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Posted by: Chandra Williams on Jul 29, 2016

This interlocutory appeal arises out of the design and construction of a six-story hotel. The owner of the hotel sued LLW Architects, Inc. for breach of contract based on an AIA Standard Form of Agreement Between Owner and Architect. The owner also asserted claims for professional liability against LLW and its principal architect, Dell Livingston, alleging the breach of a duty of care in carrying out their professional services. The trial court summarily dismissed all claims against LLW and Mr.

Posted by: Chandra Williams on Jul 29, 2016

In this divorce action, Father appeals the trial court’s classification of the marital residence as an asset and the division of the marital estate. He also challenges the designation of Mother as the primary residential parent and the residential schedule. For her issue, Mother contends she should be granted exclusive authority to make all major decisions regarding the child due to the parents’ inability to agree upon such matters. We affirm the trial court’s classification and division of the marital estate.

Posted by: Chandra Williams on Jul 28, 2016
In this child support arrearage case Jennifer L. Waldo (“Respondent”) appeals the June 24, 2015 order of the Juvenile Court for Roane County (“the Trial Court”) finding Respondent in civil contempt and sentencing Respondent to incarceration in the Roane County Jail with the incarceration held in abeyance so long as Respondent pays at least $50.00 per month toward child support.
Posted by: Chandra Williams on Jul 28, 2016

On August 4, 2013, Kevin Beazley, a resident at Middle Tennessee Mental Health Institute (MTMHI), attacked Billy Joe Newman, another patient and resident, causing injuries that resulted in Newman?s death. His widow, Unitta Sue Newman (plaintiff), brought this action against several corporations (defendants) that provided nursing and medical staff to MTMHI. The trial court dismissed the complaint with prejudice, on the grounds that it was governed by the Tennessee Health Care Liability Act (THCLA), and plaintiff did not comply with either the pre-suit notice requirement of Tenn. Code Ann.

Posted by: Chandra Williams on Jul 28, 2016

Mother appeals the termination of her parental rights to her seventeen-year-old daughter. We have concluded that the Department failed to prove by clear and convincing evidence that it is in the child’s best interest to terminate her mother’s parental rights in part because the child is seventeen years old, is not a candidate for adoption, and intends to maintain a relationship with Mother when she turns eighteen. Therefore, we reverse the termination of Mother’s parental rights to her seventeen-year-old daughter.

Posted by: Chandra Williams on Jul 28, 2016

Mother appeals the termination of her parental rights to her seventeen-year-old daughter. We have concluded that the Department failed to prove by clear and convincing evidence that it is in the child’s best interest to terminate her mother’s parental rights in part because the child is seventeen years old, is not a candidate for adoption, and intends to maintain a relationship with Mother when she turns eighteen. Therefore, we reverse the termination of Mother’s parental rights to her seventeen-year-old daughter.

Posted by: Chandra Williams on Jul 28, 2016

The mother of a child born in January 2015 appeals the termination of her parental rights. In March 2015, the two-month-old child was placed in state custody after the Department of Children’s Services received a referral that the child had been exposed to drugs in utero. Thereafter, the juvenile court adjudicated the child dependent and neglected and found that the mother had committed severe child abuse as defined in Tenn. Code Ann. § 37-1-102(b)(21). The mother did not appeal this order. In June 2015, the Department filed a petition for termination of parental rights.

Posted by: Chandra Williams on Jul 28, 2016

The appellee, Thomas Braden, was indicted for possession of cocaine, possession of marijuana, and possession of Alprazolam, all misdemeanors. He filed a motion to suppress the evidence, arguing that the affidavit in support of the search warrant for the home in which the drugs were found was defective because it failed to establish ongoing criminal activity at the residence. The Maury County Circuit Court granted the motion, and the State now appeals. Upon review of the oral arguments, the record, and the parties? briefs, we affirm the judgment of the trial court.

Posted by: Chandra Williams on Jul 27, 2016

The Defendant, Brian Lee Webb, was convicted by a Benton County jury of rape of a child (Count 1) and aggravated sexual battery (Count 2). He was sentenced to a concurrent term of forty years? confinement for the child rape conviction and twelve years? confinement for the aggravated sexual battery conviction, for an effective sentence of forty years in the Tennessee Department of Correction (TDOC). On appeal, the Defendant argues that the evidence is insufficient to sustain his convictions and that the trial court erred in not considering certain mitigating evidence in sentencing.

Posted by: Chandra Williams on Jul 27, 2016

Following a jury trial, the Defendant, James Lackey, was convicted of one count of second degree murder, see Tennessee Code Annotated section 39-13-210, for which he received a sentence of twenty-two years to be served at one-hundred percent. On appeal, the Defendant contends (1) that the evidence was insufficient to support his conviction, arguing that the proof supported a finding that he acted in self-defense, and (2) that the twenty-two year sentence imposed was excessive. Following our review, we affirm the judgment of the trial court.


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