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Posted by: Tanja Trezise on Apr 24, 2015

A Coffee County jury found the Defendant, Tracy Lynn Carman-Thacker, guilty of willful abuse, neglect, or exploitation and false imprisonment. The Defendant appeals, asserting that the trial court erred when it: (1) failed to compel the State to make an election of offenses; (2) denied the Defendant’s motion for acquittal as to both charges; and (3) determined that the victim was competent to testify at trial. After a thorough review of the record and applicable law, we reverse and remand in part, and affirm in part.

Posted by: Tanja Trezise on Apr 24, 2015

Gary Sulo Alto (“the Defendant”) pleaded guilty to theft of property valued at $10,000 but less than $60,000. After a sentencing hearing, the trial court denied alternative sentencing and ordered restitution in the amount of $60,000. On appeal, the Defendant argues that (1) the trial court erred when it denied alternative sentencing and (2) the trial court erred when it ordered restitution in the amount of $60,000 without considering the Defendant’s future ability to pay. Upon review, we affirm the trial court’s denial of alternative sentencing.

Posted by: Tanja Trezise on Apr 24, 2015

Doctor filed this lawsuit against a former patient, alleging malicious prosecution, tortious interference, defamation, and intentional infliction of emotional distress. After the patient refused to respond to discovery, the trial court eventually entered an order striking the patient‘s answer and entering a default judgment against the patient. The trial court later awarded the doctor nominal damages and a permanent injunction. Affirmed.

Posted by: Tanja Trezise on Apr 24, 2015

Rita McCartt Kordon and Rose McCartt Young appeal the decision of the Chancery Court for Scott County (“the Trial Court”) dismissing their claims for failure to prosecute pursuant to Tenn. R. Civ. P. 41.02(1). We find no abuse of discretion in the Trial Court’s dismissal of Ms. Kordon’s and Ms. Young’s claims, and we affirm.

Posted by: Tanja Trezise on Apr 24, 2015

This is the third appeal of this case, involving the issue of child support and arrears. In the second appeal, this Court remanded the case to the trial court for a determination of Appellant Father and Appellee Mother’s respective incomes for the period of August 22, 2008 through September 28, 2009. Based upon Mother’s testimony at the hearing on remand, the trial court set Mother’s income for the relevant period at $300 per month.

Posted by: Tanja Trezise on Apr 24, 2015

This is a Health Care Liability case. Appellees are the treating physician and hospital. The trial court granted Appellees? Tennessee Rule of Civil Procedure 12.02 motions to dismiss Appellant?s lawsuit for failure to comply with the Tennessee Code Annotated Section 29-26-121(a)(2)(E) notice provision for health care liability claims.

Posted by: Tanja Trezise on Apr 24, 2015

This case involves an employment contract. After the employee?s employment was allegedly constructively terminated, he sued the employer for damages. The parties proceeded to trial, and the trial court ruled that the employer breached its employment contract with the employee and that the employee was entitled to an award of damages. The trial court then ordered that all issues of damages would be referred to a Special Master. After trial, the Special Master issued a report calculating employee?s damages, to which the employee objected.

Posted by: Tanja Trezise on Apr 24, 2015

In connection with the purchase of a newly constructed home, buyers signed an application for a home warranty, providing for arbitration of warranty disputes. After the buyers experienced several problems with their home, they sued the builders for breach of the implied warranty of habitability and negligent construction, among other things. Over five years after answering the buyers? complaint, the builders moved to stay the litigation and compel arbitration based on the home warranty?s arbitration provision.

Posted by: Tanja Trezise on Apr 24, 2015
This case involves a dispute over legal maternity of twin children born as the result of a surrogacy agreement. The intended parents of the children filed a joint petition, along with the surrogate mother and her husband, asking the juvenile court to declare the intended parents as the legal parents of the children and to require the Tennessee Department of Health to list them as the parents on the children?s birth certificates.
Posted by: Tanja Trezise on Apr 23, 2015

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