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Posted by: Tanja Trezise on Mar 18, 2015

A Davidson County jury convicted Defendant, Charles B. Davis, of one count of theft of property valued between $1,000 and $10,000, one count of theft of property valued under $500, and one count of employing a firearm during the commission of a dangerous felony. In addition, the Defendant pleaded guilty to one count of aggravated burglary but was acquitted of an additional count of aggravated burglary. The trial court sentenced the Defendant to an effective sentence of twenty years in the Tennessee Department of Correction as a Range II, persistent offender.

Posted by: Tanja Trezise on Mar 18, 2015

The defendant, Marquize Berry, appeals his Shelby County Criminal Court jury conviction of attempted second degree murder, claiming that the evidence was insufficient to support his conviction. We affirm but order certain clerical amendments to the judgments.

Posted by: Tanja Trezise on Mar 18, 2015

At issue is the ownership of property along the boundary of two large tracts of mountain land in Franklin County, Tennessee. After Plaintiff commenced this action seeking to establish the boundary line, Defendant asserted that he owned the property by adverse possession; Defendant additionally asserted that Plaintiff was barred by Tenn. Code Ann. § 28-2-110 from asserting any affirmative claim to the property because Plaintiff had not paid property taxes on the property in dispute for 20 years.

Posted by: Tanja Trezise on Mar 18, 2015

The parties executed an arbitration agreement to submit disputes arising from their franchise agreement to binding arbitration. The trial court held that, under the arbitration agreement, the individual Defendants were liable, in their personal and corporate capacities, for amounts awarded to Plaintiffs by the arbitrators. Additionally, the trial court denied Defendants? motion to dismiss for failure to state a claim, in which Defendants contended that the arbitrators? decision was invalid as a matter of law. We affirm and remand.

Posted by: Tanja Trezise on Mar 18, 2015

This case involves competing claims for custody of a minor child. Having reviewed the record transmitted to us, we observe that the order appealed from is not a final judgment so as to confer jurisdiction on this Court under Tennessee Rule of Appellate Procedure 3(a). As such, we dismiss the appeal and remand the case to the trial court.

Posted by: Tanja Trezise on Mar 18, 2015

Father appeals the trial court’s determination that it was in the best interest of the child to terminate father’s parental rights. We find that clear and convincing evidence supports the decision of the trial court.

Posted by: Tanja Trezise on Mar 18, 2015

This case arises from an automobile accident between Plaintiff and Defendant. Following the accident, Plaintiff sued Defendant for negligence. The trial court granted summary judgment in favor of Defendant, finding that Plaintiff failed to offer any evidence that Defendant breached a duty of care owed to Plaintiff. Plaintiff appealed. We affirm.

Posted by: Tanja Trezise on Mar 18, 2015

Action under the Tennessee Governmental Tort Liability Act to recover for injuries sustained in a slip and fall at a school operated by the Shelby County Board of Education. In a bench trial, the court held the school board 60% liable and plaintiff 40% liable and awarded plaintiffs damages totaling $29,400. The Board of Education appeals the holdings that it was negligent, that its immunity was removed, and that the plaintiff was less than 50% at fault for her injury.

Posted by: Tanja Trezise on Mar 18, 2015

This is an appeal from the grant of summary judgment in favor of Appellee Bank. The trial court granted summary judgment to reform a deed of trust that contained an incorrect legal description of the subject property, upon its finding of mutual mistake. Appellant landowner appeals. We affirm and remand.


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