Justia Tennessee Supreme Court Opinion Summaries

Robert E. Lee Flade filed a lawsuit against several defendants, including Stephanie Isaacs and the Bedford County Listening Project (BCLP), over disparaging remarks made on social media. Isaacs and the BCLP filed motions to dismiss under Rule 12.02(6) of the Tennessee Rules of Civil Procedure and petitions to dismiss under the Tennessee Public Participation Act (TPPA), seeking dismissal with prejudice, attorney’s fees, and sanctions. Before the trial court could hear these motions, Flade voluntarily dismissed his complaint without prejudice. Isaacs and the BCLP requested the court to adjudicate their TPPA petitions despite the dismissal, but the trial court declined, stating the nonsuit concluded the matter.The Court of Appeals affirmed the trial court’s decision, holding that the TPPA petitions did not limit Flade’s right to a voluntary nonsuit under Rule 41.01(1). The court reasoned that the TPPA did not specifically limit the right to a nonsuit and that the mere filing of a TPPA petition did not create a vested right that would prevent a voluntary dismissal.The Supreme Court of Tennessee reviewed the case and affirmed the Court of Appeals' judgment. The court held that the right to take a voluntary nonsuit is not subject to the provisions of the TPPA under Rule 41.01(1). It also concluded that there is no vested right to adjudication of a TPPA petition pending at the time of a voluntary nonsuit and that a TPPA petition does not constitute a counterclaim for purposes of Rule 41.01(1). Therefore, the trial court correctly declined to adjudicate the TPPA petitions after Flade voluntarily dismissed his complaint. View "Flade v. City of Shelbyville, Tennessee" on Justia Law

During a routine traffic stop, law enforcement conducted an open-air sniff using a drug-sniffing canine. The canine alerted to the vehicle, leading officers to search it without a warrant under the automobile exception. Inside a backpack, they found marijuana, a loaded handgun, Ziploc bags, and a scale. The defendant, a passenger, was indicted for possession of marijuana with intent to manufacture, sell, or deliver; possession of a firearm with intent to go armed during the commission of a dangerous felony; and possession of drug paraphernalia. The defendant moved to suppress the evidence, arguing the canine could not distinguish between legal hemp and illegal marijuana.The trial court granted the motion to suppress and dismissed the charges, finding the canine's reliability was not established due to its inability to differentiate between hemp and marijuana. The Court of Criminal Appeals reversed, holding that the smell of illegal marijuana provides probable cause to search a vehicle and that law enforcement had probable cause based on the totality of the circumstances.The Supreme Court of Tennessee reviewed the case and clarified that a positive alert from a drug-sniffing canine does not establish a per se rule of probable cause but should be considered within the totality of the circumstances. The court held that a positive indication from a drug-sniffing canine may still contribute to a finding of probable cause despite the legalization of hemp. Examining the totality of the circumstances, the court concluded that law enforcement had probable cause to search the vehicle. The Supreme Court of Tennessee affirmed the judgment of the Court of Criminal Appeals, reinstating the indictments against the defendant and remanding for further proceedings. View "State v. Green" on Justia Law

In this case, the original plaintiff, Ora Eads, Jr., obtained legal title to a commercial property in Nashville but did not register the deed. Years later, the seller defaulted on a loan, and a creditor obtained a judgment lien against the property, which was eventually sold. The plaintiffs argued that Mr. Eads had adversely possessed the property during the intervening years, while the defendant, the subsequent purchaser, contended that Mr. Eads’s possession was not adverse.The Davidson County Chancery Court ruled in favor of the defendant, finding that Mr. Eads’s possession was not adverse due to the permissive nature of his relationship with the original owner, Mr. Whiteaker. The court noted that Mr. Whiteaker had acquiesced in Mr. Eads’s use of the property and that the deed, installment note, and other facts indicated a non-adverse relationship. The Court of Appeals reversed this decision, holding that Mr. Eads had acquired title to the property by common-law adverse possession, as his possession was not with the permission of anyone.The Supreme Court of Tennessee reviewed the case and reversed the Court of Appeals' decision, reinstating the chancery court’s judgment. The Supreme Court held that adversity, for purposes of adverse possession, requires a conflict of title or a controversy about the right to possess the property. Since Mr. Eads had obtained legal title through a valid deed, albeit unregistered, there was no conflict of title or controversy regarding possession between him and Mr. Whiteaker. Therefore, Mr. Eads did not satisfy the requirements for statutory or common-law adverse possession. The court concluded that Mr. Eads’s possession was not adverse to Mr. Whiteaker, and any adversity to other parties did not last long enough to meet the statutory periods required for adverse possession. View "Mathes v. 99 Hermitage, LLC" on Justia Law

The plaintiffs alleged that the defendants committed fraud related to property rights. The defendants, through their business, REO Holdings, LLC, bought properties at tax sales and used redemption rights to obtain titles, some of which were later found to be fraudulent. The case involved four specific properties where the defendants allegedly used misrepresentation and forged documents to redeem and sell the properties at a profit.The Chancery Court for Davidson County initially dismissed the plaintiffs' claims for unjust enrichment and misappropriation of redemption rights, finding that unjust enrichment required a voluntary conferral of a benefit and that Tennessee law did not recognize conversion of intangible property rights. The court also denied class certification. After a jury trial, the plaintiffs moved for a new trial, arguing that the evidence preponderated against the jury’s verdict. The trial court denied the motion, and the Court of Appeals reversed, finding that the trial court misconceived its role as thirteenth juror.The Supreme Court of Tennessee reviewed the case and held that remand for the trial court to fulfill its role as thirteenth juror is an appropriate remedy when a civil trial court misconceives that role or applies an incorrect standard. The court also held that a claim for unjust enrichment does not require a voluntary conferral of a benefit, overruling previous case law to the extent it held otherwise. Finally, the court affirmed that Tennessee law does not recognize a claim for misappropriation or conversion of a right of redemption. The decision of the Court of Appeals was affirmed in part and reversed in part, and the case was remanded for further proceedings consistent with the opinion. View "Family Trust Services LLC v. Green Wise Homes LLC" on Justia Law

The case involves a defamation claim brought by Bill Charles, a real estate professional and president of the homeowners' association of the Durham Farms community in Hendersonville, Tennessee, against Donna McQueen, a resident of the same community. McQueen had posted a critical review of Charles on Google, accusing him of using misleading tactics to deceive home buyers. Charles filed a defamation and false light claim against McQueen, who sought dismissal of the claims under the Tennessee Public Participation Act, arguing that Charles could not establish a prima facie case for his claims because he could not prove actual malice.The trial court agreed with McQueen and dismissed the claims. The Court of Appeals reversed in part, agreeing that Charles had to prove actual malice for his false light claim but holding that Charles was not a public figure and therefore did not need to prove actual malice for his defamation claim.The Supreme Court of Tennessee disagreed with the Court of Appeals, holding that Charles is a limited-purpose public figure given his voluntary and prominent role in a controversy concerning changes to the Durham Farms development plan. The court further held that Charles failed to establish a prima facie case of actual malice. The court also rejected Charles’s argument that McQueen waived her request for appellate attorney’s fees by failing to list it as an issue in her Court of Appeals brief. The court reversed the Court of Appeals in part and affirmed in part, remanding the case for further proceedings. View "Charles v. McQueen" on Justia Law

A prisoner filed a petition for a writ of error coram nobis, a legal order allowing a court to correct its original judgment, long after the one-year limitations period had expired. The petition was based on new evidence that the prisoner claimed demonstrated his actual innocence. The coram nobis court held a hearing and determined that the new evidence did not show that the prisoner was actually innocent of the crimes of which he was convicted. As a result, the court dismissed the petition as untimely.The Court of Criminal Appeals reversed the coram nobis court's decision, arguing that the prisoner had met the requirements for tolling, or delaying, the statute of limitations. The appellate court remanded the case for a hearing on the allegations in the petition.The Supreme Court of Tennessee disagreed with the appellate court's decision. The Supreme Court held that if a petition for a writ of error coram nobis is not timely filed and seeks tolling of the statute of limitations, it must be based on new evidence that clearly and convincingly shows that the petitioner is actually innocent of the underlying crime. The court found that the prisoner's new evidence did not meet this standard. Therefore, the Supreme Court reversed the decision of the Court of Criminal Appeals and affirmed the decision of the coram nobis court, dismissing the petition as untimely. View "Clardy v. State" on Justia Law

This case involves a conservatorship dispute over Susan Davis Malone. Two attorneys involved in the case filed two motions requesting the trial judge to recuse himself. The first recusal motion was denied and affirmed on appeal. The second recusal motion was also denied. The attorneys then filed a second petition for recusal appeal, arguing that trial court orders entered after the Court of Appeals issued its opinion in the first recusal appeal, but before the mandate issued, are void for lack of subject matter jurisdiction.The Court of Appeals agreed with the attorneys and held that the orders were void. The counterpetitioners and co-conservators then filed an accelerated application for permission to appeal in the Supreme Court of Tennessee.The Supreme Court of Tennessee granted the application and reversed the judgment of the Court of Appeals. The court held that the stay imposed by the Court of Appeals in the first recusal appeal did not divest the trial court of subject matter jurisdiction over the case. The court also held that the attorneys waived any other argument that orders entered by the trial court should be vacated because they were entered prior to issuance of the mandate. The case was remanded for further proceedings consistent with this decision. View "In Re Conservatorship of Malone" on Justia Law

The case involves a slip and fall incident at a Trader Joe's grocery store in Nashville, Tennessee. The plaintiff, Melissa Binns, alleged that she slipped and fell due to the negligence of an employee who was stocking shelves in a disorganized manner, causing a package of tofu to fall and spill liquid on the floor. Binns filed a complaint against Trader Joe's East, Inc., alleging premises liability, negligent training, and negligent supervision. Trader Joe's sought to dismiss the negligent training and supervision claims, arguing that these claims should be dismissed when asserted concurrently with a premises liability claim and that the plaintiff's direct negligence claims were no longer viable due to the defendant admitting it was vicariously liable for the conduct of its employee.The trial court rejected both of Trader Joe's arguments and denied its motion for partial judgment on the pleadings. The court granted permission for an interlocutory appeal, which was denied by the Court of Appeals. Trader Joe's then appealed to the Supreme Court of Tennessee, which granted review.The Supreme Court of Tennessee held that the preemption rule, which would dismiss direct negligence claims when a defendant admits vicarious liability, is incompatible with Tennessee's system of comparative fault and declined to adopt it. The court also declined to adopt the rule proposed by Trader Joe's that "negligent activity" claims cannot be asserted alongside premises liability claims. As a result, the court affirmed the trial court's order denying Trader Joe's motion for partial judgment on the pleadings and remanded the case back to the trial court for further proceedings. View "Binns v. Trader Joe's East, Inc." on Justia Law

The Supreme Court of Tennessee heard the appeal of Tony Thomas and Laronda Turner, both convicted of three counts of first-degree premeditated murder stemming from a 2015 triple homicide in Memphis. The defendants were members of the Vicelords gang, and the murders were allegedly conducted in retaliation for a previous killing. Their trial relied heavily on the testimony of co-defendant Demarco Hawkins, whose trial was severed and who testified against them. Mr. Thomas and Ms. Turner appealed their convictions, alleging that the prosecution breached the requirements of Brady v. Maryland by failing to produce inconsistent statements made by Mr. Hawkins, and that the evidence was insufficient to support Ms. Turner’s murder convictions.The Supreme Court found that the State did not breach its obligations under Brady with regard to Mr. Thomas. However, the Court determined that the evidence was insufficient to sustain Ms. Turner’s convictions because Mr. Hawkins’ testimony was not adequately corroborated, leading to a reversal of her convictions. In addition, the Court abolished Tennessee’s common law accomplice-corroboration rule, which required some level of independent corroboration for accomplice testimony to be used in securing a conviction, but only applied this change prospectively. View "State v. Thomas" on Justia Law

In a wrongful death action against an assisted-living facility, the Supreme Court of Tennessee held that the claims were subject to arbitration as per an agreement signed by the deceased's attorney-in-fact. The court clarified two key points. First, signing an optional arbitration agreement is not a "health care decision" under the Durable Power of Attorney for Health Care Act. Second, the attorney-in-fact had the authority to sign the arbitration agreement on the deceased's behalf, considering the durable power of attorney gave her the power to act for him in "all claims and litigation matters". The court further ruled that the deceased's son, who brought the wrongful death action, was bound by the arbitration agreement because his claims were derivative of his father's. Consequently, the court reversed the decision of the Court of Appeals and remanded the case to the trial court.In the case, Granville Williams, Jr. died while residing at an assisted-living facility run by Smyrna Residential, LLC. His son James Williams filed a wrongful death action against the facility. The decedent's daughter, acting as his attorney-in-fact under a power of attorney, had signed an arbitration agreement with the facility at the time of his admission. The arbitration agreement was not a condition of admission to the facility. The key issues were whether the attorney-in-fact had the authority to sign the arbitration agreement and whether the son, who was not a party to the agreement, was nevertheless bound by it. View "Williams v. Smyrna Residential, LLC" on Justia Law