Court Rulings

The landlord of a shopping mall commenced this action against a commercial tenant for breach of a lease. The tenant claimed it had an enforceable oral agreement to terminate the lease with the former landlord. The landlord contended that the original lease contained a "no oral modification" clause thus, the oral agreement to terminate the lease was unenforceable. After the landlord presented its proof at trial, the court dismissed the case pursuant to Tenn. R. Civ. P. 41.02(2), ruling that the oral termination agreement between the tenant and the former landlord was enforceable despite the "no oral modification" clause in the lease. This appeal followed. When a defendant files a Tenn. R. Civ. P. 41.02(2) motion for involuntary dismissal at the conclusion of the plaintiff's proof at trial, the only evidence the trial court may consider in determining whether the proof was sufficient to demonstrate a right to the relief is "the plaintiff's proof" at trial. Tenn. R. Civ. P. 41.02(2). We have determined that the trial court erroneously considered facts and documents not found in the plaintiff's proof. Excluding the extraneous facts and documents, the evidence presented at trial preponderates against the trial court's factual findings and its conclusion that the landlord's predecessor in interest and the tenant entered into a binding lease termination agreement. Accordingly, we reverse and remand for further proceedings.

COLLATERAL ESTOPPEL - WORKERS' COMPENSATION: In a case for workers' compensation benefits, the trial court did not err in granting summary judgment in favor of the employer and the Administrator based on collateral estoppel where the issue of the decedent's cause of death had been fully and fairly litigated in a prior R.C. 313.19 proceeding. [See CONCURRENCE: The trial court correctly granted summary judgment in favor of the employer and the Administrator on the basis of collateral estoppel where the issue of whether the decedent's workplace injury had contributed to his death had been decided in a prior proceeding.]

Jenkins failed to perfect her appeal of the school board's decision to terminate her employment, and the trial court accordingly lacked jurisdiction over her complaint. The November 3, 2016 decision of the trial court awarding Jenkins damages is accordingly vacated. (Tucker, J., concurring).

Injured person did not prove that she was in the scope of her employment when she was injured in an automobile collision.

Preliminary injunction Interlocutory appeal Substantial right Employment Agreement

Attorneys-Misconduct-Federal felony conviction based on participation in bribery and kickback scheme-Multiple violations of the Rules of Professional Conduct, including engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation and engaging in conduct that adversely reflects on the lawyer's fitness to practice law-Prior discipline imposed for failing to carry out contracts of employment, failing to return unearned fees, failing to cooperate in disciplinary proceedings, and engaging in dishonest conduct in the representation of numerous former clients-Permanent disbarment.