Stacy Christina Knellinger v. Mark Steven Knellinger and Becki Knellinger
In this post-divorce action, Father filed two petitions asserting several counts of criminal contempt against Mother based on alleged violations of the Parenting Plan. Father also petitioned the court to modify the Parenting Plan to name him the primary residential parent and grant him sole decision-making authority over the children’s educations, non-emergency healthcare, and extracurricular activities. Mother then filed a petition seeking to permanently enjoin Father’s new wife (“Step-mother”) from participating in certain activities with the children, such as signing their school report cards, volunteering at the school, and sending home notes in their lunch boxes. After a three-day hearing, the trial court found Mother guilty on three counts of criminal contempt, and assessed a $150 fine (fifty dollars per count), which the court required her to pay toward counseling with Father. The trial court denied Father’s Petition to Modify the Parenting Plan, finding there was no material change of circumstances affecting the children’s interest, a finding which Father does not appeal. The trial court also denied Mother’s petition for a permanent injunction against Step-mother, finding it was unnecessary. Both parties were required to pay their own attorney’s fees. We affirm the trial court’s decision to deny Mother’s request for a permanent restraining order against Step-mother. However, we have determined the trial court erred in finding Mother guilty of criminal contempt, and we reverse all three convictions. Finally, we find Mother is entitled to her reasonable and necessary attorney’s fees incurred in the trial court in defense of Father’s Petition to Modify the Parenting Plan, pursuant to Tennessee Code Annotated § 36-5-103(c), and remand for a determination and award thereof. |
Williamson | Court of Appeals | |
Raleigh Court Condominiums, Homeowners' Association, Inc. v. E. Doyle Johnson Construction Co., et al
Homeowners’ association filed suit against general contractor because of drainage issues alleging fraud, negligent misrepresentation, negligence, violations of the Tennessee Consumer Protection Act, and breach of the implied warranty of “good and workmanlike” construction. The trial court found in favor of homeowners’ association. The general contractor appeals. We affirm. |
Knox | Court of Appeals | |
Amanda Marie Sykes v. Joshua Neal Sykes
In this divorce proceeding, Mother and Father entered into a Marital Dissolution Agreement and Permanent Parenting Plan, which were incorporated into the final decree of divorce; the parties shared equal parenting time with their two children and neither party was obligated to pay child support. Mother subsequently filed a petition to set support, as well as a motion for relief from the final decree, both of which sought to have the court set support in accordance with the child support guidelines. The court denied the petition and the motion on the grounds that the parties had agreed in the parenting plan that child support would not be paid and that a significant variance did not exist. Finding that relief to Mother is appropriate under the circumstances, we reverse the judgment and remand the case for further proceedings. |
Maury | Court of Appeals | |
Amanda Marie Sykes v. Joshua Neal Sykes - Concur/Dissent
This appeal involves a judgment by the trial court that dismissed two motions filed by Mother. The first was the Motion to Alter or Amend the trial court’s decision denying the Petition to Set Support. That petition was denied on the basis that no significant variance existed. The second was Mother’s motion for relief pursuant to Tenn. R. Civ. P. 60.02. That motion was directed to the original decree of divorce and, more specifically, to the original child support established in the parenting plan. |
Maury | Court of Appeals | |
Aubrey Owens & The Estate of Louis Gernt v. Aleeta Tipton Evans, Timothy L. Goad et al.
This is an appeal from a judgment entered against one of four defendants. Because the judgment appealed does not resolve all the claims between all the parties, we dismiss the appeal for lack of a final judgment. |
Fentress | Court of Appeals | |
Rhonda Sue Watkins v. Kenneth Danny Watkins
The trial court granted Father’s petition to modify child custody and child support, and denied Mother’s petition to increase alimony. Mother appeals. We vacate the trial court’s judgment with respect to Mother’s petition to modify alimony, and remand for findings of fact and further proceedings, if necessary. The remainder of the judgment is affirmed. |
Williamson | Court of Appeals | |
Patsy Freeman, Personal Representative & Administratrix of the Estate of John R. Freeman v. CSX Transportation, Inc. et al.
After a lengthy trial, the trial court determined that the decedent was more than 50% at fault for the collision that resulted in his death. The evidence does not preponderate against the trial court’s findings and we therefore affirm. |
Bedford | Court of Appeals | |
Sandeep Gadhok v. Zameer Merchant
The trial court granted Defendant’s motion to dismiss for lack of prosecution. We affirm. |
Shelby | Court of Appeals | |
Wilma Ann Vance v. Donah Howard Arnold
The trial court dismissed Husband’s post-judgment motion based on its conclusion that it lacked subject matter jurisdiction. We reverse. |
Campbell | Court of Appeals | |
Fred Barnes v. Herbert Hamm
This appeal concerns the circuit court’s dismissal of an appeal from the general sessions court. We dismiss the appeal for failure to comply with Rule 29 of the Tennessee Rules of Appellate Procedure. |
Shelby | Court of Appeals | |
The Metropolitan Government of Nashville & Davidson County, Tennessee v. Metropolitan Nashville Education Association
County board of education filed a declaratory judgment action seeking declaration that the high school principal’s decisions to re-assign certain extracurricular sponsorships were not subject to arbitration under the collective bargaining agreement between the board of education and the education association. The trial court entered judgment in the board of education’s favor and the education association appealed. We affirm. |
Davidson | Court of Appeals | |
IN RE: Adoption of Alexander M. S. F. et al
The mother and stepfather of two children filed a petition to terminate the parental rights of the children’s father on the ground of abandonment. The trial court terminated father’s rights on the grounds that he willfully failed to visit the children and paid only token support for the children in the four months preceding the filing of the petition. After a careful review of the record and the applicable law, we reverse the trial court, finding there is not clear and convincing proof that father’s lack of visitation was willful. We further hold that father’s payment of $697.76 in child support during the relevant time period was not mere “token support.” |
Hickman | Court of Appeals | |
In Re: Aspyn S. J.
Mother challenges the decision of the trial court terminating her parental rights to her daughter, Aspyn S.J. We find clear and convincing evidence to support the trial court’s determination that Mother abandoned her child by willfully failing to provide support and that termination of Mother’s parental rights is in the best interest of the child. |
Wayne | Court of Appeals | |
Richard McGarity and Teresa McGarity v. Corbin Jerrolds and Amber Jerrolds
This is a grandparent visitation case. The trial court awarded visitation to paternal grandparents on the basis of a finding of severe emotional harm to the child if visitation was not granted. The child’s mother and adoptive father appeal. We affirm the trial court’s ruling with regard to the evidentiary and procedural issues, but reverse as to the finding of a likelihood of severe emotional harm. Affirmed in part, reversed in part, and remanded. |
Shelby | Court of Appeals | |
Greg Parker, et al. v. Holiday Hospitality Franchising, Inc., et al.
This is a premises liability case in which Plaintiffs alleged that a shower bench in Hotel collapsed, causing Husband to fall and sustain injuries. Plaintiffs filed suit against Defendant, claiming negligence. Defendant filed a motion for summary judgment, asserting that he did not install the bench and did not have actual or constructive notice of the independent contractor’s negligent installation of the bench. The trial court granted the motion for summary judgment and dismissed the case. Plaintiffs appeal. We reverse the decision of the trial court and remand for further proceedings. |
Roane | Court of Appeals | |
In Re: Johnny K.F. - Dissenting
The termination of Father’s parental rights was based upon his alleged abandonment of the Child because he had engaged in conduct prior to incarceration that exhibited a wanton disregard for the Child’s welfare. The majority held that the trial court improperly relied upon this ground of abandonment because the termination petition merely alleged abandonment for failure to visit and to submit child support. I respectfully disagree. |
Hamilton | Court of Appeals | |
In Re: Johnny K.F.
Grandparents Johnny F. and Sharon E. F. (“the Petitioners”) filed a petition in the Chancery Court for Hamilton County (“the Trial Court”) seeking to terminate the parental rights of Shawn L. F. (“Father”) and Shauna L. F. (“Mother”) to the minor child Johnny K. F. (“the Child”). After trial, the Trial Court entered an order finding and holding, inter alia, that clear and convincing evidence existed to terminate Father’s and Mother’s parental rights under Tenn. Code Ann. § 36-1-102 (1)(A)(iv) with respect to Father and Tenn. Code Ann. § 37-1- 102 (b)(23) and Tenn. Code Ann. § 36-1-113 (g)(3) with respect to Mother, and that termination was in the best interests of the Child. Father and Mother appeal to this Court. We reverse, in part, and vacate, in part, the judgment of the Trial Court and remand for a new trial. |
Hamilton | Court of Appeals | |
David Andrew Thorneloe v. Cheree Anne Osborne
This case involves a parent’s petition to relocate pursuant to Tennessee Code Annotated § 36-6-108 (2010). The mother, Cheree Anne Osborne (“Mother”), notified the father, David Andrew Thorneloe (“Father”), of her intent to relocate to Wisconsin with the parties’ two children for the purpose of residing with her new husband. Father opposed the relocation. The parties stipulated that they were not spending substantially equal intervals of time with the children. Following a bench trial, the trial court denied Mother’s request to relocate based on Tennessee Code Annotated § 36-6-108(d), finding that the relocation did not have a reasonable purpose and that the relocation would pose a threat of specific and serious harm to the children. The trial court also found that the relocation was not in the children’s best interest. Mother appeals. Discerning no error, we affirm. |
Sullivan | Court of Appeals | |
Frank Ray Baggett v. Anne Marie Baggett
This is the divorce case of Frank Ray Baggett (“Husband”) and Anne Marie Baggett (“Wife”). After eight years of marriage, Wife sued Husband for divorce. The following year, Husband sued Wife for wrongfully excluding him from A&F Computers, a computer sales and repair business. Husband sought his alleged share of the profits from the business, damages, and dissolution of the claimed partnership. By agreement, the two cases were consolidated for trial. The parties stipulated that grounds for divorce exist and the trial court decreed a divorce. Following the hearing, the court classified, valued, and divided the parties’ property. The court determined that A&F was a sole proprietorship and awarded it to Wife. On appeal, Husband challenges the determination and disposition of A&F and the overall property division. He argues that the court’s division is not equitable. We affirm. |
Hamilton | Court of Appeals | |
State of Tennessee v. Charles D. Sprunger
This is a forfeiture case. Appellant was convicted of a Class B felony for sexual exploitation of children pursuant to Tennessee Code Annotated Section 39-17-1003. Appellant tendered his home computer to a repair shop. Upon examination of the hard drive, the technician discovered unlawful images and notified local law enforcement. A search warrant was subsequently executed for Appellant’s home, where parts of the computer in question were discovered. After Appellant’s arrest, a forfeiture warrant was executed and, after his mortgage indebtedness was satisfied, proceeds from the sale of Appellant’s real property were forfeited to the State pursuant to Tennessee Code Annotated Section 39-17- 1008. Appellant appeals the forfeiture of these proceeds. Discerning no error, we affirm and remand. |
Cumberland | Court of Appeals | |
Anthony Overton, et al v. Hilda Gay Lowe, et al
This litigation arose out of a family dispute regarding the ownership of a farm of approximately 300 acres. In 1985, Mr. and Mrs. Arlie Overton, who will be referred to collectively as “the parents,” conveyed their interest in the property to their five adult children. The complaint in this case alleges that, at the time of the conveyance, the parents and the children agreed that the children would transfer the property back to the parents upon their request. In 1986, three of the children conveyed their interest in the property to the other two children. In 1999, Novella Overton (“ Mother”) asked the two defendant daughters to transfer the property back. The daughters refused. The parents and the three grantors of the 1986 deed brought suit against the two daughters and a son-in-law, alleging breach of the oral agreement to reconvey. At the close of the plaintiffs’ proof during a jury trial, the court granted the defendants’ motion for a directed verdict as to all claims. We hold that there was material evidence before the jury supporting the claim that there was an oral agreement to transfer the property back to the parents. We further hold that the trial court erred in concluding, as a matter of law, that the 1986 conveyance in some way terminated the oral agreement and extinguished the parents’ claim. Accordingly, we vacate the directed verdict as to the claim of Anthony Overton, Executor of the Estate of Mother. As to the directed verdict with respect to the claims of the plaintiffs Shairon Fay Howard, Derita Kay McCulloch, and Arlie Dennis Overton, we affirm the trial court’s judgment. This case is remanded for further proceedings as to the complaint of the Executor of Mother’s estate. |
Scott | Court of Appeals | |
In Re: J.R.P.
This is a parental termination case. The appellant mother bore the child at issue when she was only 13 years old. After the mother turned 18, she was turned out of her mother’s home and moved often. At that point, the Tennessee Department of Children’s Services intervened and the child was eventually placed in foster care. Months later, DCS filed the instant petition to terminate the mother’s parental rights. In the ensuing bench trial, the proof showed that, during an interim between nonconsecutive trial days, the child was removed from his long-term foster placement and placed with a new foster family. The trial court found several grounds for termination and that termination of the mother’s parental rights was in the child’s best interest. The mother now appeals only the best interest determination. We reverse, on the basis that the record does not contain clear and convincing evidence that termination of the mother’s parental rights is in the child’s best interest. |
Rutherford | Court of Appeals | |
In Re: Jayden B.H. et al
This is a termination of parental rights case, which was heard by the trial court on January 29, 2013. The trial court entered an order terminating the parental rights of the father, Herman H. (“Father”), on February 1, 2013. Father did not file his notice of appeal until March 11, 2013. Because Father’s notice of appeal was not filed within thirty days of the date of entry of judgment, pursuant to Tennessee Rule of Appellate Procedure 4, it was untimely. We must therefore dismiss Father’s appeal. |
Knox | Court of Appeals | |
Aubrey E. Givens, Individually And As Administrator of the Estate of Jessica E. Givens, Deceased v. Hardie V. Sorrels, III, M. D.
This is an appeal from a jury verdict. The plaintiff filed this lawsuit against the defendant physician, claiming that his medical malpractice caused the death of the decedent. The trial court conducted an eight-day jury trial on the plaintiff’s claims. The jury ultimately rendered a verdict in favor of the defendant physician. The plaintiff now appeals, asking this Court to reverse the trial court’s judgment on the verdict on the basis of numerous alleged errors. After careful review of the record, we affirm. |
Wilson | Court of Appeals | |
In re: Kaitlyn B. S. et al.
The Bedford County Juvenile Court terminated the parental rights of the mother of two children on the grounds of failure to support,substantial noncompliance with the permanency plans,and persistence of conditions,and upon the determination that termination of mother’s rights was in the best interests of the children. The father executed a voluntary surrender of parental rights to the children. Mother appeals. Finding the evidence clear and convincing, we affirm. |
Bedford | Court of Appeals |
