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Posted by: Tanja Trezise on Apr 7, 2021

This case concerns the termination of a condominium building. At the center of the dispute on appeal is a disagreement over whether the ordered distribution of the proceeds from the sale of the condominium real estate was proper. The Appellant, who was a unit owner in the condominium, takes specific issue with the trial court’s use of a certain appraisal as the basis for a distribution of sale proceeds. The trial court ruled against the Appellant on this issue, holding that the subject appraisal became final because it had not been timely disapproved by unit owners representing at least 25% of the votes in the unit owners’ association as provided in Tennessee Code Annotated section 66-27-318 of the Tennessee Condominium Act of 2008. In holding that the proposed allocation from the appraisal should be used, the trial court also ordered that the Appellant pay certain attorney’s fees and discretionary costs. A request for prejudgment interest against the Appellant, however, was ultimately denied. On appeal, we affirm the trial court’s judgment in all respects.

Posted by: Tanja Trezise on Apr 7, 2021

This case involves a breach of contract claim brought against the Tennessee Department of Human Services pursuant to Tennessee Code Annotated section 9-8-307(a)(1)(L). The defendant moved to dismiss for lack of subject matter jurisdiction, claiming the parties never entered into a written agreement. The Tennessee Claims Commission granted the motion and dismissed the complaint for lack of subject matter jurisdiction. We affirm the Commission’s decision and remand.

Posted by: Tanja Trezise on Apr 7, 2021

This case involves a petition to modify a father’s parenting time. The mother filed the petition against the father, alleging that the father sexually abused their minor child during an unsupervised visitation. After a two-day hearing, the trial court denied the mother’s petition, finding that there was insufficient evidence to show that the father sexually abused the minor child. The mother appealed. We affirm the trial court’s decision and remand.

Posted by: Tanja Trezise on Apr 7, 2021

The Defendant, Erick Eugene Jones, Jr., was convicted by a Greene County Criminal Court jury of two counts each of facilitation of felony murder in the perpetration of aggravated child abuse, facilitation of felony murder in the perpetration of aggravated child neglect, Class B felonies; aggravated child neglect, a Class A felony; one count of aggravated assault, a Class C felony; and one count of facilitation of aggravated assault, a Class D felony. See T.C.A. §§ 39-11-403 (2018) (facilitation of a felony); 39-13-102 (2014) (subsequently amended) (aggravated assault); 39-13-202 (2018) (felony murder); 39-15- 402 (2014) (subsequently amended) (aggravated child abuse and child neglect). He received an effective sentence of fifty years. On appeal, the Defendant contends that (1) the evidence does not support his convictions, (2) the trial court erred by allowing autopsy photographs of the victims into evidence, and (3) the trial court erred by sentencing the Defendant to serve his sentences consecutively. We affirm the Defendant’s convictions related to the victim T.T. for facilitation of felony murder in the perpetration of aggravated child abuse, facilitation of aggravated assault, and aggravated child neglect. We reverse the Defendant’s convictions related to K.E. for facilitation of felony murder during the perpetration of aggravated child abuse, facilitation of felony murder during the perpetration of aggravated child neglect, aggravated assault, and aggravated child neglect. We reverse the Defendant’s conviction related to the victim T.T. for facilitation of felony murder during the perpetration of aggravated child neglect.

Posted by: Tanja Trezise on Apr 7, 2021

The petitioner, Larry Michael Berkley, appeals the denial of his petition for post-conviction relief, which petition challenged his multiple convictions of rape, aggravated statutory rape, sexual battery by an authority figure, and statutory rape by an authority figure, alleging that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the post-conviction court’s denial of post-conviction relief.

Posted by: Tanja Trezise on Apr 7, 2021

This is an appeal from a contested divorce involving one minor child. The father appeals the trial court’s decision to name the mother as the primary residential parent and its decision to grant the father less than equal parenting time. For the reasons stated herein, we affirm the trial court’s decisions and remand.

Posted by: Tanja Trezise on Apr 7, 2021

A mother appeals the termination of her parental rights on the grounds of severe abuse and failure to manifest a willingness and ability to assume custody and on the determination that termination is in the best interests of her children. Upon our review, we discern no error and affirm the termination.

Posted by: Tanja Trezise on Apr 7, 2021

The petitioner claims an interest in the estate of the second wife of her uncle, who was originally married to the petitioner’s aunt. Because the property at issue was held by the petitioner’s aunt and uncle as a tenancy by the entireties, the uncle owned the property in fee simple upon the aunt’s death. We conclude that the petitioner’s claim is without merit, and we affirm the decision of the trial court.

Posted by: Tanja Trezise on Apr 6, 2021

This consolidated appeal arises from a dispute among various children and grandchildren of B. Ray Thompson, Jr. (“B. Ray Jr.”) and Juanne Jennings Thompson (“Juanne” or together, “Decedents”), over the estates of both B. Ray Jr. and Juanne. When three of the Decedents’ children obtained a court order sealing the records for both estates, a different faction of the family filed petitions to intervene in the estate actions and to unseal the records. The Chancery Court for Knox County (the “trial court”) denied the petitions for intervention and left several documents under seal. This appeal followed. We hold that the trial court abused its discretion. The judgment of the trial court is reversed, and the case remanded for further proceedings.

Posted by: Tanja Trezise on Apr 6, 2021

SUTTON, Circuit Judge. Omar Pouncy requested release from state prison while the district court reviewed his habeas petition. The district court denied the request. Because Pouncy has not shown that the district court abused its discretion, we affirm.


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