Jon Roozbeh Vazeen, AKA Hassan Vazin v. Michelle Smith Vazin - Concurring In Part and Dissenting In Part

• Court: Court of Appeals of Tennessee
• Decided: September 8, 2017
• Docket: M2016-01133-COA-R3-CV
• Status: Published

Opinion

09/08/2017 IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs July 3, 2017

JON ROOZBEH VAZEEN AKA HASSAN VAZIN V. MICHELLE SMITH VAZIN

Appeal from the Circuit Court for Davidson County No. 14D2614 Phillip R. Robinson, Judge ___________________________________

No. M2016-01133-COA-R3-CV ___________________________________

CHARLES D. SUSANO, JR., Judge, concurring in part and dissenting in part.

I concur with the majority’s observation that “[g]iven the deficiencies in Husband[’s] brief,” we do not have the “[]ability to reach the substantive issues.” If we cannot reach the substantive issues — and I agree we cannot — I can only conclude that Husband’s appeal is “devoid of merit or . . . has no reasonable chance of success.” Am. Gen. Fin. Servs., Inc. v. Goss et al., No E2010-01710-COA-R3-CV, 2011 WL 1326234 (Tenn. Ct. App., filed Apr. 7, 2011) (Susano, J., concurring in part and dissenting in part). Hence, by definition, this is a frivolous appeal. I would remand this case to the trial court for the purpose of holding a hearing to determine “just damages” pursuant to Tenn. Code Ann. § 27-1-122 (2000).

_______________________________ CHARLES D. SUSANO, JR., JUDGE