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Posted by: Karen Belcher on May 30, 2024

The petitioner, Gary Lee Emory, appeals the denial of his petition for post-conviction relief, which petition challenged his multiple convictions of aggravated robbery, robbery, aggravated burglary, and facilitation of aggravated burglary, alleging that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the denial of postconviction relief.

Posted by: Karen Belcher on May 30, 2024

This is a breach of contract action involving the sale of real property in which the plaintiff seller alleged that the defendant buyer withdrew from the sale in violation of the terms of the contract. The trial court granted summary judgment in favor of the plaintiff. We affirm.

Posted by: Karen Belcher on May 30, 2024

This appeal concerns the trial court’s determination that Tennessee law does not require a testator to sign their will prior to an attesting witness subscribing their signature as a witness to the will. Upon review of the relevant statutory language and associated case law, we conclude that Tennessee law requires that a testator sign their will prior to an attesting witness subscribing their own signature, and therefore, we reverse the judgment of the trial court.

Posted by: Stacey Shrader Joslin on May 30, 2024

A new exhibit at the State Library and Archives marking the state's 228th anniversary will open on Saturday in Nashville. The “Dear Governor” exhibit will feature correspondences from constituents during the tenures of various Tennessee governors, some going back to the earliest days of the state. Officials promise the materials will provide an “incredible glimpse into the moments and events that shaped the earliest tenures of the state’s leaders.” June 1, which is known as Statehood Day, will be celebrated in style at the library from 10 a.m. to 2 p.m. CDT with live music, historical interpreters, behind-the scenes tours, crafts and more.

Posted by: Karen Belcher on May 30, 2024

Because no final order has been entered in the underlying trial court proceedings, this Court lacks jurisdiction to consider this appeal.

Posted by: Karen Belcher on May 30, 2024

Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

Posted by: Karen Belcher on May 30, 2024

This case involves the claimant’s pro se appeal from the Tennessee Claims Commission’s dismissal, on res judicata grounds, of his claims of libel and malicious prosecution against the State of Tennessee. The claimant timely appealed to this Court. Because the claimant’s appellate brief does not comply with Tennessee Rule of Appellate Procedure 27 and Tennessee Court of Appeals Rule 6, we hereby dismiss the appeal.

Posted by: Karen Belcher on May 30, 2024

This appeal arises from a dispute over the construction of a swimming pool. The defendant entered into a written contract with the plaintiff for the construction of a pool at the defendant’s home. The plaintiff later filed a complaint alleging that the defendant failed to pay the amount due under the contract. The defendant filed a counter-complaint and alleged breach of contract, fraud and/or misrepresentation, and violations of the Tennessee Consumer Protection Act. After a bench trial, the trial court found in favor of the plaintiff. The defendant subsequently filed a motion for relief from the judgment, which the trial court denied. The defendant appeals. We affirm the trial court’s decision and remand for determination of appellate attorney’s fees.

Posted by: Stacey Shrader Joslin on May 30, 2024

The free online tax filing program piloted this year by the IRS will be made permanent and its scope will be expanded, The Hill reports. Known as “Direct File,” the online platform will be integrated with state tax systems and expanded beyond the limited number of deductions that it can currently process. The system was available in 12 states this year as a pilot program. The expansion will depend on state readiness but there will be no limit on the number of states that can participate. Read more from the IRS.

Posted by: Stacey Shrader Joslin on May 30, 2024

Real Estate Essentials, the TBA Real Estate Law Section's annual basics-level CLE, will take place virtually on June 20 from 1-4 p.m. CDT. The program will offer three hours of general CLE credit. The first session will focus on ALTA surveys, including what they are, why they are important and how they are used. The second session will cover deed considerations, requirements and types. Learn more or register here.


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