TN Court of Appeals

JOSHLIN RENEE WOODRUFF BY AND THROUGH DOROTHY COCKRELL, ET AL. v. ARMIE WALKER M.D., ET AL.

The plaintiffs, a mother and her child, filed this health care liability action in September 2015. The complaint alleged that both plaintiffs suffered permanent injuries resulting from the defendant health care providers’ negligent care during the child’s birth in June 2012. The defendants moved to dismiss the mother’s claims based on expiration of the one-year statute of limitations in Tennessee Code Annotated section 29-26-116(a)(1) and to dismiss the claims of both plaintiffs based on expiration of the three-year statute of repose in Tennessee Code Annotated section 29-26-116(a)(3).

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Attorney 1: 

Joe Bednarz, Sr. and Joe Bednarz, Jr., Hendersonville, Tennessee, for the appellants, Beverly Woodruff and Dorothy Cockrell.

Attorney 2: 

Marty R. Phillips and Craig P. Sanders, Jackson, Tennessee, for the appellee, Armie Walker.

Darrel E. Baker, Jr., Deborah Whitt, and M. Jason Martin, Memphis, Tennessee, for the appellees, Timothy Hutchinson, Michael Martindale, and Professional Anesthesia Associates, P.C.

Jennifer S. Harrison, James E. Looper, Jr., and Lauren Dunavin Callins, Memphis, Tennessee, for the appellee, Elliott Clifton Roberts, Jr.

Dixie W. Cooper and Kaycee L. Weeter, Nashville, Tennessee, for the appellees, Nathan John Hoeldtke and Mid-South Perinatal Associates, P.C.

Patrick W. Rogers, Jackson, Tennessee, for the appellees, West Tennessee OB-GYN Services aka West Tennessee OB-GYN Clinic, Jackson-Madison County General Hospital District, West Tennessee Healthcare, Inc., Anna McIntyre, Kara Carter, Lisa L. Johnson, Jessica Perry, and Dena Etheridge.

Judge: 
GOLDIN

TIMOTHY ROBERSON v. CHERRY LINDAMOOD, ET AL.

An inmate in the custody of the Tennessee Department of Correction filed this lawsuit against three prison employees seeking to recover certain personal property. The trial court dismissed the lawsuit without prejudice based on the inmate’s failure to comply with Tennessee Code Annotated section 41-21-805, which requires inmates wanting to proceed in forma pauperis to submit to the trial court a complete list of every previous lawsuit or claim filed by the inmate. Discerning no error, we affirm.

Attorney 1: 

Timothy Roberson, Clifton, Tennessee, Pro se.

Attorney 2: 

James I. Pentecost, J. Austin Stokes, and Jonathan D. Buckner, Jackson, Tennessee, for the appellees, Cherry Lindamood, Bruce L. Woods, and Wanda Spears.

Judge: 
GOLDIN

IN RE LENA G.

This is a termination of parental rights case involving the child, Lena G. (“the Child”), who was fifteen years of age at the conclusion of trial. On October 8, 2013, the Washington County Juvenile Court (“trial court”) granted temporary legal custody of the Child to the Tennessee Department of Children’s Services (“DCS”). The Child was immediately placed in foster care, where she has remained since that date. Following a hearing, the trial court entered an order on June 11, 2014, adjudicating the Child dependent and neglected in the care of the parents.

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Attorney 1: 

Joseph O. McAfee, Greeneville, Tennessee, for the appellant, Teddy G.

Attorney 2: 

Robert Black, Kingsport, Tennessee, for the appellant, Sherry G.

Herbert H. Slatery, III, Attorney General and Reporter, and Brian A. Pierce, Assistant Attorney General, for the appellee, Tennessee Department of Children’s Services.

Rachel Ratliff, Johnson City, Tennessee, Guardian Ad Litem.

Michelle Caggiano, Johnson City, Tennessee, Attorney Ad Litem.

Judge: 
FRIERSON

TONY FRANK ET AL. v. RONNIE FIELDS

This case involves a claim of undue influence against an attorney-in-fact for his role in changing bank accounts and certificates of deposit owned by the principal to be payable on death to the attorney-in-fact. The principal, or decedent in this action, died at the age of ninety-five in January 2012. The decedent was survived by two nieces and three nephews, one of whom, the defendant, was the decedent’s attorney-in-fact and the personal representative of his estate.

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Attorney 1: 

J. Lewis Kinnard, Madisonville, Tennessee, and Keith McCord, Knoxville, Tennessee, for the appellants, Tony Frank, Joyce Dodd, and Teresa Hipps.

Attorney 2: 

John W. Cleveland, Sr., Sweetwater, Tennessee, and Doris A. Matthews, Madisonville, Tennessee, for the appellee, Ronnie Fields.

Judge: 
FRIERSON

IN RE MARCH 9, 2012 ORDER

This appeal involves an attempt to set aside an allegedly void order pursuant to Rule 60.02(3) of the Tennessee Rules of Civil Procedure. The trial court dismissed the petition for multiple reasons, including res judicata. We affirm and remand for further proceedings.

Attorney 1: 

Larry E. Parrish, Memphis, Tennessee, for the appellant, William Goetz.

Attorney 2: 

John Lewis Wardlaw, Memphis, Tennessee, for the appellee, Donel Autin and Dana Autin.

Judge: 
GIBSON

CITY OF CHATTANOOGA, ET AL. v. TAX YEAR 2011 CITY DELINQUENT REAL ESTATE TAXPAYERS

This case involves a request to redeem real property following a tax sale. The trial court entered an order of redemption, divested title out of the tax sale purchaser, and directed the court clerk to refund the tax sale purchaser the money expended to purchase the property, plus other sums. We affirm. Finding the appeal to be frivolous, we remand for a determination of damages pursuant to Tennessee Code Annotated section 27-1-122.

Attorney 1: 

Wilson C. von Kessler, II, Chattanooga, Tennessee, for the appellant, Thomas G. Hyde.

Attorney 2: 

James C. Davey, Chattanooga, Tennessee, for the appellees, City of Chattanooga and Hamilton County Back Taxes.

Barry L. Abbott, Chattanooga, Tennessee, for the appellee, S & S Investment Group.

Judge: 
GOLDIN

IN RE CASYN B., ET AL.

A father appeals the termination of his parental rights. The court terminated the father’s rights on the grounds of abandonment by engaging in conduct that exhibited wanton disregard for the children’s welfare, as well as substantial noncompliance with the permanency plan. The court found that termination was in the children’s best interests. Upon our review, we affirm the judgment of the trial court.

Attorney 1: 

C. Brent Keeton, Manchester, Tennessee, for the appellant, Robert B.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; Ellison M. Berryhill, Assistant Attorney General, for the appellee, Tennessee Department of Children’s Services.

Judge: 
DINKINS

TAMALA TEAGUE, ET AL. v. GARNETTE KIDD, ET AL.

In this fraudulent conveyance action, a trial by jury resulted in judgment for decedent’s estate against defendants. Defendants filed a motion for a new trial asserting that: (1) the trial court erred in failing to grant a mistrial after counsel for decedent’s estate made a comment about one of the defendant’s credibility from “past cases” purportedly in the presence of the jury; and (2) no evidence supports the jury verdict. The trial court denied the post-trial motion and affirmed the jury verdict. Defendants appealed. We affirm.

Attorney 1: 

William J. Brown, Cleveland, Tennessee, for the appellants, Garnette Kidd, and William Kidd.

Attorney 2: 

Andy D. Lewis, Chattanooga, Tennessee and R. Prince Miller, Jr., Cleveland, Tennessee, for the appellee, Tamala Teague.

Judge: 
STAFFORD

KRISTIE LINLEY SIBLEY v. COREY D. SIBLEY

This is a divorce case. Wife was granted a divorce due to Husband’s inappropriate marital conduct. The trial court then made a division of the parties’ marital property and debt, which included an award to Wife of the marital residence and the equity therein. The court further awarded Wife $1,100 per month for 36 months in rehabilitative alimony and $3,000 in attorney’s fees as alimony in solido. Husband appeals the trial court’s awards of the marital residence and alimony to Wife. Wife seeks attorney’s fees for defending this appeal.

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Attorney 1: 

Mark Robert Olson and Taylor Robinson Dahl, Clarksville, Tennessee, for the appellant, Corey D. Sibley.

Attorney 2: 

Timothy T. Ishii, Nashville, Tennessee, for the appellee, Kristie Linley Sibley.

Judge: 
GIBSON

KATRINA PARRISH v. MICHAEL GRIGGS

This appeal involves a petition to establish paternity, which was filed when the child was a teenager. DNA testing established the father as the biological father of the child. In the father’s counter-petition for custody, he claimed that, shortly after the child’s birth, the mother informed him that he was not the child’s father. After a two-day trial, the juvenile court entered an order establishing the father’s parentage, naming the mother primary residential parent, and changing the child’s surname to the father’s surname.

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Attorney 1: 

Mary L. Wagner, Memphis, Tennessee, for the appellant, Michael Griggs.

Attorney 2: 

Katie P. Hagenbrok and Ryan M. Hagenbrok, Savannah, Tennessee, for the appellee, Katrina Parrish.

Judge: 
MCBRAYER