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Posted by: Karen Belcher on Nov 7, 2019

THAPAR, Circuit Judge. Have you ever waited hours in line at the DMV, only to be told once you got to the front that you didn’t have the right paperwork? That might be how Dennis Gallivan felt about his lawsuit, which was dismissed because he didn’t file a specific affidavit. The upside for Gallivan? The district court shouldn’t have applied the state rule that required the affidavit. So we vacate and remand for further proceedings.

Posted by: Karen Belcher on Nov 7, 2019

The Defendant-Appellant, Derek Wyche, was convicted by a Davidson County jury of felony murder and especially aggravated robbery, for which he received a mandatory life sentence plus twenty years’ imprisonment. In this appeal as of right, the Defendant challenges the sufficiency of the evidence in support of his convictions and the trial court’s imposition of consecutive sentencing. Upon our review, the convictions of the trial court are affirmed. However, we remand this matter for a new sentencing hearing.

Posted by: Karen Belcher on Nov 7, 2019

The Defendant-Appellant, Joseph L. Ware, was convicted by a Davidson County jury of first degree felony murder (count 4), second degree murder (count 5), attempted especially aggravated robbery (count 6), attempted aggravated robbery (counts 3, 7), reckless endangerment (counts 8, 9), aggravated assault (count 10), and theft under $500 (counts 2, 11, 12), for which he received an effective sentence of life plus 10 years imprisonment.

Posted by: Karen Belcher on Nov 7, 2019

On November 15, 2016, Defendant, Jamie Todd Birdwell,1 pled guilty to Class D felony theft of property valued at $1,000 or more but less than $10,000 in case number 74CC4- 2015-CR-708 and to three counts of Class A misdemeanor theft of property in case number 74CC2-2016-CR-266. The plea agreement provided that Defendant would be sentenced to twelve years as a career offender with the manner of service to be determined following a sentencing hearing.

Posted by: Karen Belcher on Nov 7, 2019

Defendants appeal the judgment entered in favor of Plaintiff in this breach of contract action arising out of a failure to pay a promissory note. Defendants argue that the trial court erred in several pretrial rulings, in concluding that the contract was ambiguous and considering parol evidence, in holding that the attorney that drafted the agreement represented Defendants and construing the ambiguous term against them, and in denying their motion to supplement the appellate record. Upon our review, we discern no reversible error and affirm the judgment of the trial court.

Posted by: Karen Belcher on Nov 7, 2019

Appellant/Father appeals the trial court’s denial of his petition to change the surnames of his minor children. The trial court held that Appellant failed to meet his burden to show that changing the children’s names is in their best interests. Discerning no error, we affirm.

Posted by: Karen Belcher on Nov 7, 2019

Nearly three years after the court dismissed the plaintiff’s healthcare liability action against the defendant, Plaintiff filed this breach of contract action based on the same underlying facts and circumstances. The trial court dismissed the plaintiff’s breach of contract claim as barred by the doctrine of res judicata. We affirm.

Posted by: Karen Belcher on Nov 7, 2019

Wayne Hixson and Eric Hixson (the Hixsons) granted a perpetual, exclusive easement to American Towers, LLC (ATC)1 to operate a telecommunications system at the top of a hill on their property. For many years, the hill experienced progressive slope failures. A recent mudslide caused thousands of dollars in property damage to the Hixsons and All Things Fast Motorsports, LLC (All Things Fast), a metal fabrication business owned by Wayne Hixson’s grandson. ATC spent thousands of dollars to move a generator away from the slope failure. The parties fear that the cell tower could collapse.

Posted by: Karen Belcher on Nov 7, 2019

Appellant appeals the trial court’s dismissal of his appeal from general sessions court in this unlawful detainer action. The general sessions court granted immediate possession of the disputed property to Appellee, and Appellant appealed to the circuit court. Although Appellant remained in possession of the property, he did not post the required possessory bond. Tenn. Code Ann. § 29-18-130(b)(2). The trial court dismissed the appeal finding that, in the absence of the required bond, it had no subject matter jurisdiction to hear the case.

Posted by: Karen Belcher on Nov 7, 2019

This appeal concerns a clerk and master’s petition for additional staff. Kay Solomon Armstrong, Clerk and Master of Greene County (“Petitioner”), filed a petition against the County Mayor (“Defendant”) in the Chancery Court for Greene County (“the Trial Court”) seeking additional staff for her office.2 After a trial, the Trial Court entered an order replacing one half-time position in the office with one full-time position. The Trial Court also awarded Petitioner attorney’s fees and expenses to be paid from the fees of the Clerk and Master’s Office.


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