SUTTON, Chief Judge. The City of Madisonville condemned one of several mobile homes that Michael and Rebecca McIntosh own in their Kentucky town. The City demolished the property a month later. The McIntoshes filed this § 1983 action in response, alleging that the City deprived them of their due process rights to notice and the opportunity to be heard before tearing down the mobile home, among other claims. The district court granted the City’s motion for summary judgment. Because triable issues remain over whether the City provided the McIntoshes an adequate opportunity to be heard, we reverse its disposition of this claim and affirm its handling of the other claims.

The Defendant, Jonathan Cole Treadway, appeals his jury conviction of possession of a firearm by a convicted felon, for which he received a Range I setence of eighteen years' incarceration. In this appeal, the Defendant argues that the evidence was insufficient ot support his conviction and that the trial court erred in its weighing of the enhancement and mitigating factors during sentencing. Following our review, we affirm the judgment of the trial court.

A Dickson County jury convicted the Defendant, Jimmy Uhl, of aggravated sexual battery, and the trial court sentenced him to twelve years of incarceration. On appeal, the Defendant contends that the trial court erred when it denied his motion for a mistrial and when it sentenced him. Following our review, we affirm the trial court’s judgment. We remand to the trial court to make the requisite findings with respect to the fine imposed by the jury.

The pro se Defendant, Kyle J. Frey, was convicted by a Williamson County jury of driving under the influence of an intoxicant (DUI); DUI per se; resisting arrest; and speeding. See T.C.A. §§ 55-10-401 (DUI) (2024); 39-16-602(a) (2018) (resisting arrest); 55-8-152 (Supp. 2021) (subsequently amended) (speeding). The trial court merged the DUI convictions. The Defendant received an effective sentence of eleven months and twenty-nine days, suspended to supervised probation after service of sixty days’ incarceration. On appeal, the Defendant alleges that the trial court did not have subject matter jurisdiction. We conclude that the Defendant’s brief fails to comply with Tennessee Rule of Appellate Procedure 27 and Tennessee Court of Criminal Appeals Rule 10(b) and that the appellate record is incomplete. See T.R.A.P. 24(b). Accordingly, the Defendant’s issues are waived, and his appeal is dismissed.

Mother appeals the trial court’s decision to modify the parties’ parenting plan and name Father primary residential parent of the parties’ two children. Discerning no reversible error, we affirm.

This appeal involves a petition to terminate parental rights of a mother and father to their young son. The trial court found by clear and convincing evidence that a ground for termination existed due to a prior finding of severe child abuse and that termination of parental rights was in the best interest of the child. The parents appeal. We affirm.

January 13, 2025 - January 17, 2025.

Tennessee Court of Criminal Appeals Judge Camille McMullen last week overturned the second-degree murder conviction of William Britton. The Tennessean reports that McMullen overturned Britton's conviction and remanded the case back to a Davidson County courtroom for a new trial after she found evidence — rap lyrics and screen shots of music videos — presented during the trial were highly prejudicial. Britton performed as a rapper under the name Lil Will. Prosecutors in the 2022 case used Britton's rap lyrics as proof of his state of mind, arguing that the 2020 killing of Kendall Ostine was premeditated. The appeal was part of oral arguments during the TBA's Court of Criminal Appeals Boot Camp in October.

The Tennessee Court of Appeals recently decided a case involving a forum selection clause in a contract. The case of Lakeway Real Estate2 LLC v. ERA Franchise Systems LLC involves a dispute over a noncompete provision in a franchise agreement. The franchisee, Lakeway Real Estate2 LLC, sought declaratory relief from the chancery court, arguing that the noncompete provision in the franchise agreement was unenforceable. The franchisor, ERA Franchise Systems LLC (ERA), moved to dismiss the complaint because the forum selection clause in the agreement designated specific courts in New Jersey as the proper venue. The court quoted the clause at issue, stating:

"Venue and Jurisdiction. You submit to the non-exclusive personal jurisdiction of the state and federal courts of New Jersey for any litigation arising out of or related to this Agreement or to any aspect of the business relationship between the parties. Such litigation will have venue in state courts in Morris County, New Jersey, or in the United States District Court for the District of New Jersey."

The trial court granted the franchisor’s motion to dismiss, finding the clause as mandating exclusive jurisdiction in New Jersey. The franchisee appealed, arguing that the clause was permissive, not exclusive, and allowed for jurisdiction in New Jersey but did not require it.

The Tennessee Court of Appeals reversed the trial court’s decision, agreeing with the franchisee. The appellate court found that the clause provided for non-exclusive personal jurisdiction in New Jersey. Under the agreement, the specified New Jersey courts were an option; however, they were not the only venues where litigation could be filed. The court emphasized that the clause should be read as a whole, and using the term “non-exclusive” indicated that New Jersey was a permissive, not mandatory, forum. Specifically, the Tennessee Court of Appeals determined that:

"[T]he inclusion of 'non-exclusive' in the first sentence of the [forum selection clause] is evidence of the parties' intent at the time of drafting to make New Jersey a permissive, but not mandatory, jurisdiction for disputes arising out of the Agreement. The first sentence means that the parties have consented to the state and federal courts of New Jersey having jurisdiction over them. This is not to say, however, that they are consenting to personal jurisdiction only in New Jersey."

In addition to reciting well-established contract interpretation principles, the court’s opinion provides a helpful reminder to Tennessee practitioners when the parties to a contract desire to have disputes related to the contract litigated in a specific place.[1] While the two ideas are sometimes practically synonymous, the distinct concepts of jurisdiction and venue are analyzed separately in a forum selection clause. Accordingly, if the intention of the parties is to resolve disputes in a specific locale, the contract should provide both for an agreement on the jurisdiction (i.e., consent to suit in a specific state) and an agreement that the case will be brought in a particular county within the jurisdiction and/or in a specified federal district court within the selected state. Otherwise, such as in this case, there may be a mandatory/permissive mismatch where the venue is specified, but the jurisdiction is not exclusive.

Justin Joy is a shareholder in the Memphis office of Lewis Thomason PC, and he is a former chair and current executive council member of the TBA Business Law Section. In addition to a range of experience in information privacy, cybersecurity and health law matters, Joy has a variety of experience in various civil litigation matters, including business and commercial litigation, insurance coverage disputes and business torts. He also provides counsel to small and midsize private businesses in various governance, operational and strategic matters.

The Legal Aid Society of Middle Tennessee and the Cumberlands (LAS) will hold three legal advice clinics this week. Tomorrow, the group will hold a clinic for veterans from 11 a.m. to 1 p.m. at Operation Stand Down, 1125 12th Ave. S., Nashville 37203 and a general advice clinic at the Nashville Public Library's Downtown Branch, 615 Church St., Nashville 37219. On Thursday, a walk-in clinic will take place from 3 to 4:30 p.m. at Greenhouse Ministries, 309 S. Academy St., Murfreesboro 37130. All times central. Get details and links to sign up for each clinic on the LAS online calendar.