fiduciary duty, arising from the sale of plaintiffs’ home. The brokerage firm agent procured a contract whereby the sellers agreed to purchase the buyers’ home, with the purchase price for the buyers’ home to be treated as a credit on the purchase price of the sellers’ home.

read more »
Attorney 1: 

Teresa Reall Ricks and Laura Adams Hight, Nashville, Tennessee, for the appellants, Jack Miller and Bob Parks Realty, LLC.

Attorney 2: 

Thomas B. Luck, Nashville, Tennessee, for the appellees, Gregory White, Robin White, and Carole Palmer.

Judge: 
DINKINS

KEVIN TATE v. TENNESSEE DEPARTMENT OF CORRECTION

Kevin Tate was convicted of a first degree murder that took place on March 22, 1993. On November 22, 1995, he was sentenced to life in prison. In the current litigation, he filed a petition for declaratory judgment asking the trial court to review his release eligibility date as calculated by the Tennessee Department of Correction (TDOC). Petitioner claimed that TDOC incorrectly calculated his release eligibility date, and, in doing so, violated his rights under the ex post facto provisions of the state and federal constitutions.

read more »
Attorney 1: 

Kevin Tate, Mountain City, Tennessee, appellant, pro se.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter, Andrée S. Blumstein, Solicitor General, and Jennifer L. Brenner, Senior Counsel, Office of the Attorney General Civil Rights and Claims Division, Nashville, Tennessee, for the appellee, Tennessee Department of Correction.

Judge: 
SUSANO

IN RE DOMINGO C.L.

Obispo C.L. (“the Minor’s Uncle”) appeals the determination of the Chancery Court for Rutherford County (“the Trial Court”) finding that it lacked jurisdiction to make a finding regarding whether it is in the best interest of Domingo C.L. (“the Minor”) to be returned to his home country of Guatemala. We find and hold that the Trial Court had jurisdiction to make this finding, that the petition specifically requested a finding with regard to this issue, and that it was error to refuse to make a finding with regard to whether it was in the Minor’s best interest to be returned to Guatemala.

read more »
Attorney 1: 

Sally M. Joyner, Memphis, Tennessee, for the appellant, Obispo C.L.

Judge: 
SWINEY

LISA MARIE KROGMAN v. BOB GOODALL, ET AL.

In this appeal, the plaintiff sued her former real estate agent and his real estate company for malpractice and negligence in the attempted sale of her home.

read more »
Attorney 1: 

Christopher K. Thompson, Nashville, Tennessee, for the appellant, Lisa Marie Krogman.

Attorney 2: 

Robert M. Burns and Brooke McLeod Coplon, Nashville, Tennessee, for the appellees, Bob Goodall and Haven Real Estate, LLC.

Judge: 
MCCLARTY

WANDA KATZ v. THE SPORTS AUTHORITY OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TN, ET AL.

With dissenting opinion by CLEMENT.

Plaintiff sued the owner and the operator of a public venue after slipping on liquid on the floor and injuring herself. Defendants moved for summary judgment. In granting summary judgment, the trial court concluded, based upon the undisputed facts, that defendants did not have actual or constructive notice of the liquid on the floor.

read more »
Attorney 1: 

David L. Cooper, Nashville, Tennessee, for the appellant, Wanda Katz.

Attorney 2: 

J. Michael Clemons, Nashville, Tennessee, for the appellees, Sports Authority of the Metropolitan Government of Nashville & Davidson County, TN, and Powers Management, LLC.

DAVID CHASE v. CHRIS STEWART, ET AL.

Appellants sought disqualification of the trial court judge pursuant to Tennessee Supreme court Rule 10B based primarily on an order entered by the trial court in March 2016. Because Appellants waited approximately one year to seek disqualification of the trial court judge, they have waived their rights under Rule 10B.

Attorney 1: 

Brian D. Cummings and Brian Manookian, Nashville, Tennessee, for the appellants, Chris Stewart, Emily Stewart, Jason Ritzen, Susan Martin, Lino Lovrenovic, and Clayton McKenzie.

Attorney 2: 

Gayle I. Malone, Jr., Charles Ingram Malone and Gibeault Cooper Creson, Nashville, Tennessee, for the appellees, Dean Chase, Sandra Chase, and D. F. Chase, Inc.

Marcus M. Crider and Heath H. Edwards, Nashville, Tennessee, for the Non-Parties, CK Global, LLC and NV Music Row, LLC.

Robert F. Parsley and Michael J. Dumitru, Chattanooga, Tennessee, for the Appellee, Andy Cho.

James Douglas Kay, Jr. and John B. Enkema, and Michael A. Johnson, Nashville, Tennessee, for the Appellee, Glenn Richard Funk.

Philip L. Robertson and Brittany Michelle Speight Bartkowiak, Franklin, Tennessee, for the appellee, David Chase.

Paul R. McAdoo, Nashville, Tennessee, for the Intervenor, Meredith Corporation.

Judge: 
GIBSON

MARY WAGONER-ANGELIN v. RANDALL JON ANGELIN

This appeal concerns post-divorce matters pertaining to a marital dissolution agreement (“the MDA”) and a parenting plan. Mary Wagoner-Angelin (“Mother”) filed a petition seeking modification of the parenting plan against ex-husband Randall Jon Angelin (“Father”) in the Circuit Court for Hamilton County (“the Trial Court”). Father filed an answer and counterclaim challenging the alimony provision in the MDA. Mother later amended her petition to include allegations of civil contempt for Husband’s alleged failures to abide by the MDA and parenting plan.

read more »
Attorney 1: 

William H. Horton, Chattanooga, Tennessee, for the appellant, Randall Jon Angelin.

Attorney 2: 

Jennifer H. Lawrence and David H. Lawrence, Chattanooga, Tennessee, for the appellee, Mary Wagoner-Angelin.

Judge: 
SWINEY

DENNIS DOWNS D/B/A KNOXVILLE LIFESTYLE v. STEVE HALL D/B/A GREATER TENNESSEE FLOORING

After the trial court entered a final judgment awarding plaintiff damages and attorney’s fees, defendant filed a timely motion requesting additional findings of fact and conclusions of law. The trial court then entered a second judgment incorporating the requested findings of fact and conclusions of law. After entry of the second judgment, plaintiff filed a motion for an award of additional attorney’s fees, which the trial court treated as a motion to alter or amend.

read more »
Attorney 1: 

Billy J. Stokes, Knoxville, Tennessee, for the appellant, Steve Hall.

Attorney 2: 

Thomas M. Leveille, Knoxville, Tennessee, for the appellee, Dennis Downs.

Judge: 
MCBRAYER

JANE DOE, ET AL. v. P.F. CHANG’S CHINA BISTRO INC., ET AL.

This interlocutory appeal arises out of a tort action brought by a restaurant manager against her employer for injuries she received during the course of a robbery and rape by a cook at the restaurant where both were employed. The employer moved for summary judgment, contending that the workers’ compensation law provided the exclusive remedy for the employee. The trial court denied the motion, holding that the injuries the employee sustained did not arise out of the employment. Upon review, we affirm the denial of summary judgment and remand the case for further proceedings.

Attorney 1: 

Glen G. Reid, Jr. and Kathryn K. Van Namen, Memphis, Tennessee, for the appellant, P.F. Chang’s China Bistro, Inc.

Attorney 2: 

Gary K. Smith and Karen M. Campbell, Memphis, Tennessee, for the appellees, Jane Doe and John Doe.

Judge: 
DINKINS