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Court: TCA


Irene R. Haude, Nashville, Tennessee, for the appellant, Beth Rachelle Bryant.

Mark R. Olson, Clarksville, Tennessee, for the appellee, Larry Richard Bryant.


The mother of the parties' only child appeals the designation of Father as the primary residential parent and the division of marital property. She also contends there was evidence of possible child abuse and that the trial court failed to make specific findings of fact pursuant to Tenn. Code Ann. section 36-6-106(a)(8). We affirm the designation of the father as the primary residential parent and the division of the marital property. We also find that the trial court was not required to make findings of fact because the mother made no allegations of abuse in her pleadings and the record contains no evidence of abuse. We also find that the father is entitled to recover reasonable and necessary attorney's fees incurred on appeal pursuant to Tenn. Code Ann. section 36-5-103(c).



Court: TCA


Justin S. Gilbert and Michael L. Russell, Jackson, Tennessee, for the appellant, Melony Gordon.

Anne C. Martin and Marshall T. Cook, Nashville, Tennessee, for the appellee, W.E. Stephens Manufacturing Company, Inc.


Employee appeals from a directed verdict in a sexual harassment action under the Tennessee Human Rights Act, Tenn. Code Ann. section 4-21-101, et seq. Employee sued her employer alleging that sexual harassment by her immediate supervisor created a hostile work environment. The case proceeded to trial before a jury. After the close of defendant's proof, the trial court granted a directed verdict in favor of defendant-employer. Employee appeals challenging the legal standard used to weigh the evidence at trial and arguing against employer's assertion of the Faragher/Ellerth affirmative defense. We find the material evidence presented at trial created fact questions by which a jury could reasonably find in favor of plaintiff-employee. Therefore, the trial court erred in taking the case from the jury on a directed verdict. Judgment of the trial court is vacated and the case is remanded for a new trial.



Court: TCA


James B. Johnson and Stephen H. Price, Nashville, Tennessee, for the appellants, James B. Johnson and Sylvia S. Johnson.

Stephen Andrew Lund and Thomas V. White, for the appellees, Charlie B. Mitchell, Jr., and CBM Enterprises, Inc.


Plaintiffs appeal the Chancery Court's grant of summary judgment in this breach of contract action. Finding no error, we affirm the Chancery Court's judgment.



Court: TCA


Bradley G. Kirk, Lexington, TN for Appellant.

Steven W. Maroney, Jackson, TN for Appellee.

Matthew R. West, Jackson, TN for Appellee.


The trial court dismissed Appellant's complaint for specific performance of a contract for the sale of real estate, and granted Appellee reasonable attorney's fees as provided in the contract. Appellant appeals the award of attorney's fees; Appellee asserts error in the amount of fees awarded. We affirm.



Court: TCA


J. Thomas Caldwell, Ripley, Tennessee, for the appellant, Teresa Walker Newman.

Steven B. Crain, Ripley, Tennessee, for the appellees, Wayne Woodard and Douglas Woodard.


This case concerns the access rights of a landowner to a section of her property divided from the rest of her land by a steep bluff. The trial court held that the landowner did not have an implied easement through her neighbor's land to access her property at the bottom of the bluff because the there was insufficient evidence that the right-of-way preexisted severance of the properties. The trial court determined that Mrs. Newman did not have an implied easement by necessity because there was insufficient evidence that Mrs. Newman would be unable build a road down the bluff for a reasonable cost. Because the evidence does not preponderate otherwise, we affirm that Mrs. Newman does not have an implied easement or an implied easement by necessity over the right-of- way. The trial court also held that Mrs. Newman lacked a prescriptive easement over the right-or- way because she failed to prove that her use was exclusive; we affirm on the basis that Mrs. Newman failed to demonstrate that her use of the right-of-way was continuous.



Court: TCA


Frank E. Teasley, Pro se.

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General and Joshua D. Baker, Assistant Attorney General, for the appellee, Tennessee Board of Probation and Parole.


The trial court dismissed Petitioner's writ for certiorari on the grounds that it was untimely filed and insufficiently affirmed where it was not notarized. We vacate dismissal based on the limitations period and affirm based on the lack of sworn, notarized affirmation.



Court: TCA


Emily K. Moore, Franklin, TN, Appellant.

Douglas S. Hale, Franklin, TN, Appellant.

Thomas J. Elmlinger, Nashville, TN, Appellees.


This is a summary judgment case. Appellant and Appellee entered into an oral agreement for the exchange of land. Appellee negotiated the purchase of the property with a third party which he then was to exchange with Appellant. When Appellee decided to keep the property for himself, Appellant filed suit, alleging agency, breach of contract, equitable estoppel, and wrongful inducement of a breach of contract. Appellees filed a counter-claim for wrongful inducement of a breach of contract. The trial court granted Appellees' motion for summary judgment, dismissing all of Appellant's claims, but declined to grant summary judgment in favor of Appellees on their counter-claim. Finding no error, we affirm.


With Concurring and Dissenting Opinion

Court: TCCA


Patrick T. McNally, Nashville, Tennessee (on appeal), and V. Michael Fox, Nashville, Tennessee (at trial), for the appellant, Tamela T. Scott.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; William C. Whitesell, Jr., District Attorney General; and David L. Puckett, Assistant District Attorney General, for the appellee, State of Tennessee.


The defendant, Tamela T. Scott, was convicted of vehicular homicide by intoxication, a class B felony, and three counts of vehicular assault, a class D felony. She received an effective sentence of eight years. The sentence was ordered to be served by one year in confinement and sixteen years on probation. Among the conditions of the defendant's probation were 200 hours of community service per year, and the defendant was also prohibited from driving for eight years. The defendant appeals the judgments, arguing that (1) the convicting evidence is insufficient; (2) the trial court erred in admitting expert testimony of "retrograde extrapolation" related to the defendant's blood alcohol level; (3) the trial court erred in its jury instruction regarding blood alcohol; and (4) the trial court erred in determining the conditions of her community service, the length of her probation, and that her driving privileges will be revoked for eight years. We affirm the judgments for the three counts of vehicular assault. We affirm the conviction of vehicular homicide by intoxication, but we modify the manner of service of the eight-year sentence to one year in confinement followed by eight years of probation.


WEDEMEYER concurring in part and dissenting in part


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About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.

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