A Shelby County jury convicted Defendant, Demarcus Stevenson, of second degree murder, attempted second degree murder, and employing a firearm during the commission of a dangerous felony, for which Defendant received an effective sentence of forty-three years’ incarceration. On appeal, Defendant contends that the trial court erred by admitting into evidence the prior written statement of a witness, in its entirety, as a prior inconsistent statement under Tennessee Rule of Evidence 803(26) and by admitting testimony under Tennessee Rule of Evidence 404(b) regarding Defendant’s prior act of violence against the murder victim. Defendant also challenges the sufficiency of the evidence. Following a thorough review, we affirm the judgments of the trial court.

In this judicial review of an administrative decision, the trial court reversed the civil service commission’s decision to reinstate a police officer to his position upon finding that the commission’s reversal of the police department’s termination of the employee was arbitrary and capricious. The employee has appealed. Having determined that the findings of the civil service commission were supported by substantial and material evidence but that its ultimate decision was arbitrary and capricious, we affirm the judgment of the trial court reversing the commission’s decision.

This is a Tennessee Governmental Tort Liability action for personal injuries resulting from a trip and fall on the premises of a public school that was owned and operated by Maryville City Schools. The complaint alleged, in pertinent part, that the plaintiff tripped and fell near the entrance to the Maryville High School on a section of the school’s sidewalk that was deteriorated, the condition of which the defendant knew or should have known. The defendant filed a motion to dismiss the complaint pursuant to Tenn. R. Civ. P. 12.02(6) for failure to state a claim upon which relief could be granted, arguing it was “immune from suit pursuant to the public duty doctrine.” Finding the public duty doctrine applied and the defendant was immune, the trial court dismissed the complaint. This appeal followed. We have determined that the facts alleged in the complaint do not pertain to or give rise to a defense based on the public duty doctrine. Further, accepting the plaintiffs’ factual allegations as true—as we are required to do at this stage in the proceedings—we have determined that the complaint alleged sufficient facts to survive a Rule 12.02(6) motion to dismiss for failure to state a claim. Accordingly, the judgment of the trial court is vacated, and this matter is remanded for further proceedings consistent with this opinion.

The trial court dismissed plaintiff/Appellant’s Governmental Tort Liability action against the county and an unknown deputy. The trial court determined that Appellant’s lawsuit was barred by the Public Duty Doctrine. Because Appellant has not pled facts sufficient to establish a special duty exception to the Public Duty Doctrine, we affirm the trial court’s dismissal of the lawsuit.

Mother appeals the termination of her parental rights on grounds of persistence of conditions, mental incompetence, and failure to manifest a willingness and ability to assume custody. Discerning no error, we affirm.

The owner of a vehicle seeks to recover for damage done to his vehicle while being repaired by the defendant auto repair shop. The defendant denied liability and asserted a counterclaim for the work it performed at the owner’s request. The circuit court dismissed the owner’s claims and awarded the defendant a judgment of $1,600. The owner appeals. We affirm the trial court in all respects.

The employee alleged he suffered physical and mental injuries after being attacked by a hospital patient during the course of his work as a security officer. Following the incident, the employee complained of anxiety and other psychological symptoms to his treating neurologist, who referred the employee to a neuropsychologist or a psychiatrist. The employer declined to provide a panel of specialists, arguing that the employee had sought treatment for an anxiety disorder prior to the work incident and that the need for psychological treatment was not causally related to the work injury. In response to the employee’s request for an expedited hearing and a determination on the record, the employer objected and requested an evidentiary hearing and the opportunity to complete the deposition of the treating neurologist prior to the hearing. The trial court overruled the employer’s objections, ordered the parties to submit information and arguments in writing, gave the parties the opportunity to object to the court’s consideration of information submitted by the other party, and issued a decision on the record ordering the employer to provide a panel of neuropsychologists and/or psychiatrists. The employer has appealed. Upon careful review of the record, we affirm the trial court’s order and remand the case.

BERNICE BOUIE DONALD, Circuit Judge. Dissatisfied with several disciplinary actions taken against him at work, Plaintiff Richard “Rip” Hale sought recourse against his employer, Defendant Morgan Stanley Smith Barney LLC, d/b/a Morgan Stanley Wealth Management (“Morgan Stanley”), through arbitration. When this arbitration was unsuccessful, Hale filed suit in district court, seeking to vacate the arbitration award pursuant to the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1 et seq. The district court never reached the merits of Hale’s claims however, finding that it lacked subject-matter jurisdiction. Because we find that diversity jurisdiction has been satisfied, we REVERSE and REMAND.

Petitioner, Patrick Wadri, entered an open plea in the General Sessions Court of Williamson County to two counts of driving on a suspended license, one count of use of a stolen license plate, and one count of failure to appear. The General Sessions Judge imposed an effective sentence of eleven months and twenty-nine days, suspended to probation after the service of thirty days in incarceration. Petitioner subsequently sought post-conviction relief on the basis that he received ineffective assistance of counsel and that his guilty plea was unknowing and involuntary. After a thorough review, we affirm the judgment of the post-conviction court.

The administrator of Appellee estate filed a declaratory judgment action against Geneva Cosey, seeking to quiet title to real property owned by decedent. Geneva Cosey died during the trial court proceedings, and the administrator filed a suggestion of death. However, neither party filed a substitution of party. As such, the trial court granted a default judgment in favor of the estate (and the administrator as the sole heir) on the declaratory judgment action. Tenn. R. Civ. P. 25.01. Thereafter, Geneva Cosey’s daughter, Eloise Cosey, filed an appeal to this Court. The notice of appeal was brought in the name of Geneva Cosey, deceased, and Eloise Cosey, as Geneva Cosey’s next of kin. The notice was signed and submitted by attorney Matthew Edwards. Because neither Eloise Cosey nor Mr. Edwards satisfy the standing requirement under Tennessee Rule of Appellate Procedure 19(a), the notice of appeal is ineffective and the appeal is dismissed.