                                                                                           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
