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Posted by: Karen Belcher on Mar 7, 2024

In this divorce action, the husband appeals the trial court’s division of the marital estate, its determination that he was underemployed, and the wife’s awards of alimony. For the reasons stated herein, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Mar 7, 2024

This appeal arises from a Tennessee Public Records Act (“TPRA”) petition to access a Tennessee Department of Children’s Services (“DCS”) case file regarding its investigation into the fatality of a fourteen-year-old boy. The petition also sought disclosure of the investigation into the child’s death, as well as four prior investigations related to the same child, pursuant to Tennessee Code Annotated § 37-5-107. Prior to the filing of the petition, the petitioner, Stacy Jacobson (“Ms. Jacobson”), submitted a written request to obtain the unredacted version of the deceased child’s case file, along with the records from four prior DCS investigations related to the child. DCS denied the requests, citing several legal bases, including Tennessee Code Annotated § 37-5-124, Tennessee Code Annotated §§ 37-1-409 and 612, Tennessee Code Annotated § 37-5-107, Tennessee Rule of Criminal Procedure 16 (“Rule 16”), and the 2013 Davidson County Chancery Court order requiring that DCS redact all such records to eliminate information made confidential under state law. Thereafter, Ms. Jacobson filed a petition in the Chancery Court of Davidson County to obtain access to the unredacted public records, the four related investigative files, and for her attorney’s fees and costs. The trial court denied the petition, finding that, under “the state law exception” to the TPRA, which encompasses Rule 16, the redacted portions of the case file and the four related investigative files are exempt from disclosure because they are relevant to an ongoing criminal prosecution of the deceased child’s family members who are alleged to be responsible for his abuse and death. Ms. Jacobson subsequently filed a motion to alter or amend judgment, arguing that the trial court had failed to consider whether the DCS records from the prior investigations involving the deceased child were part of the child’s “full case file.” The trial court denied the motion, finding that a ruling on this issue would constitute an advisory opinion. Ms. Jacobson appeals the trial court’s denial of her requests. For the reasons explained below, we vacate the judgment of the trial court and remand for further proceedings.

Posted by: Karen Belcher on Mar 7, 2024

This is an appeal from an Order Granting Respondents’ Motions to Dismiss and Denying Petitioner’s Writ of Certiorari and Mandamus. Because the appellant did not file a notice of appeal within thirty days after entry of the final judgment as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal.

Posted by: Stacey Shrader Joslin on Mar 7, 2024

Chattanooga attorney Kisha Cheeks officially kicked off her bid for Hamilton County Circuit Court judge. She is running as a Democrat and will face current Hamilton County General Sessions Judge Alex McVeagh in the August general election. McVeagh won the Republican primary on Tuesday. Cheeks has served as the principal attorney at the Cheeks Rucker Firm for the past seven years. She says serving as a judge would be the “opportunity of a lifetime.” Read more about her campaign from Chattanoogan.com.

Posted by: Karen Belcher on Mar 7, 2024

A husband challenges the issuance of an order of protection prohibiting him from contacting his wife. Finding that the evidence supports the issuance of an order of protection and that the husband has waived any objection to improper venue, we affirm.

Posted by: Karen Belcher on Mar 7, 2024

This appeal concerns a landlord/tenant dispute. Tricap Cross Creek Associates, LLC (“Plaintiff”), the landlord, filed a detainer action against Gabriel Corzo (“Defendant”), the tenant, in the General Sessions Court for Hamilton County. Judgment was entered for Plaintiff. Defendant appealed to the Circuit Court for Hamilton County (“the Trial Court”). Plaintiff filed a motion for summary judgment, which the Trial Court granted. Defendant appeals, arguing that genuine issues of material fact exist. Plaintiff asks, pursuant to the lease, for an award of attorney’s fees and costs incurred on appeal. As Defendant never responded to Plaintiff’s statement of undisputed material facts, he failed to show a genuine issue of material fact existed. We affirm. On remand, the Trial Court is to determine and award to Plaintiff its reasonable attorney’s fees and costs incurred on appeal.

Posted by: Karen Belcher on Mar 7, 2024

In this case, the employee asserted he injured his low back while employed by one of the defendant-employers in 2020, then injured his low back and right hip while employed by the second defendant-employer in 2022. The employee filed a petition against each employer, asserting a separate accident as to each employer resulting in distinct injuries. Upon motion by the earlier employer, the trial court entered an order consolidating the two actions pursuant to Rule 42.01 of the Tennessee Rules of Civil Procedure. Thereafter, the trial court conducted an interlocutory hearing of the consolidated actions, at which it admitted and considered evidence submitted by the previous employer in both actions over the objection of counsel for the later employer. Following the interlocutory hearing of the consolidated cases, the court awarded the employee medical and temporary disability benefits against the later employer based, in part, on expert medical evidence that had been introduced by the earlier employer. The later employer has appealed, arguing the court’s consideration of evidence filed by the earlier employer in the action against it effectively relieved the employee of his evidentiary burden to prove an entitlement to workers’ compensation benefits. Having thoroughly considered the claims, we vacate the trial court’s order and remand the matter for further proceedings consistent with this opinion.

Posted by: Paul Burch on Mar 7, 2024

Join the Tennessee Lawyers Assistance Program (TLAP) on March 12 from noon to 2 p.m. CDT for QPR Gatekeeper Training, a free educational training program on suicide prevention. The event will take place in person in the Nashville office of Sherrard Roe Voit & Harbison, 150 3rd Ave S. #1100, Nashville 37201. "Question, Persuade and Refer" (QPR) is designed so that anyone can learn to help save a life from suicide. Those trained in QPR know how to recognize the warning signs of a suicide crisis and how to offer help. Speakers include Lauren Castor, clinical case manager for TLAP and Erin Lynch, a member of the TLAP's Professional Clinical Team. Learn more and register.

Posted by: Stacey Shrader Joslin on Mar 7, 2024

Hamilton County General Sessions Judge Alex McVeagh won the Republican nomination for a Circuit Court judge seat according to the Chattanooga Times Free Press. McVeagh and Chattanooga attorney Michele Coffman were both seeking the nomination in the race to replace former Circuit Court Judge Marie Williams, who stepped down from the bench six years before her term was set to expire. McVeagh received 17,365 votes to Coffman's 12,599. Alex McVeagh serves on the board of the TBA YLD as vice president and as the ABA YLD representative.

Posted by: Stacey Shrader Joslin on Mar 6, 2024

Tennessee-based Baker Donelson has opened its first office in Charlotte, North Carolina, and named a local leader, the Nashville Business Journal reports. The new office, located in the One South tower at 101 S. Tryon St., Ste. 3600, will be led by managing shareholder Fred Wood. He will be joined by Thomas Hooper, Paul Osowski, Evan Sauda, William Starr and Noelle Wooten, all of whom are joining the firm from the Charlotte office of Nelson Mullins. Two other Nelson Mullins attorneys are joining Baker’s Raleigh and Charleston offices. The new office marks the firm's third location in the Carolinas since 2021. In October 2021, Baker Donelson opened its first North Carolina location in Raleigh and added a Charleston, South Carolina, location in September 2022. Since 2016, it also has had a presence in Columbia, South Carolina.


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