We work to prevent problems, and we help solve the problems that can’t be prevented.
Our appellate practice team is among Tennessee’s most experienced and most successful.
We help Tennessee’s families and businesses plan for and navigate the changes that life brings.
Focused advice for the particular needs of government agencies and non-profits.
Lawyers with extensive trial experience in Tennessee’s state and federal courts.
If you’ve been hurt—from a car wreck, a fall, a medical procedure, or an accident—we can help.
Donald Capparella recently secured a win for his client, a restaurant owner who had entered into an agreement to purchase the property she had leased for many years. The owner of the property entered into a contract to sell but then refused to allow closing to proceed. The trial court determined that the contract was valid and ordered that property owner be required to sell. The Court of Appeals affirmed the trial court’s determination that the sale should proceed. Capparella was engaged to represent the restaurant owner on appeal. The Court of Appeals opinion can be read in its entirety here.
Two Family Law Wins for Appellate Practice Team; Parental Rights and Separate Property Awards at Issue
The DPBC Appellate Practice Team has seen two recent victories on appeal in family law matters. In one case, a mother’s equal parental rights were preserved when the Court of Appeals determined that the trial court had abused its discretion in reducing the mother’s parenting time and decision-making authority. DPBC’s Donald Capparella was retained to represent the mother on appeal; he was assisted on the brief by associate Kimberly Macdonald. You can read the full opinion here.
In the other recent case, Dodson Parker attorneys had successfully argued at trial that the appreciation in value of certain stock shares that had been given to a husband by his father was not marital property subject to division by the court. The Court of Appeals affirmed the trial court’s determination. The opinion in that case can be found here.
The Dodson Parker appellate practice team regularly handles complex divorces. Learn more about our appellate practice team.
Bucking a trend in lawsuits around the country, the U.S. Sixth Circuit Court of Appeals has determined that online retailer Amazon can be held liable for damages in a case stemming from an “exploding hoverboard” that it sold through its website. DPBC’s Donald Capparella was appellate counsel along with Stephen Anderson in the successful appeal.
Amazon filed a motion for summary judgment, alleging that it was not responsible for the harm caused by the product under Tennessee law, and the United States District Court for the Middle District of Tennessee granted the motion, dismissing the case. The Plaintiffs appealed. In its June 10 opinion, the United States Court of Appeals for the Sixth Circuit reversed the summary judgment on the Tennessee tort law claim, holding that Amazon can be held liable for its assumption of a duty to warn about the dangerous hoverboard, and its negligence in fulfilling that duty. This will allow the Plaintiffs to proceed with their case against Amazon, Inc. before a jury.
On May 31, lawyers and judges from across the state gathered at the Tennessee Supreme Court to honor the accomplishments of the Honorable Martha Craig “Cissy” Daughtrey, Senior United States Circuit Judge for the United States Court of Appeals, Sixth Circuit. In recognition of Judge Daugherty’s many accomplishments, her portrait was unveiled and will hang at the Tennessee Supreme Court Building–making her the first woman to be so honored. Judge Daughtrey also holds the distinction of being the first woman Assistant U.S. Attorney for the Middle District of Tennessee, the first tenure-track female faculty member at Vanderbilt University School of Law, the first woman to serve as judge for a court of record in the state, and the first woman to be named a Justice on the Tennessee Supreme Court.
DPBC’s Margaret L. Behm, who helped spearhead the effort to honor Judge Daughtrey, served as host for the ceremony, which included remarks from Tennessee Supreme Court Justice Connie Clark as well as current Chief Justice of the Tennessee Supreme Court Jeff Bivins.
Official coverage of the event by the Tennessee Administrative Office of the Courts can be found here.
Dodson Parker Behm and Capparella is pleased to have three lawyers included among the Nashville Business Journal’s 2019 “Best of the Bar.” The annual list is complied through nomination, and attorneys are selected by their peers for inclusion. Attorneys will be honored at a reception on June 18 at the City Winery.
- Harlan Dodson was honored in field of Estate Planning. He is the founder and co-author of Introduction to Estate Planning and Administration in Tennessee. He also counsels businesses on matters ranging from startup and formation through business succession planning.
- Margaret Behm was selected in the field of Labor and Employment. In addition to her employment work, Behm represents clients in matters related to municipal law, estate planning, bankruptcy, and commercial litigation.
- Donald Capparella was named in the Litigation and Dispute category. Focusing his practice exclusively on litigation, Capparella is regularly called upon to handle complex matters including construction defects, business disputes, personal injury, and insurance disputes at the trial and appellate level.
Each attorney above has been named previously to the list, and firm attorneys have been named to the Nashville Business Journal’s “Best of the Bar” List for more than ten consecutive years.
–Margaret L. Behm, Founding Partner
–Harlan Dodson, Founding Partner
–Tyler Chance Yarbro, Managing Partner