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Posted by: Tanja Trezise on Apr 5, 2022

This case involves the purchase of a parcel of real property pursuant to an installment contract for deed. After entering into the contract, the purchaser discovered the existence of a natural gas pipeline easement on the property. The purchaser subsequently brought suit against the seller, arguing an anticipatory breach of contract and a breach of the warranty of title for failure to inform him of the easement. The trial court granted summary judgment in favor of the seller based on its finding that the easement was properly recorded and discoverable through the exercise of ordinary due diligence. On appeal, we affirm.

Posted by: Tanja Trezise on Apr 5, 2022

Mother appeals the termination of her parental rights to her four children on grounds of abandonment by failure to support, persistence of conditions, and failure to demonstrate a willingness and ability to assume physical custody or financial responsibility. We affirm.

Posted by: Tanja Trezise on Apr 5, 2022

This appeal arises from the dismissal of a petition for writ of certiorari challenging a decision by a city’s planning commission. The petitioner contends that the planning commission’s approval of modifications to a site plan for a planned unit development district were not minor, such that the proposed amendments should have been referred to the city’s council for consideration. The trial court ultimately determined that the modifications were minor and did not require referral to the council; accordingly, it dismissed the petition. We concur in the conclusion of the trial court and affirm its judgment.

Posted by: Tanja Trezise on Mar 31, 2022

GRIFFIN, Circuit Judge. Shareholders of Astec Industries filed this putative class action, alleging that the company and its executives committed securities fraud during a recent expansion. The district court dismissed the complaint, holding that plaintiffs had not met the heightened pleading requirements of Federal Rule of Civil Procedure 9(b) and the Private Securities Litigation Reform Act of 1995 (“PSLRA”). Plaintiffs appeal.

Although the pleading requirements for securities-fraud cases are daunting, they are not insurmountable. We conclude that plaintiffs have pleaded plausible claims against Astec’s CEO and the company itself but have abandoned or forfeited their claims against the other individual defendants. Accordingly, we affirm in part, reverse in part, and remand for proceedings consistent with this opinion.

Posted by: Tanja Trezise on Mar 31, 2022

The Petitioner, Michael Wayne Robinson, appeals the denial of his petition for postconviction relief from his convictions for reckless endangerment, aggravated assault, and unlawful possession of a weapon, arguing that the post-conviction court erred in finding that he received the effective assistance of trial counsel. After review, we affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Mar 31, 2022

The pro se Petitioner, Monoleto Delshone Green, appeals the habeas corpus court’s summary dismissal of his petition for writ of habeas corpus. Because the Petitioner’s notice of appeal is untimely and we find nothing that warrants the waiver of the timely notice of appeal requirement, we dismiss the appeal.

Posted by: Tanja Trezise on Mar 31, 2022

In this case involving a petition for grandparent visitation, where the minor child’s parents had divorced and the mother had been admitted to an inpatient rehabilitation facility, the maternal grandparents asserted that the minor child’s father had prevented them from visiting with the child once the father had obtained full custody of the child. The trial court conducted a hearing and subsequently granted to the grandparents monthly visitation with the child plus additional time during school breaks and holidays. The father has appealed. Discerning no reversible error, we affirm. We decline, however, to grant an award of attorney’s fees to the grandparents on appeal.

Posted by: Tanja Trezise on Mar 31, 2022

In a parentage action, the juvenile court adopted a permanent parenting plan and determined the father’s child support obligation. The court also declined a request to change the child’s name. On appeal, both parents take issue with the parenting plan, and the mother claims that the father’s income was higher than found by the court. Despite their differences, the parents agree that the court’s order contains insufficient findings of fact and conclusions of law. We vacate in part and remand.

Posted by: Tanja Trezise on Mar 24, 2022

The Petitioner, Benjamin Lee Pearson, Jr., pled guilty to two counts of aggravated sexual battery and received a total effective sentence of sixteen years in the Tennessee Department of Correction. Thereafter, the Petitioner filed a post-conviction petition, alleging that his counsel was ineffective and that his guilty plea was not knowingly and voluntarily entered. The post-conviction court denied relief, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Mar 24, 2022

The Defendant, Jason Matthew Campbell, appeals his convictions and effective twentythree- year sentence for possession of more than 0.5 grams of methamphetamine with the intent to sell or deliver, possession of a firearm by a convicted violent felon, and possession of a firearm during the commission of a dangerous felony. The Defendant argues that the evidence was insufficient to establish his constructive possession of the methamphetamine and pistol and that the prosecutor committed misconduct during rebuttal argument by violating the missing witness rule, shifting the burden of proof, and stating a personal opinion. After a thorough review of the record, we affirm.


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