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Posted by: Karen Belcher on Dec 13, 2019

A Davidson County Criminal Court Jury convicted the Appellant, Cory Lamont Batey, of one count of aggravated rape, a Class A felony; two counts of attempted aggravated rape, a Class B felony; one count of facilitation of aggravated rape, a Class B felony; and three counts of aggravated sexual battery, a Class B felony. After a sentencing hearing, he received a fifteen-year sentence to be served at one hundred percent for the aggravated rape conviction and concurrent eight-year sentences for the remaining convictions for a total effective sentence of fifteen years.

Posted by: Karen Belcher on Dec 13, 2019

Following a nonsuit by the original plaintiff, one of the original defendants was granted a default judgment with respect to his counterclaim. The original plaintiff thereafter moved to set the default judgment aside after the entry of final judgment, and later, attempted to re-file its previously nonsuited claims. After the trial court denied the motion to set aside and entered an order striking the original plaintiff’s re-filed claims, this appeal followed. We reverse the denial of the motion to set aside and vacate the default judgment.

Posted by: Karen Belcher on Dec 13, 2019

This is an appeal from the denial of a motion for recusal. After carefully reviewing the record provided by the pro se appellant, we affirm the decision of the trial court denying the motion for recusal.

Posted by: Karen Belcher on Dec 13, 2019

Father appeals the trial court’s decision allowing Mother to relocate with the parties’ daughter from the Memphis area to Blytheville, Arkansas. Father also appeals the trial court’s award of attorney’s fees to Mother. Applying the amended version of Tennessee Code Annotated section 36-6-108 based on the parties’ stipulation, we conclude that the trial court did not abuse its discretion in finding that relocation was in the child’s best interest. We also affirm the trial court’s award of attorney’s fees but decline to award attorney’s fees on appeal.

Posted by: Karen Belcher on Dec 13, 2019

This appeal arises from Appellant’s lawsuit against his former attorney, Appellee, for breach of contract, unjust enrichment, and double billing. The trial court dismissed Appellant’s lawsuit on its finding that his claims were barred by res judicata and collateral estoppel. Discerning no error, we affirm.

Posted by: Karen Belcher on Dec 13, 2019

This appeal involves a petition for contempt and to modify a permanent parenting plan. Having carefully reviewed the record before us, we conclude that the notice of appeal was not timely filed. Because the notice of appeal was untimely, we dismiss the appeal for lack of jurisdiction.

Posted by: Karen Belcher on Dec 12, 2019

This appeal arises from an acrimonious dispute between former friends over real property. William M. Pruitt and his wife Shirley J. Pruitt (“the Pruitts,” or “Mr. Pruitt” and “Mrs. Pruitt”) live in a house next to three parcels of land once owned variously by Mr. Pruitt’s stepfather and mother, both of whom died intestate. J. Philip Harber (“Mr. Harber”), former attorney for the Pruitts, paid Mr. Pruitt’s fellow heirs for quitclaim deeds with the aim of acquiring their interests in the subject parcels. Mr.

Posted by: Karen Belcher on Dec 12, 2019

An insured sued for breach of contract after his insurance company denied payment for a surgical procedure. The insurance company moved for summary judgment, arguing that the insured could not establish a breach of contract because the procedure was excluded from coverage in the medical benefits plan. The trial court granted summary judgment to the insurance company and dismissed the complaint. Because the insurance company was entitled to a judgment of dismissal as a matter of law based on the undisputed facts, we affirm.

Posted by: Karen Belcher on Dec 12, 2019

ALICE M. BATCHELDER, Circuit Judge. A victim of “student-on-student sexual harassment” has a private cause of action against the school under Title IX of the Education Amendments of 1972 (Title IX), 86 Stat. 373, codified as 20 U.S.C. § 1681, et seq., based on the formula first set out in Davis v. Monroe County Board of Education, 526 U.S. 629 (1999). Under that formula, the sexual harassment must meet a certain standard and the evidence must satisfy the elements for an intentional tort.

Posted by: Karen Belcher on Dec 12, 2019

ALICE M. BATCHELDER, Circuit Judge. FirstEnergy Solutions Corp. (FES) and a subsidiary filed Chapter 11 bankruptcy and initiated an adversary proceeding to enjoin the Federal Energy Regulatory Commission (FERC) from interfering with its plan to reject certain electricity-purchase contracts that FERC had previously approved under the authority of the Federal Power Act (FPA), 16 U.S.C. § 791a, et seq., and/or the Public Utilities Regulatory Policies Act (PURPA), 16 U.S.C. § 2601, et seq. FERC opposed the action.


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