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Editorial


Front Page - Friday, August 30, 2019

Tennessee Appellate Court Opinion




Noah Ryan Et Al. v. Laverna Soucie

Case number: E2018-01121-COA-R3-CV

Authoring judge: Judge Thomas R. Frierson, II

Originating judge: Chancellor Pamela A. Fleenor

Date filed: Thursday, July 18, 2019

This appeal arises from a dispute concerning the defendant’s conduct, which impeded the plaintiffs’ use of a state right of way for ingress to and egress from the plaintiffs’ commercial property. The trial court entered a judgment in favor of the plaintiffs following its determination that the defendant had created a nuisance and had intentionally interfered with the plaintiffs’ business relationships. The defendant has appealed. Discerning no reversible error, we affirm.

Robert D. Palmer, Jr. et al. v. Wayne Eric Colvard et al.

Case number: E2018-00454-COA-R3-CV

Authoring judge: Judge John W. McClarty

Originating judge: Chancellor Pamela A. Fleenor

Date filed: Wednesday, July 31, 2019

This case arises from the death of Robert D. Palmer, Sr. (“Decedent”). Prior to his death, Decedent entered into a contract with Wayne Eric Colvard and Wayne Eugene Colvard (collectively “Defendants”) for the sale of his tax preparation business. Decedent’s children, Robert Dean Palmer, Jr. and Suzanne Johnson (collectively “Plaintiffs”), filed suit against Defendants in their alleged capacities as personal representatives of Decedent’s estate for breach of contract, fraud and unjust enrichment relating to the sale. The details of the complaint are not at issue in this appeal.

State of Tennessee v. Dedrick Lamont Lindsey

Case number: E2018-01502-CCA-R3-CD

Authoring judge: Judge Robert L. Holloway, Jr.

Originating judge: Judge Don W. Poole

Date filed: Friday, Aug. 16, 2019

Defendant, Dedrick Lamont Lindsey, appeals the trial court’s order revoking his probation and imposing his sentence. Defendant argues: (1) that the State failed to present “any substantial evidence” to support the trial court’s finding that Defendant violated his probation; (2) that the trial court erroneously admitted a witness’ recorded statement to police; and (3) that he received ineffective assistance of counsel at the probation revocation hearing. Following a thorough review, we affirm the judgment of the trial court.

State of Tennessee v. Osei Sorrell

Case number: E2018-00831-CCA-R3-CD

Authoring judge: Judge Robert W. Wedemeyer

Originating judge: Judge Don W. Poole

Date filed: Thursday, Aug. 22, 2019

A Hamilton County jury convicted the Defendant, Osei Sorrell, of attempted second degree murder, aggravated assault and reckless endangerment. The trial court dismissed the aggravated assault conviction in its capacity as 13th juror and imposed an effective nine-year sentence for the remaining convictions. The Defendant raises the following issues on appeal: the jury venire did not represent a cross-section of Hamilton County; the trial court erred when it denied his motion for new trial based on newly discovered evidence that would have resulted in a different verdict; the trial court erred in declaring the victim unavailable to testify; the trial court erred when it limited the proof of the victim’s gang affiliation; Agent Hudson was not qualified as an expert on firearms identification; and the trial court erred when it allowed the victim’s prior out of court identification of the Defendant as the shooter to be admitted. After a thorough review of the record and applicable law, we affirm the trial court’s judgments.

In Re Jayda S.

Case number: E2019-00395-COA-R3-PT

Authoring judge: Judge J. Steven Stafford

Originating judge: Judge Ward Jeffrey Hollingsworth

Date filed: Monday, Aug. 26, 2019

Mother appeals the trial court’s order terminating her parental rights. Concluding that the record contains clear and convincing evidence to support the trial court’s findings of a ground for termination and that termination is in the child’s best interest, we affirm.

C.Bruce Batten v. Community Trust and Banking Company Et Al. - Dissent in Part

Case number: E2017-00279-COA-R3-CV

Authoring judge: Judge John W. McClarty

Originating judge: Judge Ward Jeffrey Hollingsworth

Date Filed: Monday, Aug. 26, 2019

This appeal arises from the trial court’s reconsideration and granting of summary judgment motions that had initially been denied by another judge. We affirm the judgment of the trial court.

C.Bruce Batten v. Community Trust and Banking Company Et Al. - Dissent in Part

Case number: E2017-00279-COA-R3-CV

Authoring judge: Judge J. Steven Stafford

Originating judge: Judge Ward Jeffrey Hollingsworth

Date Filed: Monday, Aug. 26, 2019

I concur in the majority opinion’s result with regard to Batten’s entitlement to the severance package and with regard to the award of attorney’s fees to Bank. However, I must dissent from the majority’s conclusion that the trial court correctly granted summary judgment to Attorney Edge on Batten’s negligent misrepresentation claim. As discussed by the majority, the alleged representation at issue in this case was that Attorney Edge was unaware of anything that would affect Batten’s ability to receive his negotiated severance benefits if he tendered his resignation in Dec. 2009. According to Batten, Attorney Edge’s representation was false because Attorney Edge was at that time aware of several facts that could undermine Batten’s ability to receive the severance package.