[Tennessee] If a judge had prior knowledge of Case A while ruling on the related Case B, can that information be used in an appeal?

Tennessee

I’m trying to keep this short but it is a complicated case… feel free to skip to the bolded part at the end. I just wasn’t sure how much info was needed.

My mother-in-law (MIL) divorced my father-in-law (FIL) in the 90s. She thought she got both the home and the land on it in the divorce, getting ownership of the home from FIL and the land from grandfather-in-law (GF). While MIL and GF occasionally argued over the land, he never made any legal action to remove her which she viewed as confirmation of her legal ownership.

GF died and his second wife my step-grandmother-in-law (SG) inherited the land. She continued to not remove MIL. However, my MIL is disabled and so moved into disability housing so my husband and I could fix up her place and make it disability friendly.

That is when SG suddenly decided to make a claim on the land. She moved to evict us and have MIL’s home removed (it was a trailer but was anchored down with a front and back porch added and a side walk). We appealed this up to the Supreme Court using the argument of easement and adverse possession but they ultimately declared that while MIL likely had a claim of AP and that we could be her ‘agents’ to make the possession continuous, we couldn’t make the AP claim.

While the Supreme Court was still considering the case, SG went to the sherif and had us evicted. I know a lot of people throw around ‘illegal eviction’ but this one actually was. A judge reviewed our emergency motion and ruled they could not evict us and especially could not remove any of MIL’s property as the every judge had ruled that MIL could not be evicted because she was not a party to the case.

As I said, eventually all the courts ruled against me and my husband because all the legal claims were for my MIL. But once we were out SG moved to evict MIL as well. The judge that vacated the eviction was the same judge that oversaw this case.

Ultimately she ruled against my MIL because she viewed SG as a more credible witness (SG story is that she randomly asked MIL seven years after GF died to leave as it was her land now and that is why she moved out but because we were helping her) and that we could not be agents of MIL so it hasn’t been continuous. Obviously we would like to appeal and her lawyer is consider helping but we’re thinking of our arguments in case he doesn’t.

So with all that in mind… here is my question:

Since Judge knew SG performed an illegal eviction and said at the eviction hearing that she had read up on Case A before becoming the judge for Case B… can we reference facts from Case A while appealing Case B?

I know that we can point out that she was wrong to rule we couldn’t be agents since the Court of Appeals (or the Supreme Court, I can’t quite remember…) ruled that we could be and that’s a higher court. However, she also said some other things that should have contradicted her previous knowledge of the case. For example, she said she didn’t believe we did any repairs but it was stated many times in the previous case exactly what repairs we did. In this case it was only said said we did repairs except for some very expensive ones (a roof repair would cost 3k) because we weren’t sure how the trial would go. She extended this to mean we did no repairs at all even though I personally think she should have been aware of this. Also, I obviously think that SG doing an illegal eviction should hint at her not being very credible.

Posted Mar 16, 2025, 1:04 AM UTC

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