In Re: Haven T.
Haven T. is the daughter of Clint T. (“Father”) and Jennifer G. (“Mother”). The parties were never married. Father initiated the present litigation by filing a petition for custody after Mother notified him she would be moving from Chattanooga to Johnson City to attend college. At the hearing that followed, the parties stipulated that this was the “initial” custody determination for Haven although the juvenile court had entered an order in 2003 adopting a “parenting plan” that, by agreement, gave the parties equal time with Haven. The court awarded custody to Father. Mother appeals. We affirm. |
Hamilton | Court of Appeals | |
Adelaida Fielding et al. v. The Metropolitan Government of Lynchburg, Moore County, Tennessee et al.
The plaintiffs filed this declaratory judgment action seeking to invalidate a re-zoning ordinance on the grounds that it constitutes illegal “spot zoning,” and that the re-zoned area was improperly classified in violation of the local general zoning ordinance. The trial court upheld the re-zoning ordinance, finding it was enacted in furtherance of public safety goals and that the re-zoning classification was reasonable and rational. We affirm. |
Moore | Court of Appeals | |
Rebecca Webb v. Mark Thomas Webb
Father in divorce action appeals trial court’s designation of Mother as primary residential parent and division of marital property. Because the order appealed does not resolve all claims, we dismiss the appeal for lack of a final judgment. |
Bedford | Court of Appeals | |
Mary Lee Martin v. S. Dale Copeland
In this boundary line dispute, plaintiff sued defendant, the adjoining property owner, and defendant countersued. Each of the parties employed their own surveyors who testified at the trial, and the Trial Court ultimately established a boundary line between the parties. Defendant appealed to this Court. We affirm the Judgment of the Trial Court. |
Hamilton | Court of Appeals | |
Roger Lee Neal v. Kelli Jean Hayes
This case arises from a long-running legal dispute between Roger Lee Neal (“Neal”) and Kelli Jean Hayes (“Hayes”) concerning their minor child (“the Child”). Neal and Hayes disputed, among other things, custody matters relating to the Child. In March 2011, the Circuit Court for Knox County, Fourth Circuit (“the Trial Court”), entered an order confirming findings of the Special Master, Sarah Higgins (“the Special Master”) and resolving numerous contested issues. In the same order, the trial judge, Judge Swann, stated, in effect, that he no longer could be neutral towards Neal because of Neal’s villainous statements about the Special Master and Neal’s “admitted perjury” and recused himself from any further participation in these cases. Husband appeals, arguing, in part, that Judge Swann could not simultaneously rule on the Special Master’s findings and recuse himself because of lack of neutrality. We hold that as both the Special Master and Judge Swann expressed an understandable lack of neutrality in their findings and order, respectively, the Trial Court’s March 2011 order is vacated, and we remand for further proceedings to be held before a neutral court. We vacate the judgment of the Trial Court. |
Knox | Court of Appeals | |
Christopher J. Etheridge, Selena A. v. YMCA and West Tennessee, et al
A minor was injured in June 2008 when a sink, installed in November 2004, shattered. Suit was initially filed in June 2009, and Defendants were added in September 2009 and April 2010. The trial court granted summary judgment to Defendants based upon the construction statute of repose, Tennessee Code Annotated section 28-3-202, et seq., and we affirm. |
Madison | Court of Appeals | |
Barbara Jean Hooper Flynn v. Robert Dean Flynn
The trial court denied Husband’s petition to modify alimony upon finding he was voluntarily underemployed, and found him to be in civil contempt. We vacate the finding of voluntary underemployment, affirm the finding of contempt, and remand for further proceedings. |
Shelby | Court of Appeals | |
Scholastic Book Clubs, Inc. v. Reagan Farr, Commissioner of Revenue, State of Tennessee
The trial court determined that the Commissioner of Revenue’s assessment of sales and use taxes against out-of-state Plaintiff for sales to customers in Tennessee was not permitted under the Commerce Clause of the United States Constitution, and entered judgment in favor of Plaintiff. The Commissioner of Revenue appeals. We reverse and remand. |
Davidson | Court of Appeals | |
Todd Marsh, et al. v. Larry A. Storie, et al.
Todd Marsh and Kari Marsh (“Plaintiffs”) sued Larry A. Storie (“Storie”) and First Tennessee Bank National Association (“First TN Bank”) with regard to, among other things, ownership of real property which had been the subject of both a tax sale and a foreclosure sale. After a hearing, the Trial Court entered an order on January 4, 2011 granting partial summary judgment dismissing First TN Bank from the case, and certifying the judgment as final as to First TN Bank pursuant to Tenn. R. Civ. P. 54.02. Plaintiffs appeal the dismissal of their claims against First TN Bank. We affirm. |
Blount | Court of Appeals | |
In Re: Sierra D.M., et al
The State of Tennessee Department of Children’s Services (“DCS”) filed 1 a petition seeking to terminate the parental rights of Susan M.M. (“Mother”) and Mark M. (“Father”)2 to the minor children Sierra D.M. (“Sierra”) and Hunter Z.M. (“Hunter”) (or collectively “the Children”) pursuant to Tenn. Code Ann. §§ 36-1-113(g)(1) and (g)(3). After a trial, the Juvenile Court3 entered its order on August 17, 2011 finding and holding, inter alia, that clear and convincing evidence existed to terminate Mother’s parental rights to the Children under Tenn. Code Ann. §§ 36-1-113(g)(1) and (g)(3), and that clear and convincing evidence existed that the termination of Mother’s parental rights was in the Children’s best interest. Mother appeals to this Court. We affirm. |
Washington | Court of Appeals | |
Robert F. Meredith et al. v. Kenneth L. Weller et al.
The plaintiff, Robert F. Meredith (“the Owner”), appeals a judgment rendered against him in favor of his home builder, Kenneth L. Weller (“the Builder”), on the Builder’s counterclaim for breach of contract and for attorney’s fees incurred in defending the Owner’s claims for, among other things, defective construction, misrepresentation, breach of contract, and violations of the Tennessee Consumer Protection Act, Tenn. Code Ann. §§ 47-18-101 et seq. (2001)(“the TCPA”). The Builder asks us to award him his attorney’s fees incurred in defending the Owner’s appeal. We affirm the judgment of the trial court in all respects. We also award the Builder his reasonable attorney’s fees incurred on appeal and remand to the trial court for a hearing to determine those fees. |
Hamilton | Court of Appeals | |
Jonathan Paul Gray v. Casey Renea Jeans
Casey Renea Jeans (“Mother”) and Jonathan Paul Gray (“Father”) are the parents of two minor children, Tyler and Alexia (“the Children”, collectively). Mother and Father never were married. As part of the Permanent Parenting Plan (“the PPP”), Mother and Father shared custody of the Children, with Father designated as the primary residential parent. |
Hamblen | Court of Appeals | |
In Re: Ronald L.D.
This is a termination of parental rights case in which the Tennessee Department of Children’s Services (the “Department”) removed Ronald L. D. (the “Child”) from the custody of Ronald B. (“Father”). The Child was adjudicated dependent and neglected, and after Father failed to comply with the permanency plan, the Department petitioned to terminate Father’s parental rights. Following a hearing, the court terminated Father’s parental rights, finding that Father failed to substantially comply with two permanency plans, that the conditions which led to removal persisted, and that termination of Father’s parental rights was in the best interest of the Child. Father appeals. We affirm the decision of the trial court. |
Roane | Court of Appeals | |
Donna Crawford v. Department of Finance and Administration and State of Tennessee Civil Service Commission
Appellant, a civil service employee with the State of Tennessee, appeals the trial court’s judgment affirming the decision of the Civil Service Commission terminating her employment. The Commission had affirmed the initial order by the Administrative Law Judge, who upheld the decision of the Department of Finance and Administration to terminate Appellant’s employment for the good of the service pursuant to Tennessee Code Annotated Section 8-30-326. Discerning no error, we affirm. |
Davidson | Court of Appeals | |
Oliver J. Higgins v. Mark Gwynn, et al.
Petitioner who sought judicial review of the Tennessee Bureau of Investigation’s denial of his request for disclosure of investigative records pursuant to the Tennessee Public Records Act appeals the trial court’s dismissal of the petition. Finding that the records requested are excepted from disclosure, we affirm the judgment. |
Davidson | Court of Appeals | |
State of Tennessee ex rel. Marsha Campbell v. Jeffrey D. Penuel, Sr.
Father filed a petition to terminate child support payments, due to the child for whom the support was payable reaching the age of majority. In disposing of the petition, the trial court, inter alia, assessed an arrearage and waived interest on the arrearage. The State appeals the action of trial court in waiving interest on the arrearage. We find that the court erred in waiving interest on the arrearage and remand the case for a determination of the amount of interest. |
Sumner | Court of Appeals | |
William Lee Drumbarger v. State of Tennessee Board of Probation and Parole, Charles Traughber et al.
Inmate appeals the dismissal of his petition for writ of certiorari for failure to comply with the statutory requirement of verification. We find no error in the trial court’s decision. |
Davidson | Court of Appeals | |
In Re Noah D. and Kevin D.
The trial court terminated the parental rights of the mother of two children on the grounds of abandonment by failure to establish a suitable home, persistence of conditions, and severe child abuse. Mother appeals, contending that the evidence does not clearly and convincingly establish the grounds of termination. We affirm the termination of the mother’s parental rights on the grounds found by the trial court. |
Pickett | Court of Appeals | |
James Fitzpatrick Dendy v. Amy Michelle Dendy
This divorce case covered a span of years in the Trial Court, and the Trial Court ultimately granted the parties a divorce, awarded primary custody of the children to the father, denied alimony to the mother and divided the marital estate between the parties. The mother appealed and has raised numerous issues. Many of the issues raised pertain to matters occurring after the appeal was filed, and we decline to consider these issues. The record establishes the mother did not attend the final hearing wherein the divorce was granted. We vacate that part of the final decree, dividing the marital assets and liabilities, on the ground that the mother established grounds of excusable neglect for failing to attend the trial, and remand to the Trial Court to grant a new trial on this issue. We otherwise affirm the rulings in the Judgment by the Trial Court. |
Knox | Court of Appeals | |
In Re: Estate of Viola B. Copas
This appeal concerns whether the son of a decedent breached his fiduciary duty under a power of attorney and as the personal representative of the decedent’s estate. The siblings sued their brother, asserting that he used undue influence over their mother in order to unlawfully obtain her funds for his benefit to the exclusion of his mother and her estate. The brother argued that the money was properly used to take care of his mother and to run her farm. The trial court entered a judgment in favor of the siblings for $2,040,276, plus attorney fees totaling $102,576.36, upon finding that the brother failed to meet his burden to rebut, by clear and convincing evidence, the presumption of undue influence. We affirm. |
Washington | Court of Appeals | |
Toymeka Quaites v. University of Tennessee College of Pharmacy
This is an appeal from an administrative decision dismissing a student from the University of Tennessee College of Pharmacy. After a hearing, the Administrative Law Judge concluded that the student had violated the Honor Code of the University of Tennessee College of Pharmacy by giving or receiving aid during an exam. The Administrative Law Judge recommended dismissal, which was affirmed by the school’s Interim Chancellor. The student filed a petition for administrative review, which was not signed by her counsel. The chancellor concluded that, because the amended petition was filed outside the sixty day time limit set out inTennessee Code Annotated Section 4-5-322, the chancery court did not have jurisdiction to hear the appeal. The student appeals. Because the student’s brief does not comply with the requirements of the Tennessee Rules of Appellate Procedure, we decline to address the merits of the case and dismiss the appeal. |
Davidson | Court of Appeals | |
City of Cookeville v. Mary Jackson
This is a condemnation case. Appellant, the City of Cookeville, appeals the trial court’s grant of summary judgment in favor of Appellee. The trial court’s grant of summary judgment was based upon its determination that the City of Cookeville failed to include Appellee’s real property in its application for certificates of public purpose and necessity as required under Tennessee Code Annotated Section 13-16-207(f). The trial court also awarded Appellee her reasonable attorney’s fees and expenses. Affirmed and remanded. |
Putnam | Court of Appeals | |
Saundra Thompson v. Memphis City Schools Board of Education
This is a case involving a teacher who was dismissed without a hearing. Appellee teacher failed to return to work after a sick leave and her employment was terminated by the Appellant school board. When the school board refused to give the Appellee a tenure hearing, she filed a complaint for damages based on the Teachers’ Tenure Act and violations of her due process rights. Despite attempts to hold a tenure hearing, no hearing was ever held. On cross-motions for summary judgment, the chancellor reinstated Appellee and awarded her back pay. After a hearing on damages, the chancellor awarded compensatory damages and attorney fees under 42 U.S.C. §1983. School board appeals. We affirm the denial of the school board’s motions to dismiss and for summary judgment, but vacate and remand the grant of Appellee’s motion for partial summary judgment. Affirmed in part, vacated in part, and remanded. |
Shelby | Court of Appeals | |
Christie Quinn-Glover v. The Regional Medical Center at Memphis
Plaintiff filed a retaliatory discharge claim against her employer pursuant to Tennessee Code Annotated section 50-1-304 and the Tennessee common law. The employer filed a motion to dismiss, alleging that Plaintiff’s complaint failed to state a claim upon which relief could be granted. The trial court granted the employer’s motion without granting Plaintiff’s requests to amend her complaint. From the record, it is unclear whether the trial court considered Plaintiff’s requests, and if it did, the reasons for its denial of such are not apparent. Accordingly, we vacate the trial court’s dismissal of Plaintiff’s complaint and we remand for consideration of her requests to amend and for express findings. |
Shelby | Court of Appeals | |
Clifford Leon Houston v. James B. Scott et al
The plaintiff filed this civil action in the shadow of a criminal case brought against him, which resulted in an acquittal. The defendants named in this civil action include two trial judges who presided over different aspects of the criminal case, the Circuit Court Clerk and two deputy court clerks of Roane County, Tennessee, and the State of Tennessee. All of the defendants filed motions to dismiss the civil action or motions for summary judgment on various grounds including judicial immunity, sovereign immunity, and that all of the alleged acts or omissions were performed under the color of law or in the performance of their official duties. The trial judge dismissed the civil action against the judges based upon judicial immunity, dismissed the action against the State upon sovereign immunity, and summarily dismissed the action against the clerks upon the unrefuted fact that the clerks properly fulfilled their official duties and because the complaint failed to explain how the plaintiff was damaged by the clerks’ actions. The trial court also dismissed Roane County, which was named as a defendant, because no specific allegations were made against the county independent of the claims against the clerks. We affirm the trial court in all respects. |
Roane | Court of Appeals |
