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Posted by: Tanja Trezise on Jun 30, 2015

The primary issue presented is whether a health care liability case must be dismissed because the plaintiff sent the health care defendants pre-suit notice of the claim via a commercial carrier, FedEx, instead of using certified mail, return receipt requested, through the United States Postal Service. The defendants moved for summary judgment, asserting that the plaintiff failed to comply with the requirements of Tennessee Code Annotated sections 29-26-121(a)(3)(B) and (a)(4) (2012).

Posted by: Tanja Trezise on Jun 30, 2015

Appellant, Tarojee M. Reid, pleaded guilty to theft of property valued at $1,000 or more but less than $10,000, and as part of the plea, the parties agreed to submit the issue of restitution to the trial court. Following the hearing, the trial court ordered that appellant pay $6,895 in restitution to the victim.

Posted by: Tanja Trezise on Jun 30, 2015

Plaintiff filed suit against defendant county alleging, inter alia, racial discrimination and retaliatory discharge. Defendant filed a motion to dismiss plaintiff’s claims, which motion the trial court granted in part and denied in part. Defendant subsequently filed a motion for summary judgment as to plaintiff’s remaining claims. The trial court granted summary judgment in favor of defendant, disposing of the remainder of plaintiff’s claims. Plaintiff appeals. Due to significant procedural shortcomings in plaintiff’s appellate brief, we are unable to reach the merits of her appeal.

Posted by: Tanja Trezise on Jun 30, 2015

This appeal arises from a divorce proceeding. The trial court designated the mother as primary residential parent of the parties? young son in its temporary and permanent parenting plans. After a subsequent hearing, the trial court found the mother in criminal contempt of the permanent parenting plan for failing to engage in joint decision-making with Father on certain issues. The trial court fined the mother fifty dollars and ordered both parties to pay their own attorney?s fees. The father appeals, raising various issues regarding the parenting plans and the contempt proceedings.

Posted by: Tanja Trezise on Jun 30, 2015

Plaintiff fell down a set of steps while entering a building owned and operated by the State of Tennessee. She filed a claim with the Claims Commission alleging that the stairs were a dangerous condition because the handrail was too low and the steps were not covered with non-skid material. At trial, Plaintiff and her daughter testified about Plaintiff?s fall and the resulting injuries. Plaintiff also introduced into evidence photographs of repairs made to the stairs after her fall.

Posted by: Tanja Trezise on Jun 30, 2015

The trial court determined that Appellant Hanna (John) Nazi executed the contractual documents between the parties as the owner/proprietor of the Handy Peddler and that he was liable for a judgment in favor of Appellee Jerry‘s Oil Company, Inc. We affirm.

Posted by: Tanja Trezise on Jun 30, 2015

Plaintiff, a former inmate with the Tennessee Department of Correction, filed suit in the Tennessee Claims Commission against the State of Tennessee for monetary damages. Plaintiff alleged that the State held him in custody longer than the term of his sentence and improperly applied certain sentence-reducing credits. He titled his cause of action as one for “negligent care, custody, and control” of which he asserted the Claims Commission had jurisdiction pursuant to Tennessee Code Annotated Section 9-8-307.

Posted by: Tanja Trezise on Jun 30, 2015

This case involves various causes of action related to the administration of an estate, specifically, the executor‘s action in failing to fund a residuary trust. The trial court granted summary judgment on the grounds that no assets remained in the estate to fund the residuary trust, the expiration of the statute of limitations, and laches. Although we rely on different grounds, we affirm the trial court‘s order granting summary judgment and dismissing the complaint.

Posted by: Tanja Trezise on Jun 30, 2015

Housing units belonging to the property owners were cited by a city official for condemnation. The property owners appealed to the city’s Board of Adjustments and Appeals. After the board agreed with the city official and condemned the property, the property owners filed a petition for common law writ of certiorari seeking judicial review of the board’s decision. The trial court determined that the decision of the board was supported by material evidence and was neither arbitrary nor capricious. The property owners appeal. We affirm.

Posted by: Tanja Trezise on Jun 30, 2015

This is an appeal from the trial court?s denial of Father?s petition to modify custody. Following a one-day trial, the court found that Father had failed to demonstrate a material change in circumstance as necessary for either a change in primary residential parent or parenting time. Because we find that the evidence preponderates against the trial court?s finding of no material change in circumstance for purposes of modification of residential parenting time, we vacate and remand for further proceedings consistent with this opinion.


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