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Posted by: Karen Belcher on Dec 9, 2020

This appeal concerns the trial court’s award of attorney fees. The ex-husband appeals. Upon a thorough review of the record, we discern no error and affirm the judgment of the trial court.

Posted by: Karen Belcher on Dec 8, 2020

A Carroll County jury convicted the Defendant, Elijah Paul Williams, of intentionally or knowingly failing to pay child support, and the trial court sentenced him to six months, ninety days of which the Defendant was to serve in confinement. On appeal, the Defendant contends that the trial court lacked subject matter jurisdiction and that he was denied due process of law. After review, we affirm the trial court’s judgment.

Posted by: Karen Belcher on Dec 8, 2020

The defendant, Dawn Michlitsch, pled guilty to two counts of possession of .5 grams or more of methamphetamine with intent to sell or deliver and one count of possession of drug paraphernalia for which she received an effective sentence of twelve years in the Tennessee Department of Correction. On appeal, the defendant contends the trial court erred in enhancing her sentence and in denying any form of alternative sentencing. Upon our review of the record and the applicable law, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Dec 8, 2020

A Williamson County jury convicted the Defendant, Robert A. Doll, III, of two counts of suborning aggravated perjury and one count of criminal simulation, and the trial court sentenced him to two years of probation. The Defendant filed a motion for new trial, alleging that the indictment against him was untimely. The trial court denied the Defendant’s motion, and the Defendant now appeals. On appeal, he contends that the trial court erred when it failed to dismiss the indictment as time-barred. After review, we affirm the circuit court’s judgment.

Posted by: Karen Belcher on Dec 8, 2020

After a planning commission approved a subdivision request, neighboring property owners filed a petition for common law writ of certiorari. The trial court granted the writ and, upon review, vacated the decision and remanded the case for further consideration. Both the planning commission and the owner of the proposed development appealed. Based on our review, we conclude that the planning commission acted illegally when it misapplied the applicable legal standards. So we affirm.

Posted by: Karen Belcher on Dec 8, 2020

A Hardin County firefighter and Appellant’s husband died after their vehicles collided. Appellant alleged that the firefighter had negligently caused the accident, and thus filed tort claims against Hardin County under a theory of vicarious liability and Tennessee’s Governmental Tort Liability Act. She filed her claims more than one year after the accident, so the trial court dismissed them as barred by the applicable one-year statute of limitations. She appeals, and we affirm.

Posted by: Karen Belcher on Dec 8, 2020

Following a bench trial, the Chancery Court for Knox County (“trial court”) granted the divorce of Louise Helen Pack Dover (“Wife”) from Norris L. Dover (“Husband”) on the basis of inappropriate marital conduct. The trial court classified several real properties, largely purchased by Husband before the marriage, as Husband’s separate assets and concluded that no transmutation occurred during the marriage. The trial court also classified Husband’s 401(k), which was established before the marriage, as a marital asset and ordered the parties to divide it equally. The trial court then awarded Wife alimony in solido in the amount of $5,000.00 per month for thirty-six months. We conclude that the trial court erred in the classification of the real properties at issue as well as its classification of Husband’s 401(k). Because the division of marital property will change substantially as a result of this opinion, we vacate the trial court’s division of the parties’ marital estate and the alimony award. We therefore reverse in part, affirm in part, vacate in part, and remand for further proceedings.

Posted by: Karen Belcher on Dec 8, 2020

The trial court entered an order permitting the use of sealed court records from a dependency and neglect matter in a subsequent federal civil rights lawsuit challenging the dependency and neglect proceedings. The respondent mother, who is also the plaintiff in the related federal action, has appealed. Inasmuch as the collateral federal lawsuit has now been dismissed, we determine that this appeal is moot and nonjusticiable. We therefore dismiss the mother’s appeal.

Posted by: Karen Belcher on Dec 7, 2020

Grants & Denials List

Week of November 30, 2020 - December 4, 2020

Posted by: Karen Belcher on Dec 7, 2020

Two corporations entered into merger discussions. Later, one corporation sued the other claiming that an agreement to merge had been reached through the exchange of emails. The plaintiff corporation requested specific performance of the alleged merger agreement and damages. On cross-motions for summary judgment, the court concluded on the undisputed facts that there was no meeting of the minds and, thus, no agreement to merge. We affirm.


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