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Court: TCA


M. Stanley Givens, Johnson City, Tennessee, for the appellant, Harry George Boye, Jr.

J. Wesley Edens, Bristol, Tennessee, for the appellee, Lisa Ann Weaver McGlamery, executrix of the Estate of Mary Frances Boye.


This appeal involves a dispute regarding the estate of Mary Frances Boye. The granddaughter of Mrs. Boye filed a petition to probate in solemn form a document purporting to be her grandmother's will. Mrs. Boye's son contends that the trial court erred in admitting the will at issue to probate. He asserts that the will is invalid because it was not properly executed and that suspicious circumstances surround its execution. We conclude that the trial court erred in proceeding with the in solemn form probate proceeding once the court was made aware of the fact that Mrs. Boye's son was contesting the validity of the purported will of his mother. Accordingly, we vacate the judgment of the trial court admitting the subject document to probate in solemn form and remand for further proceedings.


Court: TCA


W. Tyler Chastain and Margo J. Maxwell, Knoxville, Tennessee, for the appellants, Pauline S. Sprouse Residuary Trust and Kerry M. Sprouse.

G. Wendell Thomas, Jr., Rob Quillin, and Kevin C. Stevens, Knoxville, Tennessee, for the appellee, Mike Ellis.


Mike Ellis ("Farmer") claims he exercised a renewal option on a lease of real property for the years 2002 through 2006. The property was formerly owned by Mary Bagwell ("Prior Landlord") and is presently owned by Kerry M. Sprouse ("Landlord"). Farmer argues that Landlord violated his five-year renewal lease when he forced Farmer to vacate the property at the end of 2004. Farmer sued Landlord, seeking compensatory and punitive damages. He claimed a trespass in 2004 and lost profits in 2005 and 2006. The case was tried to a jury, which returned a verdict awarding Farmer compensatory damages on both claims. In addition, the jury awarded punitive damages. Landlord concedes the compensatory damages for trespass, but appeals with respect to the damages for lost profits and the punitive damages, claiming the trial court misapplied the law regarding the timing of lease renewals. We agree and conclude that Farmer had no right to occupy and use the property in 2005 or 2006. Accordingly, we vacate the lost profits award. As a result, the total compensatory award is modified from $82,534 to the conceded damages for the 2004 trespass of $534. As a consequence of this reduction, the $30,000 punitive damages award is vacated as being disproportionate to the award of compensatory damages. As an additional basis for vacating the award of punitive damages, we note that it was arguably based upon not only the 2004 trespass but also Landlord's action in expelling Farmer from the property at the end of 2004. We remand for a new trial on punitive damages based solely upon the 2004 trespass.


Court: TCA


David Lawrence Stewart, Winchester, Tennessee, for the appellant, O.F.H.

Robert E. Cooper, Jr., Attorney General and Reporter; Douglas Earl Dimond, Sr. Counsel, for the appellee, State of Tennessee, Department of Children's Services.


The juvenile court terminated Father's parental rights based on (1) abandonment by lack of visitation or, at best, token visitation; (2) persistence of unremedied conditions; and (3) substantial noncompliance with the permanency plan. The court further found that termination of Father's parental rights was in the child's best interest. Father appeals. Finding no error below, we affirm the judgment of the juvenile court in all respects.


Court: TCCA


Erodito D. Lopez-Corranza, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; and Victor S. Johnson, III, District Attorney General, for the appellee, State of Tennessee.


The Petitioner, Erodito D. Lopez-Corranza, appeals from the order of the post-conviction court summarily dismissing his petition for post-conviction relief as time-barred. The State has filed a motion requesting that this Court affirm the judgment of the post-conviction court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. We grant the State’s motion and affirm the judgment of the post-conviction court.


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