525 S.W.3d
Volume 525 — South Western Reporter, Third Series
109 opinions
- 525 S.W.3d 65Mamie Baytos Widow of Stephen Baytos v. Family Dollar (2017)
- 525 S.W.3d 73Kyle Shea Holbrook v. Commonwealth of Kentucky (2017)
- 525 S.W.3d 90Kentucky Bar Association v. Carl Wayne Gibson (2017)
- 525 S.W.3d 93McCoy v. Family Dollar Store of Kentucky, Ltd. (2017)
- 525 S.W.3d 100Saalwaechter v. Carroll (2017)
- 525 S.W.3d 108Prodigy Construction Corp. v. Brown Capital, Ltd. (2017)
- 525 S.W.3d 114Thomas ex rel. Thomas v. Mercy Hospitals East Communities (2017)
- 525 S.W.3d 121STATE OF MISSOURI v. RAYAN M. ALQABBAA (2016)
- 525 S.W.3d 125Rackers v. Wibberg (2017)
- 525 S.W.3d 125Williams v. State (2017)
- 525 S.W.3d 126Housing Authority of Jefferson v. Sinclair (2017)
- 525 S.W.3d 126Reed v. Reed (2017)
- 525 S.W.3d 127Allison v. Director of Revenue (2017)
- 525 S.W.3d 132State v. Jones (2017)
- 525 S.W.3d 140State v. Berning (2017)
- 525 S.W.3d 141St. Louis County v. State (2017)
- 525 S.W.3d 149Friend v. Cellco Partnership (2017)
- 525 S.W.3d 162Juvenile Officer v. T.R.E. (2017)
- 525 S.W.3d 166Bellamy v. State (2017)
- 525 S.W.3d 172Jackson v. State (2017)
- 525 S.W.3d 172L.R.S. v. C.A.S. (2017)
- 525 S.W.3d 172L.R.S. v. C.A.S. (2017)
- 525 S.W.3d 201State ex rel. Chevra Kadisha Cemetery Ass'n v. Reno (2017)
- 525 S.W.3d 205In the Interests of C.H. (2017)
- 525 S.W.3d 214Boone v. Pittsburgh Pipe & Supply Corp. (2017)
- 525 S.W.3d 215Armstrong v. Special Administrative Board (2017)
- 525 S.W.3d 216Trolinger v. State (2017)
- 525 S.W.3d 216Evans v. State (2017)
- 525 S.W.3d 217State v. Deters (2017)
- 525 S.W.3d 217Clemons v. State (2017)
- 525 S.W.3d 218State v. Henderson (2017)
- 525 S.W.3d 219State v. Dent (2017)
- 525 S.W.3d 219State v. Cook (2017)
- 525 S.W.3d 220Thornton v. State (2017)
- 525 S.W.3d 221Diebal v. Diebal (2017)
- 525 S.W.3d 221Jones v. State (2017)
- 525 S.W.3d 222Ivy v. State (2017)
- 525 S.W.3d 223In Re: Neveah W. (2017)
This is the second appeal in this case involving a long-running battle between foster parents and the Tennessee Department of Children's Services ("DCS"). In 2014, DCS removed the three-year-old child at issue from her foster home of three years. In the context of this already pending termination and adoption proceeding, the chancery court held an evidentiary hearing and determined that there was insufficient evidence to justify removal and that DCS had taken steps adverse to the child's best interest. The chancery court ordered DCS to return the child to her foster home. On extraordinary appeal, this Court determined that a trial court cannot direct the placement of a foster child within DCS legal custody, but we recognized that the trial court could remove legal custody from DCS and place custody directly with the foster parents if warranted. One week prior to the hearing on remand, DCS participated in a surrender proceeding under a separate docket number and contemporaneously obtained an order of full guardianship over the child. DCS then moved to dismiss as moot the termination, adoption, and custody petitions pending in this case because DCS, as guardian, refused to consent to an adoption by the child's former foster parents. The child's current foster mother attempted to intervene. After a two-day trial, the trial court dismissed the former foster parents' petitions as moot and granted the adoption to the current foster mother, as DCS in its role as guardian would only consent to an adoption by her. The child's guardian ad litem appeals. The former foster parents and DCS raise additional issues. We affirm in part, vacate in part, reverse in part, and remand for further proceedings.
- 525 S.W.3d 252Rainbow Ridge Resort, LLC v. Branch Banking And Trust Co. (2016)
- 525 S.W.3d 265WM Capital Partners, LLC v. Anthony W. Thornton (2016)
- 525 S.W.3d 275Kelley v. State (2017)
- 525 S.W.3d 281Harvey v. Kindred Healthcare Operating, Inc. (2017)
- 525 S.W.3d 286Oliva v. State (2017)
- 525 S.W.3d 297Kaplan v. City of Sugar Land (2017)
- 525 S.W.3d 310In re McPeak (2017)
- 525 S.W.3d 316Williams v. State (2017)
- 525 S.W.3d 325Ex parte Perez (2017)
- 525 S.W.3d 342Ex parte Gonzalez (2017)
- 525 S.W.3d 351Long v. State (2017)
- 525 S.W.3d 370MHI Partnership, Ltd. v. City of League City (2017)
- 525 S.W.3d 381In re Henry (2017)
- 525 S.W.3d 382Chavez v. Andersen (2017)
- 525 S.W.3d 389Kressin v. State (2017)
- 525 S.W.3d 394Engineering & Terminal Services, L.P. v. TARSCO, Inc. (2017)
- 525 S.W.3d 403Marks v. State (2017)
- 525 S.W.3d 418State v. L.P. (2017)
- 525 S.W.3d 418State v. L.P. (2017)
- 525 S.W.3d 420Carter v. Harvey (2017)
- 525 S.W.3d 440Kyle Anderson, M.D. v. Suzanne Stiniker, as Administrator of the Estate of Mikel Stone, and as Guardian of the Person and Estate of Whitley Taylor Stone, and Erek Mikel Stone (2017)
- 525 S.W.3d 446Knight Renovations, LLC v. Charles R. Thomas (2017)
- 525 S.W.3d 520Larry Kidd v. Crossrock Drilling. LLC (2017)
- 525 S.W.3d 523Anne M. Talley v. Daniel J. Paisley (2017)
- 525 S.W.3d 532Vorherr v. Coldiron (2017)
- 525 S.W.3d 545Meers v. Semonin Realtors (2017)
- 525 S.W.3d 551Juvenile Officer v. A.R. (2017)
- 525 S.W.3d 562TERRY BLANKENSHIP, Plaintff-Appellant v. OLD MISSOURI MUTUAL INSURANCE COMPANY, f/k/a NIXA FARMERS MUTUAL INSURANCE COMPANY, Defendant-Respondent. (2016)
- 525 S.W.3d 566Missouri Department of Social Services, Children's Division v. M.Y.D. (2017)
- 525 S.W.3d 567Gwin ex rel. Gwin v. City of Humansville (2017)
- 525 S.W.3d 572Oliphant v. State (2017)
- 525 S.W.3d 578Crowell v. Cox (2017)
- 525 S.W.3d 585State v. Mendez-Ulloa (2017)
- 525 S.W.3d 596State v. Prince (2017)
- 525 S.W.3d 600DMP Ozark Capital Partners, LLC v. Blazier (2017)
- 525 S.W.3d 600Srader v. Director of Revenue (2017)
- 525 S.W.3d 605Estate of Bailey (2017)
- 525 S.W.3d 608Taylor v. Taylor (2017)
- 525 S.W.3d 614Corwin v. State (2017)
- 525 S.W.3d 616Sandra Prewitt v. Kamal Brown (2017)
- 525 S.W.3d 625Gala Johnson-Murray v. Rodney Burns (2017)
Nieces of the decedent contest the validity of a quitclaim deed and the decedent‟s will on the ground they were the result of undue influence exerted upon the decedent by her stepson and his wife. The quitclaim deed conveyed the decedent‟s real property to herself, her stepson, and his wife as joint tenants with right of survivorship. The will bequeathed the decedent‟s entire estate to her stepson. Following a jury trial, the jury found that the deed and will were both valid. The nieces appeal, contending there is no material evidence to support the jury‟s verdict. They also contend the trial court erred by instructing the jury that the stepson, who was the decedent‟s attorney-in-fact, had the authority to sign the will and deed on behalf of the decedent. We have determined that the record contains material evidence to support the jury‟s verdict. As for the jury instructions, the trial court erred by instructing the jury that the stepson had the authority to sign the will on behalf of the decedent as her attorney-in-fact because it would not comply with mandatory requirements of the Tennessee Execution of Wills Act. With regard to whether the stepson could sign the deed on behalf of the decedent, the answer and jury instruction were incomplete to such an extent as to constitute an erroneous instruction. Nevertheless, having considered the jury instruction in its entirety, we are unable to conclude that these errors more probably than not affected the outcome of the verdict. Therefore, we affirm.
- 525 S.W.3d 642Tom Bennett and James B. Bonham Corporation v. Larry Wayne Grant (2017)
- 525 S.W.3d 655Great American Insurance Company and Great American Lloyds Insurance Company v. Glen Hamel and Marsha Hamel (2017)
- 525 S.W.3d 671Community Health Systems Professional Services Corporation v. Henry Andrew Hansen, II, M.D. (2017)
- 525 S.W.3d 701Steven McCraw v. C.I. (2017)
- 525 S.W.3d 712Martin Operating Partnership LP v. QEP Marine Fuel Investment, LLC (2017)
- 525 S.W.3d 728Cain v. State (2017)
- 525 S.W.3d 734Rodriquez v. State (2017)
- 525 S.W.3d 744Thompson v. State (2017)
- 525 S.W.3d 745Davy v. State (2017)
- 525 S.W.3d 755Freeman v. State (2017)
- 525 S.W.3d 759Fisher v. State (2017)
- 525 S.W.3d 764E.L. & Associates, Inc. v. Pabon (2017)
- 525 S.W.3d 772University of Texas Health Science Center at Houston v. Joplin (2017)
- 525 S.W.3d 784Ex Parte Steven Joseph Eribarne III (2017)
- 525 S.W.3d 786Farmers Texas County Mutual Insurance Co. v. Okelberry (2017)
- 525 S.W.3d 798Simon v. State (2017)
- 525 S.W.3d 800Neale v. State (2017)
- 525 S.W.3d 814Akhtar v. Leawood HOA, Inc. (2017)
- 525 S.W.3d 822O.C.T.G., L.L.P. v. Laguna Tubular Products Corp. (2017)
- 525 S.W.3d 832In re Turney (2017)
- 525 S.W.3d 842Rickie Wayne Selby v. State (2017)
- 525 S.W.3d 854Vision 20/20, Ltd. v. Cameron Builders, Inc. (2017)
- 525 S.W.3d 859Muller v. Stewart Title Guaranty Co. (2017)
- 525 S.W.3d 875Immobiliere Jeuness Establissement v. Amegy Bank National Ass'n (2017)
- 525 S.W.3d 884In re I.F.M. (2017)
- 525 S.W.3d 890Joe Anthony Alvarez v. State (2017)
- 525 S.W.3d 893Stephanie Rene Valadez Stevens v. State (2017)
- 525 S.W.3d 896Alan Patterson v. State (2017)
- 525 S.W.3d 898Foster v. State (2017)
- 525 S.W.3d 920In re BCH Development, LLC (2017)