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Posted by: Tanja Trezise on Jan 30, 2015

The quasi-parties in this matter had their bids accepted at a judicial sale, but they failed to carry out their purchases and close on the properties. After a re-sale was conducted, the trial court charged the quasi-parties with the difference between the amount of the original bids and the amount received for the properties at the re-sale. They were also assessed the expenses resulting from the re-sale. The quasi-parties appeal. We affirm.

Posted by: Tanja Trezise on Jan 30, 2015

This appeal arises out of a vicarious liability claim brought by a customer against the operators of an auction business for injuries inflicted by a third party. The customer filed a motion for partial summary judgment relying on the pleadings and his own affidavit. The operators did not respond to the motion or appear at the summary judgment hearing. The trial court granted summary judgment for the customer on the question of liability and held a separate hearing on the issue of damages.

Posted by: Tanja Trezise on Jan 30, 2015

The plaintiff, American Heritage Apartments, Inc. (“American Heritage”), commenced this lawsuit to protest a monthly flat charge in the amount of $8.00 per unit imposed by the defendant, The Hamilton County Water and Wastewater Authority (“the County WWTA”), on all of its sewer customers. The charge was instituted to fund a program designed to repair and refurbish private service laterals, defined as pieces of pipe that connect private property to the sewer lines.

Posted by: Tanja Trezise on Jan 29, 2015

During his thirty-seven years working for the employer, the employee suffered a gradual loss of hearing, especially at frequency levels of sound above 3000 hertz. Shortly after his retirement, he made a claim for workers’ compensation benefits. After hearing the proof, the trial court ultimately found that the AMA Guides did not cover hearing losses at the higher frequencies and awarded a 30% vocational disability, not only for the anatomical impairment between 2000 and 3000 hertz but also for the impairment between 3000 and 4000 hertz.

Posted by: Tanja Trezise on Jan 29, 2015

The Defendant, Elke Babette Paster, was charged with multiple Tennessee Code Annotated traffic offenses. These charges were initially set for adjudication in Somerville City Court but were later transferred to Fayette County General Sessions Court, where that court found the Defendant guilty of speeding. Upon her appeal to the Fayette County Circuit Court from the General Sessions Court’s judgment, the Circuit Court granted the Defendant’s motion to dismiss, declaring the General Sessions Court order void and reinstating the City Court’s adjudication of her charges.

Posted by: Tanja Trezise on Jan 29, 2015

Defendant, William Jernigan, entered into a negotiated plea agreement and pled guilty as charged in a two-count criminal information to the Class D felony offense of possession with intent to sell Alprazolam and to the Class E felony offense of possession with intent to sell one-half ounce or more of marijuana. The agreed sentences were thirty months for the Class D felony and two years for the Class E felony, to be served concurrently. Reserved for determination by the trial court was what amount, if any, of the effective sentence of thirty months would be served on probation.

Posted by: Tanja Trezise on Jan 29, 2015

The plaintiff, Trails End Campground, LLC (Trails End) and the defendant Brimstone Recreation, LLC (Brimstone) are competitors in an outdoor recreation-oriented market in and around Scott County. In 2012, the defendant Town of Huntsville executed a lease with Brimstone giving it “the exclusive use, control and enjoyment” of a centrally-located open area in the town, sometimes referred to as Town Square, during the weeks prior to and including Memorial Day and Labor Day.

Posted by: Tanja Trezise on Jan 29, 2015

This is a parental termination case involving T.G.A. and H.C.M. (the Children), the minor children of M.S.A. (Father) and V.J.M. (Mother). The Department of Children’s Services (DCS) removed the Children into protective custody and placed them in foster care. DCS took this action primarily because of both parents’ drug use. After the Children were adjudicated dependent and neglected, DCS initiated termination proceedings.

Posted by: Tanja Trezise on Jan 29, 2015

This is a parental termination case regarding R.L.M., the daughter of unmarried parents, V.R.G. (Mother) and J.M. (Father). The trial court found clear and convincing evidence of (1) a failure to provide a suitable home and (2) persistence of the conditions that led to the child’s removal. The court also found, again by clear and convincing evidence, that termination is in the child’s best interest. Father appeals. He contends generally that the evidence does not clearly and convincingly establish the grounds for termination and best interest.

Posted by: Tanja Trezise on Jan 29, 2015

Juanita W. (“the Juvenile”) appeals an order of the Criminal Court for Knox County (“the Criminal Court”) finding her delinquent by committing the act of aggravated assault pursuant to Tenn. Code Ann. § 39-13-102(a)(1)(B). We find and hold that the required element of bodily injury was not proven, and we, therefore, reverse the Criminal Court’s order finding the Juvenile delinquent and dismiss the case.


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