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Posted by: Karen Belcher on Oct 30, 2019

This appeal concerns termination of parental rights. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Chancery Court for Obion County (“the Trial Court”) seeking to terminate the parental rights of Emily M. M.-A. (“Mother”) to her minor children Adrian, Maribel, Alisiana, and Elena (“the Children”). The Children had been exposed to methamphetamine in Mother’s care.

Posted by: Karen Belcher on Oct 30, 2019

This appeal involves payment disputes arising out of a public construction project. Among other things, the case involves claims made by an equipment supplier against a subcontractor, the project’s general contractor, and the general contractor’s bonding company, and claims made by the same subcontractor against the general contractor. Following a trial, the trial court granted the supplier a judgment against the subcontractor and granted the subcontractor a judgment against the general contractor. The supplier’s claim against the general contractor and its bonding company was denied.

Posted by: Karen Belcher on Oct 30, 2019

Appellant city appeals from the dismissal of its negligent misrepresentation claim on the basis of the economic loss doctrine, arguing that Tennessee law recognizes an exception to the economic loss doctrine for negligent misrepresentations. Because we conclude that Tennessee law does not recognize a negligent misrepresentation exception to the economic loss doctrine, we affirm the decision of the trial court.

Posted by: Karen Belcher on Oct 30, 2019

This appeal arises from the denial of a petition based on Tennessee’s Grandparent Visitation Statute. The parents of the deceased mother of a new-born child filed a petition to obtain visitation with their three-month-old granddaughter. The child’s father opposed the petition. Following discovery, the father filed a motion to dismiss or for summary judgment on the ground that there was no danger of substantial harm to the child if visitation was denied because there was no evidence that the grandparents had a significant relationship with the child.

Posted by: Karen Belcher on Oct 30, 2019

Plaintiff client sued Defendant attorney and law firm for damages tied to a breach of an attorney’s fees contract following the completion of an arbitration matter. Following a jury trial, the jury returned a verdict in favor of defendants. Plaintiff appeals the denial of its motion for directed verdict and motion for new trial.

Posted by: Karen Belcher on Oct 29, 2019

MERRITT, Circuit Judge. This appeal arises from Plaintiff Kevin McGee’s termination from the Summit County Board of Developmental Disabilities, an institution of local government in Ohio. In this appeal, Plaintiff argues that the District Court erred in granting Defendants’ motion to compel arbitration; denying Plaintiff’s motion to vacate the arbitration award; and granting Defendants’ motion for summary judgment regarding Plaintiff’s breach of contract claims. For the reasons below, we AFFIRM.

Posted by: Karen Belcher on Oct 29, 2019

Appellant/Husband appeals the trial court’s denial of his Tennessee Rule of Civil Procedure 59.04 motion to reopen proof in this divorce case. By his motion, Husband sought to introduce allegedly “newly discovered evidence” concerning the premarital value of his retirement account. The trial court denied the motion, finding that the evidence, which consisted of Husband’s previous divorce decree, was a matter of public record and was available to Husband during discovery in the instant divorce matter. We conclude that the trial court did not abuse its discretion in denying Husband’s motion.

Posted by: Karen Belcher on Oct 29, 2019

Father appeals the juvenile court’s decision to deny him equal parenting time. Because the trial court’s order does not contain sufficient findings of fact and conclusions of law as to the statutory best interest factors contained in Tennessee Code Annotated section 36-6-106(a), we vacate the judgment of the trial court and remand for the entry of a proper order.

Posted by: Karen Belcher on Oct 29, 2019

This is an appeal from the trial court’s termination of a mother’s parental rights and denial of the maternal grandmother’s petition for grandparent visitation. The court terminated the mother’s rights on the grounds that she abandoned the child by willfully failing to visit and support the child, and failed to manifest an ability or willingness to assume personal custody of the child. The court also found that termination of the mother’s rights was in the child’s best interest.

Posted by: Karen Belcher on Oct 29, 2019

The plaintiffs filed a complaint seeking recovery for improvements they had made to real property that had been purchased at a foreclosure sale by the defendant. When the plaintiffs originally purchased the property, the defendant as mortgagee held a deed of trust on it. Due to a fraudulently recorded release of that deed of trust, however, the plaintiffs purchased and improved the property, believing that they had clear title. The defendant did not learn of the various improvements to the property until after the improvements were complete.


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