TN Court of Appeals

BRENDA OSUNDE, ET AL. v. DELTA MEDICAL CENTER

This interlocutory appeal concerns the trial court‟s partial dismissal of a case concerning alleged negligence committed against Plaintiff/Appellee Brenda Osunde (“Mrs. Osunde”). Mrs. Osunde filed a complaint in the trial court alleging a medical malpractice claim against DMC-Memphis, Inc. (“DMC”), as well as a claim for common law negligence, after she sustained a fall while at DMC‟s hospital, Delta Medical Center. When Mrs. Osunde failed to disclose any experts pursuant to the trial court‟s scheduling order, DMC moved for summary judgment.

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Attorney 1: 

Jonathan T. Martin, Joshua A. Hillis, and Taylor B. Davidson, Memphis, Tennessee, for the appellant, DMC-Memphis, Inc. d/b/a Delta Medical Center.

Attorney 2: 

Les Jones and Charles Silvestri Higgins, Memphis, Tennessee, for the appellees, Brenda Osunde and Samuel Osunde.

Judge: 
GOLDIN

DAVID HUGHES v. MERIDIAN PROPERTY MANAGEMENT LLC

Appellant rented property managed by Appellee. Appellee filed a forcible entry and detainer action in the Shelby County General Sessions Court and was awarded possession of the rental property and past due rents. Appellant did not appeal this judgment. Rather, Appellant filed a separate civil warrant in general sessions court, seeking to be restored to possession of the property.

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Attorney 1: 

David Hughes, Memphis, Tennessee, appellant, pro se.

Attorney 2: 

David Mendelson and Jan Lentz, Memphis, Tennessee, for the appellee, Meridian Property Management, LLC.

Judge: 
ARMSTRONG

WILLIAM GOETZ v. DONEL AUTIN, ET AL.

This is an appeal from the trial court‘s grant of a Tennessee Rule of Civil Procedure 12.02(6) motion to dismiss. In the proceedings below, the plaintiff filed an amended complaint alleging that false and defamatory statements made about him by the defendants, along with the defendants‘ subsequent lawsuit against him, caused him to suffer severe physical and emotional distress and incur $150,000 in attorney‘s fees. The trial court dismissed the amended complaint after determining that it fails to state a claim upon which relief could be granted.

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Attorney 1: 

Larry Parrish, Memphis, Tennessee, for the appellant, William Goetz.

Attorney 2: 

J. Lewis Wardlaw, Memphis, Tennessee, for the appellees, Donel Autin and Dana Autin.

Judge: 
GOLDIN

STATE EX REL. MARIA BROWN V. ANDREW BROWN

Mother filed a post-divorce petition seeking an increase in child support. Father opposed the petition, insisting that Mother was voluntarily underemployed. The trial court found that there was a significant variance between the current obligation and the obligation set by the Tennessee Child Support Guidelines. The trial court further found that Mother was not voluntarily underemployed and ordered an increase in Father's child support obligation. Father appealed. Because the evidence does not preponderate against the trial court's finding that Mother is not voluntarily underemployed, we affirm.

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Attorney 1: 

Misty D. Parks, Spring Hill, Tennessee, for the appellant, Andrew Brown.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; Rebekah A. Baker, Senior Counsel, Nashville, Tennessee, for the appellee, State of Tennessee ex rel. Maria Brown.

Judge: 
CLEMENT

BRETT PATTERSON v. STATE OF TENNESSEE

The State of Tennessee (“the State”) appeals the decision of the Tennessee Claims Commission (“the Claims Commission”) awarding Brett Patterson (“Patterson”) $439.10 for arts-and-crafts supplies that Patterson was required either to mail out of the prison or donate pursuant to a policy of the Turney Center Industrial Complex (“Turney Center”) where Patterson is an inmate. We find and hold that the Claims Commission does not have jurisdiction over intentional torts, and as no negligence was alleged or shown, the Claims Commission lacked jurisdiction over this case.

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Attorney 1: 

Herbert H. Slatery, III, Attorney General and Reporter; Andrée S. Blumstein, Solicitor General; and Eric A. Fuller, Assistant Attorney General, for the appellant, the State of Tennessee.

Attorney 2: 

Brett Patterson, Only, Tennessee, pro se appellee.

Judge: 
SWINEY

REGINA K. DEAL V. ROBERT C. TATUM

At issue is the ownership of real property. Plaintiff and Defendant divorced in 2001. In February 2005, they purchased a home as “tenants in common with right of survivorship.” Seven months later, in September 2005, Defendant transferred his interest in the property to Plaintiff by quitclaim deed. In March 2009, Plaintiff quitclaimed her interest in the property to Defendant. Neither quitclaim deed was recorded until a dispute arose in September 2014 following which Plaintiff commenced this action to set aside the 2009 quitclaim deed based on fraud.

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Attorney 1: 

Irene R. Haude, Nashville, Tennessee, for the appellant, Robert C. Tatum.

Attorney 2: 
Kirk Vandivort and Andrew E. Ellis, Dickson, Tennessee, for the appellee, Regina K. Deal.
Judge: 
CLEMENT

RENEE PEMBROKE (COOLEY) v. CHRISTOPHER EUGENE COOLEY

This appeal concerns a post-divorce modification of alimony. During the underlying divorce proceedings, the parties executed a marital dissolution agreement providing that the husband would make payments to the wife of $8,000 per month in transitional alimony for a period of five years followed by payments of $7,500 per month in alimony in futuro for a period of five years.

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Attorney 1: 

Leslie Gattas Coleman and Brent A. Rose, Memphis, Tennessee, for the appellant, Christopher Eugene Cooley.

Attorney 2: 

Lara E. Butler, Memphis, Tennessee, for the appellee, Renee Pembroke (Cooley).

Judge: 
GOLDIN

IN RE ESTATE OF MARIE ANDERSON YOUNG

The trial court denied a personal representative‟s fee request after concluding that the request did not comply with a local rule setting a personal representative‟s fee as a percentage of the value of the estate. We reverse and remand for the trial court to reconsider Appellant‟s fee request “in light of all the relevant circumstances.” In re Estate of Schorn, No. E2013- 02245-COA-R3-CV, 2015 WL 1778292, at *8 (Tenn. Ct. App. Apr. 17, 2015

Attorney 1: 

James Sampson Wilder, III, Dyersburg, Tennessee, for the appellant, Cathy Mumford Shelton.

Judge: 
STAFFORD

W & H LLC, ET AL. v. COMMUNITY BANK N.A. v. WILLIE NELSON

The trial court entered a final judgment confirming an arbitration award in favor of the appellee. Appellants appealed. Due to deficiencies in the appellants‟ brief to this Court, we conclude that they have waived their issues on appeal. The appeal is dismissed.

Attorney 1: 

Ted I. Jones, Memphis, Tennessee, for the appellants, Willie Nelson and W&H LLC.

Attorney 2: 

Robert F. Miller and Allison Kay Moody, Memphis, Tennessee, for the appellee, Community Bank, N.A.

Judge: 
STAFFORD

IN RE M.A.P. ET AL.

This is a termination of parental rights case. The Department of Children‟s Services (DCS) filed a petition to terminate the parental rights of A.C.P. (Mother) with respect to her three minor children, ages twenty-two months to six years at the time of trial. The trial court found clear and convincing evidence of grounds. The court found the same quantum of evidence supporting the conclusion that termination of Mother‟s rights is in the children‟s best interest.1 Mother appeals. As modified, we affirm the trial court‟s judgment.

Attorney 1: 

Daniel J. Cantwell, Kingsport, Tennessee, for the appellant, A.C.P.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter, and Jason I. Coleman, Assistant Attorney General, Nashville, Tennessee, for the appellee, Department of Children‟s Services.

Judge: 
SUSANO