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Posted by: Chandra Williams on Jul 29, 2015

Suit was brought for personal injuries allegedly sustained in a slip-and-fall at Defendant?s restaurant. Plaintiffs filed a notice of voluntary non-suit and then re-filed the complaint within a year of dismissal; service of process was not obtained for twenty months. On Defendant?s motion to dismiss the complaint as being ineffective because of Plaintiffs? alleged intentional delay in securing service of summons in contravention of Tenn. R. Civ. P. 4.01(3), the court held that the delay was intentional and dismissed the complaint.

Posted by: Chandra Williams on Jul 29, 2015

In this action seeking to enforce a judgment lien against the debtor‘s real property, the debtor claimed that he was not properly served with process in the underlying lawsuit wherein the judgment was entered. The trial court granted summary judgment to the creditor, and the debtor appealed. We affirm the trial court‘s grant of summary judgment based on the validity of the underlying judgment, determining that such judgment was not void on its face and thus not subject to collateral attack.

Posted by: Chandra Williams on Jul 29, 2015

The dispositive issue in this appeal is whether the terms of an attorney-client retainer agreement preclude the attorneys from recovering any fees for representation of the decedent’s estate in an action to recover assets from the decedent’s son. Prior to her death, the decedent commenced an action against her son to recover the value of a new home she constructed on her son’s property, which was prior to the engagement of the attorneys whose fees are at issue.

Posted by: Chandra Williams on Jul 29, 2015

A pro se litigant brought suit in the General Sessions Court for Smith County over a dispute with a neighbor. The general sessions court dismissed the case for lack of subject matter jurisdiction. The plaintiff appealed to the Circuit Court, where his claims were once again dismissed for lack of subject matter jurisdiction. Because in this circumstance we conclude that only a chancery court had subject matter jurisdiction to hear the dispute, we affirm.

Posted by: Chandra Williams on Jul 29, 2015

In 2009, William Wayne Cutshaw and Tincy Faye Cutshaw sold a piece of commercial real property (the property) to Kenton D. Hensley and Pamela F. Hensley. The property was improved with a retail business whose trade name was Glendale Market & Deli. The total purchase price of the property, including its contents, was $215,000. The Hensleys executed two notes, one of which was for $175,000. It was secured by a deed of trust on the property. After the Hensleys defaulted in 2011, the Cutshaws bid in the property at a foreclosure sale for $20,000.

Posted by: Chandra Williams on Jul 29, 2015

The Department of Children’s Services (“DCS”) and the Guardian ad Litem both filed petitions in the Juvenile Court for Johnson County (“the Juvenile Court”) seeking to terminate the parental rights of D.A.F. (“Father”) and J.D.F. (“Mother”) to four of their minor children: C.A.F., born 08/06; J.A.F., born 01/08; C.R.F., born 01/09; and, S.R.F., born 09/11 (“the Children,” collectively). The ground alleged was severe child abuse, of a sexual nature.

Posted by: Chandra Williams on Jul 28, 2015

Petitioner, Roy Len Rogers, was convicted of first degree premeditated murder, second degree murder, and reckless endangerment. State v. Roy Len Rogers, No. E2011-02529- CCA-R3-CD, 2013 WL 5371987, at *1 (Tenn. Crim. App. Sept. 23, 2013), perm. app. denied (Tenn. Apr. 11, 2014). The trial court merged the second degree murder conviction into the first degree murder conviction and sentenced petitioner to a mandatory life sentence for the murder conviction and to a concurrent term of eleven months and twenty-nine days for the reckless endangerment conviction. Id.

Posted by: Chandra Williams on Jul 28, 2015

The defendant, James Andrew Paige, pled guilty to one count of aggravated statutory rape, a Class D felony. He received a five-year sentence as a Range II offender with the trial court to determine the manner of service. The trial court ordered the defendant to serve his sentence in incarceration. On appeal, the defendant contends that the trial court erred in denying him alternative sentencing. Following our review, we affirm the judgment of the trial court.

Posted by: Chandra Williams on Jul 28, 2015

Appellant, Dominique Ramell Jarrett, entered a guilty plea to carjacking, a Class B felony, and received the agreed-upon sentence of eight years with the trial court to determine the manner of service. Following a sentencing hearing, the trial court denied all forms of alternative sentencing and ordered appellant to serve his sentence in the Tennessee Department of Correction. It is from this judgment that he now appeals. Following our review, we affirm the judgment of the trial court.

Posted by: Chandra Williams on Jul 28, 2015

The defendant, Zantuan A. Horton, appeals the revocation of his probationary sentence, claiming that the trial court erred by ordering that he serve the balance of his sentence in confinement. Discerning no error, we affirm.


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