TN Court of Appeals

BILLY BUTLER, ET AL. v. MALVIN CARVIN PITTS, JR., ET AL. v. MARILYN JAMES MORRIS, ET AL.

This is an easement case. Appellants, the servient land owners, appeal the trial court‟s grant of summary judgment in favor of the Appellees, the former owners of both the dominant and servient tracts of land. Based on the fact that the disputed easement was recorded prior to the sale to the Appellants, the trial court determined that there was no dispute as to any material fact and that Appellees were entitled to summary judgment as a matter of law. We affirm in part, reverse in part, and remand for further proceedings in accordance with this opinion.

Attorney 1: 

James S. Haywood, Jr., Brownsville, Tennessee, for the appellants, Malvin Carvin Pitts, Jr., Malvin Carvin Pitts, III, and Marcia Lee Pitts.

Attorney 2: 

Joshua B. Shearon, Brownsville, Tennessee, for the appellees, Marilyn James Morris, Ewell E. James, and William B. James.

Judge: 
ARMSTRONG

DAVID C. JAYNE v. BASS ANNIE COSMETIC BOAT REPAIR

Because the order appealed is not a final judgment, we must dismiss this appeal for lack of jurisdiction.

Attorney 1: 

Scott A. Kramer, Memphis, Tennessee, for the appellant, David C. Jayne.

Attorney 2: 

Sarah Johnson Carter, Memphis, Tennessee, for the appellee, Bass Annie Cosmetic Boat Repair.

Judge: 
GOLDIN

BRENDA OSUNDE, ET AL. v. DELTA MEDICAL CENTER

Correction filed today. Original opinion filed Feb. 10, 2016.

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

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

CHARLES E. WEBSTER, ET UX. V. THE ESTATE OF P.H. DORRIS, ET AL

Plaintiffs purchased a home from two of the Defendants; one defendant was the contractor whose construction company built the home and the other was his wife, who had marketed the home for sale. Before and after the closing, Plaintiffs identified several defects which they desired to have corrected; some defects were remedied while others were not.

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Attorney 1: 

W. Timothy Harvey, Clarksville, Tennessee, for the appellants, Charles E. Webster and Keiko S. Webster.

Attorney 2: 

Joe R. Johnson, Springfield, Tennessee, for the appellees, Nancy M. Dorris, Estate of Phillip Hall Dorris, and P.H. Dorris Construction, LLC.

Judge: 
DINKINS

NANCY M. HOUSTON v. ROCKY J. HOUSTON

This appeal arises out of a divorce case. Due to the deficiencies in Defendant’s brief on appeal, we conclude that he waived any consideration of any issues on appeal. The appeal is dismissed.

Attorney 1: 

Rocky J. Houston, Ashland, Kentucky, Pro se.

Attorney 2: 

Sharon L. Reynolds, Kingston, Tennessee, for the appellee, Nancy M. Houston

Judge: 
GIBSON

TENNESSEE FARMERS MUTUAL INSURANCE COMPANY v. SHAUN DUNLAP ET AL.

This case presents a question regarding insurance coverage under liability and umbrella policies issued by plaintiff Tennessee Farmers Mutual Insurance Company to Jerry Dale Robertson and Sherry Ann Robertson. In July 2012, the Robertsons’ house sitter and close family friend, Shaun Dunlap, used Dale Robertson’s 2011 Ford Ranger pickup truck (the insured vehicle), on a personal errand to pick up a friend. On the return trip, the insured vehicle crossed the center line of the road, causing a head-on collision that killed three members of the Dembla family.

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Attorney 1: 

Robert E. Pryor, Jr., Knoxville, Tennessee, for appellant, Kanika Dembla.

Attorney 2: 

Jon M. Cope, Knoxville, Tennessee, for appellee, Tennessee Farmers Mutual Insurance Company.

Judge: 
SUSANO