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Posted by: Tanja Trezise on Oct 31, 2014

The issue presented on this appeal is whether a plaintiff who brings a health care liability action against a governmental entity under the Governmental Tort Liability Act (“the GTLA”) is entitled to the 120-day extension of the statute of limitations provided by Tenn. Code Ann. § 29-26-121(c)(Supp. 2014) under the current version of the Health Care Liability Act (“the HCLA”).

Posted by: Tanja Trezise on Oct 31, 2014

This appeal involves an action by a homeowners association to enjoin alleged violations of the association’s declarations. The trial court adjudicated a portion of the alleged violations and directed the entry of a final judgment pursuant to Tenn. R. Civ. P. 54.02. We have determined that the trial court has not disposed of “one or more claims” within the meaning of Tenn. R. Civ. P.54.02, meaning all claims by or against that party, see Bayberry Associates v.

Posted by: Tanja Trezise on Oct 30, 2014
Posted by: Tanja Trezise on Oct 30, 2014

The petitioner, Jeffery Wayne Robertson, was convicted in 1998 of first degree premeditated murder and sentenced to life imprisonment. His conviction was affirmed on direct appeal. State v. Robertson, 130 S.W.3d 842, 844 (Tenn. Crim. App. 2003). Subsequently, he filed a petition for post-conviction relief, one of the issues raised being that trial counsel was ineffective for not challenging “expert testimony about the results of a Comparative Bullet Lead Analysis (‘CBLA’) performed on evidence gathered by law enforcement.” Jeffrey Wayne Robertson v. State, No.

Posted by: Tanja Trezise on Oct 30, 2014

The petitioner, Theodore James Nugent, appeals the Davidson County Criminal Court’s denial of his timely petition for post-conviction relief, which petition challenged his 2012 guilty-pleaded convictions of domestic assault and aggravated stalking on the grounds that his trial counsel was ineffective and that his guilty pleas were unknowing and involuntary. Because the record supports the decision of the post-conviction court, we affirm that court’s order.

Posted by: Tanja Trezise on Oct 30, 2014

The Defendant, Dana Crumley, appeals the Maury County Circuit Court’s order denying her motion for a reduced sentence. The Defendant contends that the trial court abused its discretion. We affirm the judgment of the trial court.

Posted by: Tanja Trezise on Oct 30, 2014

In this post-divorce case, Edward Joseph Pierre (“Husband”) appeals the trial court’s decision refusing to grant him relief under Tenn. R. Civ. P. 60.02. Husband argues that the trial court’s divorce judgment based upon irreconcilable differences should be set aside and the case reopened because the parties’ marital dissolution agreement (“MDA”), which was duly approved by the trial court and incorporated into the judgment, allegedly fails to equitably divide the marital estate. Husband voluntarily signed the MDA before a notary public but declined to read it before he signed it.

Posted by: Tanja Trezise on Oct 30, 2014

Carol Payne McKinnis (“Seller”) brought suit against Sandra Kim Hammons (“Purchaser”) to enforce an oral contract for the sale of real property. Seller sought a judgment for the amount allegedly due under the parties’ agreement. Purchaser moved for summary judgment based on her contention that the action was barred by the Statute of Frauds as codified at Tenn. Code Ann. § 29-2-101(2012). The trial court granted the motion. We vacate the judgment and remand for further proceedings.

Posted by: Tanja Trezise on Oct 30, 2014

This case concerns a boundary line dispute. Walter Allen Gault (“Plaintiff”) sued Jano Janoyan and Pinnacle Bank (“Defendants”) seeking a declaratory judgment that, by way of adverse possession, he is the rightful owner of a triangle-shaped piece of land, 41.59 feet at its base and approximately 302 feet on each of its two sides. The disputed area is within the deed boundaries of the property owned by Janoyan, the Plaintiff’s next door neighbor. (See attached exhibit.) The parties’ properties are in Forest View, a residential subdivision in Knoxville.


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