TN Court of Appeals

HCA HEALTH SERVICES OF TENNESSEE, INC., ET AL. v. BLUECROSS BLUESHIELD OF TENNESSEE, INC.

Interlocutory appeal in suit brought by healthcare corporations to recover costs for emergency medical services rendered to patients participating in Defendant‘s insurance plans.

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Attorney 1: 

Richard C. Rose, Robert F. Parsley, James T. Williams, Chattanooga, Tennessee, for the appellant, BlueCross BlueShield of Tennessee, Inc.

Attorney 2: 

David A. King and Kinika L. Young, Nashville, Tennessee, for the appellees, HCA Health Services of Tennessee, Inc., Hendersonville Hospital Corporation, Central Tennessee Hospital Corporation, and HTI Memorial Hospital Corporation.

Judge: 
DINKINS

VICTORIA HAYNES V. BENTON NED BASS, ET AL.

Ex-wife sued ex-husband, mortgage company, title company, and attorney alleging causes of action for fraud, negligent misrepresentation, promissory estoppel, breach of contract, negligence, and civil conspiracy. Pursuant to the terms of a postnuptial agreement, a residence purchased in Collierville, Tennessee was to be ex-wife's separate property. Ex-wife alleged that ex-husband failed to deed the property to her as agreed in the postnuptial agreement.

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Attorney 1: 

Daniel Frederick Burette Peel, Memphis, Tennessee, for the appellant, Victoria Haynes.

Attorney 2: 

Kevin D. Bernstein, Memphis, Tennessee, for appellee Benton Ned Bass.

Garry Kevin Grooms, Nashville, Tennessee, for appellee SunTrust Mortgage, Inc.

Melanie M. Stewart and John J. Bennett, Memphis, Tennessee, for appellees Michael Acree and Realty Title & Escrow Co., Inc.

Judge: 
BENNETT

JOYCE BRADLEY WATTS V. COLIN WADE WATTS

At issue is whether a trial court may award attorney’s fees that relate to a petition for criminal contempt when the contempt arises in the context of a child support proceeding. Mother filed a post-divorce petition asserting that Father was in criminal contempt for failing to satisfy his support obligations along with a petition seeking a judgment for child support arrearages and attorney’s fees. After an evidentiary hearing, the trial court found Father guilty of one count of criminal contempt and found that Mother was entitled to a judgment for the unpaid child support.

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Attorney 1: 

Jeffrey L. Levy, Nashville, Tennessee, for the appellant, Colin Wade Watts.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Andree S. Blumstein, Solicitor General; and Kathryn A. Baker, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee.

Judge: 
CLEMENT

RONNIE GORDON V. TRACTOR SUPPLY COMPANY

Plaintiff appeals the summary dismissal of his claims for malicious prosecution, false imprisonment, and negligent supervision. Plaintiff was arrested and subsequently indicted for two criminal offenses based on statements given to police by two of Defendant's employees at the Tractor Supply Company store in Lenoir City, Tennessee. When the criminal case went to trial, one of the charges was dismissed on the day of trial, and the jury found the defendant not guilty of the other charge. Thereafter, Plaintiff commenced this action asserting several claims.

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Attorney 1: 

Cyrus L. Booker, Brentwood, Tennessee, and Quenton I. White, Nashville, Tennessee for the appellant, Ronnie Gordon.

Attorney 2: 

Mark A. Baugh, Caldwell G. Collins, and Michael T. Schmitt, Nashville, Tennessee, for the appellee, Tractor Supply Company.

Judge: 
CLEMENT

JOHN HOWARD STORY, ET AL. v. NICHOLAS D. BUNSTEIN, ET AL.

This is a legal malpractice case. Appellees, who are licensed attorneys, represented Appellants in the underlying lender's liability lawsuit. Following dismissal of all defendants in the underlying litigation, Appellants' filed a complaint for legal malpractice against Appellees. The trial court dismissed the legal malpractice case, inter alia, on the ground that the one-year statute of limitations for legal malpractice claims had expired. Tenn. Code Ann. §28-3-104(c)(1). Affirmed and remanded.

Attorney 1: 

David A. Stuart, Clinton, Tennessee, for the appellants, John Howard Story, and Bruce Coffey.

Attorney 2: 

Darryl G. Lowe, Knoxville, Tennessee, for the appellees, Nicholas D. Bunstine, Brent R. Watson, and Jerrold Lance Becker.

Judge: 
ARMSTRONG

CRAIG L. BEENE v. DAN M. ALSOBROOKS

The petitioner sought a writ of mandamus to compel the district attorney general to furnish him with copies of records pertaining to his criminal case. The trial court dismissed the petition, finding that the district attorney general named in the petition had retired, that the statute did not require delivery of records to an incarcerated petitioner, and that the records had been provided in discovery and were no longer available to produce for inspection. The petitioner appeals. We affirm.

Attorney 1: 

Craig Beene, Whiteville, Tennessee, pro se.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; Andree S. Blumstein, Solicitor General; Dawn M. Jordan, Senior Deputy; and Mary M. Bers, Senior Counsel, Nashville, Tennessee, for the appellee, Dan M. Alsobrooks.

Judge: 
MCCLARTY

IN RE: ESTATE OF BRUCE CHAPMAN BOWER

This appeal arises over a dispute regarding the terms of a trust. Bruce Chapman Bower (“Decedent”) died having executed a trust (“the Trust”), the primary asset of which was a lake house. Decedent‟s son, Christopher R. Bower (“Successor Trustee”), served as Successor Trustee. Decedent‟s widow, Denise Bower (“Widow”), objected to the appointment of Successor Trustee, and the parties engaged in litigation over various terms of the Trust.

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Attorney 1: 

Richard T. Scrugham, Jr., Knoxville, Tennessee, and, Steven C. Compton, Nolensville, Tennessee, for the appellant, Christopher R. Bower, as Successor Trustee of the Bruce Chapman Bower and Lissa Leland Bower Revocable Living Trust Agreement.

Attorney 2: 

R. Alexander Johnson, Sevierville, Tennessee, for the appellee, Denise Bower.

Judge: 
SWINEY

STATE OF TENNESSEE v. CAROLYN TILLILIE

This is a Rule 3 appeal of an order requiring the Appellant to post security for the care of three horses. Appellant was charged with cruelty to horses and ordered to post security for the care of the horses pending the resolution of her criminal charges. Appellant appealed. We determine that this is a criminal matter and therefore dismiss this appeal for lack of subject matter jurisdiction.

Attorney 1: 

Charles Franklin Rye, Bartlett, Tennessee, for the appellant, Carolyn Tillilie.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter and James E. Gaylord, Senior Counsel, for the appellee, State of Tennessee.

Judge: 
GIBSON

STATE OF TENNESSEE v. CAROLYN TILLILIE

This is a Rule 3 appeal of an order requiring the Appellant to post security for the care of three horses. Appellant was charged with cruelty to horses and ordered to post security for the care of the horses pending the resolution of her criminal charges. Appellant appealed. We determine that this is a criminal matter and therefore dismiss this appeal for lack of subject matter jurisdiction.

Attorney 1: 

Charles Franklin Rye, Bartlett, Tennessee, for the appellant, Carolyn Tillilie.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter and James E. Gaylord, Senior Counsel, for the appellee, State of Tennessee.

Judge: 
GIBSON

IN RE: JAYVIEN O.

This appeal involves the termination of a mother‟s parental rights. The trial court found by clear and convincing evidence that the mother abandoned her four-year-old son by willfully failing to visit him and that it was in the best interest of the child to terminate the mother‟s parental rights. The mother appeals. We affirm.

Attorney 1: 

Adam Clayton Billingsley, Union City, Tennessee, for the appellant, Jennifer O.

Attorney 2: 

David L. Hamblen, Union City, Tennessee, for the appellees, Ralph M. and Billie M.

Judge: 
GIBSON