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Posted by: Azya Thornton on Nov 4, 2025

Defendant, Keelan Washington, appeals the trial court’s denial of his petition for judicial diversion. Defendant asserts that the trial court abused its discretion by failing to set forth its reasons for denying diversion and by failing to comply with the purposes and principles of the Sentencing Act. After a review of the record, we reverse the judgments of the trial court and remand for proceedings consistent with this opinion.

Posted by: Azya Thornton on Nov 4, 2025

Appellee filed this action, as next of kin of Decedent, against Appellant nursing facility alleging that Appellant was negligent in its care of Decedent. Appellee also asserted a wrongful death claim. Appellant filed a motion to compel arbitration on its allegation that Decedent signed a binding arbitration agreement before being admitted into its facility. The trial court found that Appellant failed to authenticate the alleged arbitration agreement and concluded that there was no evidence of a binding arbitration agreement between Appellant and Decedent. As such, the trial court denied the motion to compel arbitration. Discerning no error, we affirm.

Posted by: Azya Thornton on Nov 4, 2025

A grandmother made a series of loans to her grandson totaling $147,000 to help with his restaurant business. After personal attempts to collect on the loan failed, the grandmother filed a complaint for breach of contract and unjust enrichment. A default judgment against the grandson was granted in 2012, and the grandmother made several unsuccessful attempts to collect on the judgment. After the grandmother’s death, her trustee motioned for substitution as the judgment creditor and for an extension of the judgment, which was granted, and the trustee then began collection efforts, none of which were successful. Only after the trustee filed a charging order against the grandson and his businesses did the grandson respond to the suit, more than ten years after the original default judgment had been granted. The grandson filed a Rule 60.02 motion to set aside the substitution and extension order, and when that was denied, he appealed to this court. While on appeal, the grandson motioned this court for a remand to the trial court to file a Rule 60.02 motion to set aside the default judgment, which we granted. The trial court denied the motion to set aside the default judgment, and the grandson appealed that decision to this court. Finding that the motion for substitution and extension was timely filed, we affirm the trial court’s denial of the grandson’s motion to set aside order of substitution and extension. We also affirm the trial court’s determination that the default judgment is valid and binding and affirm the trial court’s denial of the motion to set aside default judgment.

Posted by: Azya Thornton on Nov 4, 2025

This appeal involves a petition to terminate the parental rights of a mother to two of her three children. The juvenile court found that three grounds for termination were proven and that termination was in the best interests of the children. The mother appeals. We affirm.

Posted by: Stacey Shrader Joslin on Nov 4, 2025

The Knox County Juvenile Court will hold its annual Chili Cook-Off Luncheon & Basket Auction on Nov. 14. All proceeds will benefit the Annual Foster Care Appreciation Dinner for foster care parents and go to meet emergency needs of children in foster care. Learn more about participating in the chili cook-off in this flyer. Baskets for the auction also are needed. For more information or for questions contact Morgan Gage or at 865-215-6475.

Posted by: Julia Wilburn on Nov 4, 2025

Emily Hatch Bowman has been named the new Nashville office managing partner for Bradley, according to a press release from the firm. Bowman assumes the role previously held by Lauren Jacques, who served as office managing partner for the last four years and oversaw the firm’s move to the ONE 22 ONE building in the Gulch in January 2024. Bowman joined Bradley in 2000 and has more than 25 years of experience in real estate finance. Her practice spans the country, serving as lead counsel on a wide range of real estate finance transactions. Of her new role, Bowman says, “We are committed to deepening our relationships with clients, hiring the most talented attorneys from across the city who provide representation in key industries, and continuing to grow our presence in Nashville and nationally.”

Posted by: Julia Wilburn on Nov 4, 2025

Roane County lawyer Eric John Montierth received a public censure from the Tennessee Supreme Court on Nov. 4. A client hired Montierth to file two types of immigration petitions for both her parents and her husband. The client signed a written fee agreement and paid a total of $6,500 in nonrefundable fees. Three months later, Montierth closed his immigration practice but did not notify his client. The court also found that Montierth did no work on behalf of the client, and failed to respond to a disciplinary complaint. The court determined that Montierth violated Rules of Professional Conduct 1.16, 1.3, 1.4, 1.5 and 8.1 and ordered him to make restitution in the amount of $6,500 to the client within 120 days.

Posted by: Julia Wilburn on Nov 4, 2025

On Nov. 18, the TBA Appellate Practice Section will host a free webinar titled "Application Granted: Strategies for Seeking Permission to Appeal Under Tenn. Rule of Appellate Procedure 11." The session will provide guidance for lawyers seeking permission to appeal a civil or criminal case to the state Supreme Court. Tennessee Supreme Court Chief Justice Jeff Bivins, court staff attorneys Elizabeth Ryan and Edmund Sauer, and experienced appellate practitioners Brennan Wingerter and Kristine Roberts will share best practices, lessons learned and practical advice for getting an application granted. One hour of general CLE credit is available for a $50 processing fee. Contact TBA staff member Jarod Word at jword@tnbar.org with questions regarding CLE credit.

Posted by: Julia Wilburn on Nov 4, 2025

Bolivar Mayor Julian McTizic has announced he will run for the District 80 seat in the Tennessee House of Representatives. The seat is currently held by Rep. Johnny Shaw, D-Bolivar, who says he is not seeking reelection in 2026. The Tennessee Journal reports that McTizic will run for the seat as a Republican. “I see this as a tremendous opportunity to continue my efforts in helping the community I love so much. My entire career has focused on helping people in need, and I would be blessed to and honored to serve the citizens of Hardeman, Haywood and Madison counties in the state house,” McTizic said. He is the youngest and first Black mayor of Bolivar and has served in that office since 2017. McTizic is president of the Tennessee Mayor’s Association and the West Tennessee Mayor’s Association. WBBJ has more on the story.

Posted by: Julia Wilburn on Nov 4, 2025

The oversight board of Knox County's Richard L. Bean Juvenile Detention Center plans to remain in place for another six months before deciding whether to hand control of the troubled facility to the sheriff’s office. According to Knox News, the board wants more time to respond to a new report from the University of Tennessee's County Technical Advisory Service, which found severe security lapses, outdated practices, poor recordkeeping and even evidence of animals once housed in the building. The report described the facility as “frozen in time,” citing unlicensed operations and excessive overtime costs. While interim leaders work on urgent fixes, county officials are considering long-term options, including a proposal from the McNabb Center to create a “blended model” that integrates mental health treatment for detained youth.


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