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Posted by: Tanja Trezise on Jun 30, 2015

P. Michael Huddleston (Plaintiff) brought this action against his former business partner, Kenneth L. Harper, and also against Jerry L. Hurst, the person to whom Plaintiff sold his one-half interest in the partnership. Plaintiff alleged that the primary asset of the partnership is a large building in Maryville, and that Defendants fraudulently concealed the fact that partnership had filed an insurance claim for damage to the building?s roof. The insurance claim was an asset that turned out to be worth over one million dollars.

Posted by: Tanja Trezise on Jun 30, 2015

This appeal arises from an action to quiet title to property that was acquired by Plaintiff at a tax sale in 2008. The former owner of the property opposed the petition contending he did not receive proper notice of the tax sale and, therefore, the sale was void. Following discovery, Plaintiff filed a motion for summary judgment contending there were no material facts in dispute and it was entitled to judgment as a matter of law. The trial court granted the motion and entered judgment quieting title in favor of Plaintiff.

Posted by: Tanja Trezise on Jun 30, 2015

Plaintiff law firm and lawyer brought suit against defendant advertising companies alleging, inter alia, breach of contract and misrepresentation. Defendants moved to dismiss the complaint because the parties? contracts included a forum selection clause that provided all litigation arising from the contracts would take place in the state of Georgia. The trial court found the forum selection clause enforceable and granted defendants? motion to dismiss.

Posted by: Tanja Trezise on Jun 29, 2015
Posted by: Tanja Trezise on Jun 29, 2015

The petitioner, Christopher M. Mimms, appeals the denial of his petition for post-conviction relief from his Montgomery County Circuit Court jury convictions of the sale of .5 grams or more of cocaine and the sale of .5 grams or more of cocaine within a drug-free school zone, claiming that he was denied the effective assistance of counsel. Discerning no error, we affirm.

Posted by: Tanja Trezise on Jun 29, 2015

The Defendant, Kassy Janikowski, pleaded guilty to second degree murder, and agreed to a sentence of thirty years, to be served at 100%. The Defendant filed a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, which the trial court summarily dismissed. On appeal, the Defendant contends that the trial court erred when it dismissed her motion because her sentence contravenes the Tennessee Criminal Sentencing Reform Act of 1989. After review, and for the reasons stated below, we affirm the trial court’s judgment.

Posted by: Tanja Trezise on Jun 29, 2015

The Petitioner, Terry L. Glenn, appeals the Lauderdale County Circuit Court?s summary dismissal of his petition for habeas corpus relief from his 1989 convictions for first degree burglary and grand larceny and his effective twenty-five-year sentence. He contends that the judgments are void. We affirm the judgment of the habeas corpus court.

Posted by: Tanja Trezise on Jun 29, 2015

This is a personal injury action in which Plaintiff sued Defendant for injuries he sustained as a result of a two-vehicle accident. The jury allocated fifty percent of the fault for the accident to each party, and the trial court entered judgment on the jury?s verdict. On appeal, Plaintiff argues that the jury was not fair and impartial and that the evidence presented does not support the jury?s verdict. We affirm.

Posted by: Tanja Trezise on Jun 29, 2015

The appeal in this divorce litigation presents issues regarding proper valuation of the parties? business, proper division of marital assets, alimony, child support, attorney?s fees, and court costs. The parties were married for seventeen years, with three children being born of the marriage. The husband is a dentist, who started his own practice during the parties? marriage. Much of the testimony at trial focused upon the proper value to be assigned to this marital asset. The trial court adopted the value assigned by the wife?s expert of $430,376.


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