COURT OF APPEALS OPINIONS

Jimmy Wilson v. State
M2000-02934-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Irvin H. Kilcrease, Jr.
By opinion of this Court dated August 27, 1999, dismissal by the trial court of Plaintiff's Petition for Declaratory Judgment or Common Law Writ of Certiorari complaining about computation of his sentence reduction credits was affirmed with costs assessed against Petitioner. He then attempted to have his inmate trust account shielded from collection of court costs by claiming exceptions under Tennessee Code Annotated section 26-2-101, et seq. The trial court denied his application and he filed timely appeal. We affirm the trial judge.

Jon Hall v. Bill McLesky, et al.
M2000-01857-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol L. Mccoy
A death row inmate filed a Petition for Declaratory Judgment, claiming that employees of the Department of Correction had caused his attorney's phone number to be removed from an approved calling list, and had refused to restore the number to the list in a timely way. The inmate named seven employees of the Department and a private telephone company as defendants, and demanded monetary damages. The trial court dismissed the action, because the petitioner failed to comply with the mandatory requirements of the Uniform Administrative Procedures Act. Because we do not believe the petitioner was entitled to relief under any of the theories he advanced, we affirm the trial court.

State vs. Florence Harrell
E2001-01710-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
In this appeal from the Chancery Court for Union County the Petitioner/Appellant, the State of Tennessee ex rel. Thomas J. Harrell, contends that the Chancery Court erred in denying the State a judgment against the Respondent/Appellee, Florence E. Harrell, for retroactive child support and for reimbursement of AFDC benefits paid by the State on behalf of Mr. Harrell and his and Ms. Harrell's two minor children. We affirm the judgment of the Chancery Court.

Ricky W. Mcelhaney v. Howard B. Barnwell
E2000-02748-COA-F3-CV
Trial Court Judge: Howell N. Peoples

Ricky McElhaney vs. Howard Barnwell
E2000-02748-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Howell N. Peoples

Kathie King v. Billy King
M2001-00275-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Jim T. Hamilton
This is an appeal of a divorce proceeding presented to the trial court in an unusual manner, by agreement of all parties and all attorneys. Husband appeals the final judgment, and we affirm in part and reverse in part.

In the Matter of: C.J.S.
M2000-02836-COA-R3-JV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ben Hall Mcfarlin
A.E.S. is the mother of C.J.S., who has been in foster care for four of his five years. At the State's petition, the trial court terminated these rights based upon A.E.S.'s mental incapacities. A.E.S. appealed this decision arguing that the grounds for termination were not proven by clear and convincing evidence. We affirm the decision of the trial court.

Sharon Kaye Outten v. Russell Campbell
M2001-00490-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Tom E. Gray

Dept. of Children's Svcs. vs. Jeri Layne
M2001-00652-COA-R3-JV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Earlene Y. Speer
This is a termination of parental rights case involving four small children. The parental rights of the biological father, Carl Edward Layne, were terminated after default judgment was entered against him and such termination has not been appealed. The parental rights of the biological mother, Jeri Fay Layne, were terminated by the Juvenile Court of Grundy County after a hearing based upon statutory grounds of abandonment, failure to substantially comply with the permanency plan and persistent, unremedied conditions. Mrs. Layne timely appealed and we affirm the judgment of the Juvenile Court.

Martin Walker vs. State
E2001-00629-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Martin Walker, an inmate in the Penal System of this State, filed two separate claims against the State in the amount of $30,000 and $1,000,000, alleging his constitutional rights of equal protection and due process were violated. The State's response contends that the claims he makes are not authorized against the State by T.C.A. 9-8-307(a), and also that both claims are barred by the one-year Statute of Limitations. The Claims Commissioner dismissed his claims and we affirm.

Alfred Bibbins, a/k/a Ed Owens vs. T.R. Gunn
E2001-01070-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Samuel H. Payne
The plaintiff filed a complaint seeking money damages and other relief against the defendant. The complaint alleges that the plaintiff is entitled to the requested relief based on past defamatory statements and anticipated "libelous and slanderous statements that damage plaintiff's reputation." The trial court dismissed the complaint "for lack of proof." We affirm.

Services v. D.G.S.L.
2001-00742-COA-R3-JV
Trial Court Judge: Carey E. Garrett

Ray White v. Regions Financial Corp.
M2000-02957-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Barbara N. Haynes
In this appeal from the Circuit Court for Davidson County, the Plaintiff/Appellant, F. Ray White, contends that the Trial Court erred in granting the Defendant/Appellee, Regions Financial Corporation, a summary judgment against him with regard to his cause of action for age discrimination under the Tennessee Human Rights Act. We affirm the judgment of the Trial Court and we adjudge costs of appeal against Mr. White and his surety.

Thelia Barrett v. White House Utility District
M2000-02426-COA-R3-CV
Authoring Judge: Judge John A. Turnbull
Trial Court Judge: John D. Wootten, Jr.
This appeal challenges an award of damages made to the plaintiff by the trial judge after a bench trial. Defendant claims the trial judge's finding of causation is contrary to the weight of the evidence, that the damages are excessive and that it was error to award discretionary costs. Plaintiff claims that the award was inadequate. We affirm the trial court in all respects.

Ralph Alley, et al vs. Quebecor World Kingsportet al
E2004-01274-COA-R9-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: John K. Wilson
This is an interlocutory appeal from the Trial Court's refusal to dismiss the action on the grounds that federal laws preempt a state action. We reverse and dismiss.

James O'Neal Vineyard, et ux. v. Walker Betty, et ux.
M2001-00642-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Robert E. Burch
Following a bench trial, the trial court found sufficient evidence to show the existence of a prescriptive easement across the property of the defendants in favor of the plaintiffs. Defendants appeal, arguing that clear and convincing evidence did not exist to support the trial court's finding and that at trial plaintiff did not submit proof of irreparable harm necessary to secure injunctive relief. Appellant failed to submit a transcript of the trial court proceedings or a statement of the evidence to the appellate court leaving this court only the technical record for consideration on appeal. In the absence of a transcript or statement of the evidence, this court must presume the evidence supported the trial court's findings. Therefore, we affirm the decision of the trial court.

12-98-044-CC
12-98-044-CC
Trial Court Judge: A. Andrew Jackson

In Re: D.M.S., G.H.S., and T.M.S.
M2004-02584-COA-R3-PT
Authoring Judge: Judge William B. Cain
Trial Court Judge: Betty K. Adams
Mother appeals the Davidson County Juvenile Court's Order Terminating her parental rights to three children, T.M.S., and D.M.S. and G.H.S. Father of D.M.S. challenges the trial court's termination of his parental rights. We affirm the decision of the trial court in all respects.

Cedric Franklin v. Tennessee Department of Correction
M2001-00279-COA-R3-CV
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

A prison disciplinary board found a minimum security prisoner to be guilty of violation of state law. The prisoner filed a Petition for Writ of Certiorari, claiming that the board had denied him due process. The trial court dismissed the petition. We affirm.

Billy R. Sadler v. Tennessee Board of Probation and Parole
M2001-02341-COA-R3-CV
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Ellen Hobbs Lyle

A prisoner who was denied parole filed a Petition for Writ of Certiorari, challenging, on constitutional grounds, the procedures followed by the Parole Board. The trial court dismissed the petition. We affirm.

State of Tennessee, Department of Children's Services, v. Jennifer Lee Netherton Whited, et al.
M2000-03213-COA-R3-JV
Authoring Judge: Special Judge Walter C. Kurtz
Trial Court Judge: Judge A. Andrew Jackson

This appeal involves the termination of parental rights. The juvenile court terminated the parental rights of both parents. Appellant/mother challenges the juvenile court’s termination of her rights contending the juvenile court erred by allowing in certain documentary evidence, that the evidence did not clearly and convincingly establish that termination was in the child's best interest, the court failed to state affirmatively that termination was in the best interest of the child, and the petition for termination was defective as it did not explicitly state the statutorily mandated language of Tenn. Code Ann. § 36-1-113(d)(3)(C) (Supp. 2000). As discussed below, we affirm the judgment of the juvenile court.
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Sue S. Plemmons v. Mike Graves, et al.
E2001-00733-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Judge Lawrence H. Puckett

This case involves whether Mike and Bonnie Graves d/b/a/ GRESCO ("Defendants" or "Lessees") breached a commercial lease with Sue S. Plemmons ("Plaintiff" or "Lessor"). The lease was entered into in 1983 and permitted the installation of a billboard on Plaintiff's property. Plaintiff claims Lessees breached the lease when they paid the rent for 1999 late and when they refused to pay an increase from $250 to $1,500 in the annual rent. The Trial Court held that Lessees did not breach the lease and dismissed the case. We affirm.

Ronald Strickland v. Tami M. Franklin
M2001-00331-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge William S. Vinson

This appeal involves the custody of a child born out of wedlock to a mother who was at all times married to another man. The trial court awarded the mother custody. The father of the child now appeals. We have determined that the trial judge did not err in failing to recuse himself and properly awarded custody to the mother. Accordingly, we affirm.

El-Shabazz Ahkeen v. Donal Campbell, et al.
M2000-02411-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

A state prisoner appeals the trial court's dismissal of his petition for writ of certiorari seeking judicial review of sanctions imposed in prison disciplinary proceedings. He asserts the proceedings denied him due process and that the board's failure to follow Department of Correction policies and procedures constituted an illegality under state law grounds for common law writ of certiorari. We affirm the trial court and hold (1) the sanctions imposed did not trigger due process protections, (2) the alleged failure to follow specific procedures did not amount to failure to follow the essential requirements of the law in the context of prison disciplinary proceedings, and (3) there was evidence to support the board's finding.

Arthur L. Rawlings, Jr. v. The John Hancock Mutual Life Insurance Company, et al.
M2000-03191-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Carol L. Soloman

This appeal involves a dispute between a decedent’s estranged husband and brother over the proceeds of a $12,000 life insurance policy. When he discovered that his deceased wife had removed him as the beneficiary of her policy, the husband filed suit in the Circuit Court for Davidson County seeking to invalidate the change of beneficiary form. Following a bench trial, the trial court found that the decedent lacked the capacity to change the beneficiary on her life insurance policy and that the decedent’s brother had procured the change through undue influence. Accordingly, the trial court awarded the decedent’s husband the proceeds of her life insurance policy as well as $350 that his brother-in-law had removed from a joint account using a power of attorney he obtained from the decedent. We have determined that the evidence does not support the trial court’s conclusion that the decedent lacked capacity to change the beneficiary of her life insurance policy and that the decedent’s husband never asserted an undue influence claim in the trial court. Accordingly, we reverse the judgment and remand the case with directions to award the proceeds of the life insurance policy to the decedent’s brother.