This is a breach of trust action by a trust beneficiary, Nancy Hardison (Stokes) Williams (“Plaintiff”), against the co-trustees, Ernest K. Hardison, III, and Cumberland Trust and Investment Company (collectively “Defendants”). The issues raised in this appeal only pertain to Plaintiff’s claims against Cumberland Trust and Investment Company (“Cumberland”). Plaintiff alleged, inter alia, that Cumberland committed a breach of trust by failing to properly manage and invest trust assets resulting in the trust sustaining significant financial losses. In her effort to recover damages against Cumberland, Plaintiff also sought to declare two trust indemnity and investment agreements—which she and all qualified beneficiaries entered into with Cumberland in 2006 and 2009—void ab initio on the basis that they are unenforceable pursuant to Tennessee Code Annotated § 35-15-1008 because they violate a material purpose of the trust. She also contended that the agreements are unenforceable because they constitute “an abuse of a fiduciary or confidential relationship” pursuant to Tennessee Code Annotated § 35-15-1008(b). Upon the motion of Defendants for partial summary judgment, the trial court dismissed all of Plaintiff’s claims arising prior to July 1, 2016, as barred by the one-year statute of limitations set forth in Tennessee Code Annotated § 35-15-1005(a). Additionally, upon the finding that Plaintiff and the qualified beneficiaries had released Cumberland from liability pursuant to the indemnity and investment agreements, the trial court summarily dismissed all remaining claims against Cumberland. The court then awarded Cumberland its attorney’s fees and costs in the amount of $45,594.70 pursuant to Tennessee Code Annotated § 35-15-1004(a). This appeal followed. We affirm the trial court in all respects. We also find that Cumberland is entitled to recover the reasonable and necessary attorney’s fees and expenses it has incurred in this appeal and remand this issue to the trial court to make the appropriate award.

This began as an immediate appeal of an order dismissing a suit under the Tennessee Public Participation Act. After the plaintiffs voluntarily dismissed the appeal, the only issue that remains is the request of the defendants, now proceeding as appellants, for an award of attorney’s fees, costs, and expenses incurred on appeal. Because an award is mandatory, we grant the request and remand to the trial court to determine the amount.

Bringing a suit pro se, a Patient sued his healthcare providers under the Tennessee Health Care Liability Act. The trial court dismissed the Patient’s claims, deeming them time- barred. Instead of promptly appealing that order, the Patient serially submitted various motions over the course of approximately a year. The trial court denied the Patient’s motions. The Patient appeals. Concluding that this court lacks subject matter jurisdiction, we dismiss the Patient’s appeal.

A father appeals the termination of his parental rights to his child. The trial court terminated his parental rights on the grounds of abandonment by failure to visit, abandonment by failure to support, substantial noncompliance with the permanency plan, and failure to manifest an ability and willingness to assume custody. It also determined that termination was in the child’s best interest. We affirm.

After pleading guilty to evading arrest and being sentenced to probation, Bobby Ray Ladd, Jr., Defendant, was the subject of several probation violation warrants. After a hearing, the trial court determined that Defendant violated probation and ordered the probationary sentence revoked. Defendant appeals, arguing that the trial court improperly admitted hearsay evidence at the violation hearing. Because the record is inadequate for our review, we determine that Defendant has waived the issue. Accordingly, the judgment of the trial court is affirmed.

Defendant, Demond Maurice Buchanan, appeals his resentencing resulting in a 52-year sentence, imposed following the trial court’s revocation of his original 12-year community corrections sentence. Defendant argues the sentence is excessive and the trial court misapplied enhancement factors. Following our review of the entire record and the briefs of the parties, we affirm the judgments of the trial court in all respects, but, because Defendant’s 12-year sentence for evading arrest in case number 2016-C-1352 is illegal, we modify the sentence to six years and remand for entry of a corrected judgment in that case.

Former Chattanooga City Councilman and City Administrator Moses Freeman died Aug. 3 at age 86. He represented Chattanooga's District 8 from 2013-2017 and he dedicated himself to improving the city's Martin Luther King Jr. Boulevard. Fox Chattanooga has remembrances of Freeman from city leaders. Visitation will be Aug. 11 from 2-6 p.m. EDT at John P. Franklin Funeral Home, 1101 Dodds Ave., Chattanooga 37404. Services are scheduled for Aug. 12 at 11 a.m. EDT at Second Missionary Baptist Church, 2305 E. Third St., Chattanooga 37404.

Jonathan Cole, a lawyer with Baker Donelson in Nashville, became chair of the American Bar Association (ABA) House of Delegates at the conclusion of the 2024 ABA Annual Meeting in Chicago. As chair of the House of Delegates, the ABA’s policymaking body, Cole will serve for two years in the second-highest office in the association. Action taken by the House of Delegates on specific issues becomes official policy of the ABA. Cole has been a member of the House of Delegates since 2009 and currently serves as one of Tennessee's state delegates. Cole received his law degree from the University of Tennessee College of Law in 1994. Read more in a press release from the ABA and see a photo from the event.

Schools across the state are opening this week and school nurses are learning about a new "consent to treat" law that went into effect July 1. School nurses will no longer be able to provide non-emergency care without a signed parental consent form on file. Emergencies are the exception to the new requirements. The Nashville Banner reports that alleged violations of the law could result in the nurse losing her license or facing a civil lawsuit. Sen. Ferrell Haile, R-Gallatin, sponsored the Families’ Rights and Responsibilities Act and said that the intent of the bill was “not to change current practice” but instead to recognize the rights of parents to control the education and medical treatment of their children.

Tennessee Attorney General Jonathan Skrmetti has announced a “major bipartisan win” in federal court against Google following a ruling from U.S. District Court Judge Amit Mehta that Google violated federal antitrust law, specifically Section 2 of the Sherman Act, regarding the monopolization of its search and advertising business. In a statement released today, Skrmetti said, “I’m proud my Office was part of the trial team that successfully proved Google is an illegal monopolist. We will continue to work alongside our AG partners and the Department of Justice’s Antitrust Division to protect consumers from Google’s anticompetitive conduct.” Reuters has more on the ruling.