TN Court of Appeals

IN RE: LILLY C., ET AL.

This appeal involves termination of a father‟s rights to three children. The trial court found the father, who was incarcerated at the time of the final hearing, had abandoned the children by engaging in such conduct prior to incarceration as to exhibit a wanton disregard for their welfare, in that there was a history of domestic violence between the father and the children‟s mother. Further, the father had violated his probation by failing a drug screen.

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Attorney 1: 

Jonathan Roy Hamby, Crossville, Tennessee, for the appellant, James L. C., Jr.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter, and Paul Jordan Scott, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee, Department of Children‟s Services.

Judge: 
MCCLARTY

LAMAR TENNESSEE, LLC DBA LAMAR ADVERTISING OF KNOXVILLE v. CITY OF KNOXVILLE, TENNESSEE, ET AL.

In 2006, Lamar Tennessee, LLC began the conversion of two of its billboards from ―vinyl-faced‖ to ―digital display‖ utilizing light-emitting diode (LED) technology. Before Lamar could complete these conversions, a sign inspector for the City of Knoxville issued a stop-work order on each of the billboards. A zoning inspector for the City, in her own name, subsequently filed a complaint against Lamar, grounded in Tenn. Code Ann. § 13-7-208(a)(2) (Supp.

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Attorney 1: 

Gregory P. Isaacs and Craig Justus, Knoxville, Tennessee, for the appellant, Lamar Tennessee, LLC dba Lamar Advertising of Knoxville.

Attorney 2: 

Nathan D. Rowell and Brian R. Bibb, Knoxville, Tennessee, for the appellee, City of Knoxville, Tennessee.

Judge: 
SUSANO

JAMES MASON YATES v. SALLY JO SEITZ YATES

Husband and Wife were married for a little over three years and had one child together when Husband filed a complaint for divorce. Wife wanted a prenuptial agreement, and Husband prepared and signed an agreement that he presented to Wife before the parties were married. Wife testified she signed the document Husband presented to her before the parties‘ marriage ceremony. Following a pretrial hearing, the trial court determined the prenuptial agreement was not valid.

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Attorney 1: 

James Barger, Murfreesboro, Tennessee, for the appellant, James Yates.

Attorney 2: 

Gregory D. Smith and Brenton H. Lankford, Nashville, Tennessee, for the appellee, Sally Jo Seitz Yates.

Judge: 
BENNETT

LARRY STEELE v. ELIZABETH JONES

This appeal arises out of suit brought to recover possession of a dog; the party which brought the suit has appealed to this court. The document filed by the Appellant fails to comply with Rule 27 of the Tennessee Rules of Appellate Procedure and renders this Court unable to review the resolution of the case in the trial court. We therefore affirm the judgment of the circuit court.

Attorney 1: 

Larry Steele, Gallatin, Tennessee, Pro Se.

Attorney 2: 

Elizabeth Jones, Hendersonville, Tennessee, Pro Se.

Judge: 
DINKINS

IN RE DESTINY H., ET AL.

This appeal involves a petition to terminate a mother’s parental rights on the grounds of abandonment by willful failure to support and willful failure to visit. We affirm the trial court’s finding that grounds for termination do not exist as to either ground. Accordingly, we affirm the trial court’s decision not to terminate the parental rights of the mother.

Attorney 1: 

Vicki L. Green, Millington, Tennessee, for the appellants, Joanne and John H.

Attorney 2: 

Shantell Sharay Suttle, Cordova, Tennessee, for the appellee, Jennifer L.

Judge: 
WILLIAMS

IN RE: A’LEAH M., ET AL.

Tanisha M. (“Mother”) appeals the order of the Juvenile Court for Knox County (“Juvenile Court”) terminating her parental rights to the minor children A‟Leah M. (“the Older Child”) and Sh Myah M. (“the Younger Child” or collectively “the Children”) for abandonment by willful failure to pay child support pursuant to Tenn. Code Ann. § 36-1- 113(g)(1) and Tenn. Code Ann. § 36-1-102(1)(A)(i), for failure to comply with a permanency plan pursuant to Tenn. Code Ann. § 36-1-113(g)(2), and for persistent conditions pursuant to Tenn. Code Ann. § 36-1-113(g)(3).

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Attorney 1: 

Robin Gunn, Knoxville, Tennessee, for the appellant, Tanisha M.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; and Kathryn A. Baker, Assistant Attorney General for the appellee, State of Tennessee Department of Children‟s Services.

Judge: 
SWINEY

GREGORY GRIFFIN v. MARGARET SMITH, ET AL.

This is an appeal from a detainer warrant action originally filed in the general sessions court by the purchaser of residential property at a foreclosure sale. The defendant in the detainer action appealed the general sessions judgment to circuit court and filed a third party complaint against the mortgage company. The trial granted the mortgage company‟s motion to dismiss. After a trial de novo, the trial court awarded the purchaser of the property possession of the premises.

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Attorney 1: 

Margaret Smith, Memphis, Tennessee, Pro Se.

Attorney 2: 

Darrell L. West, Nashville, Tennessee, for the appellee, HSBC Mortgage Services, Inc.

Bruce L. Feldbaum and Mark Cantora, Memphis, Tennessee, for the appellee, Gregory Griffin.

Judge: 
STAFFORD

TRI-CITIES HOLDINGS, LLC v. TENNESSEE HEALTH SERVICES AND DEVELOPMENT AGENCY

An attorney from Georgia, who had been admitted to practice pro hac vice in a contested case hearing before the Tennessee Health Services and Development Agency, had his privilege to practice revoked by the Administrative Judge based upon representations he made as to the status of related federal litigation. On review by the Chancery Court, the revocation was affirmed. Discerning no error, we affirm the judgment of the Chancellor.

Attorney 1: 

Jim Higgins, Nashville, Tennessee, for the appellant, Tri-Cities Holdings, LLC.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; and Sara E. Sedgewick, Senior Counsel, Nashville, Tennessee, for the appellee, Tennessee Health Services and Development Agency.

Judge: 
DINKINS

HOMER McCAIG, ET AL. v. ROY L. WHITMORE

This is a premises liability case. Appellant Homer McCaig sustained multiple injuries while operating an all-terrain vehicle (ATV) on Appellee Roy Whitmore‘s property. The trial court determined that Mr. Whitmore owed no duty to the McCaigs based on the Tennessee Recreational Use Statute (―TRUS‖), Tennessee Code Annotated Sections 70-7-101 et seq. The trial court granted summary judgment in favor of the Appellee based on its determination that no exceptions to the statute were applicable. Discerning no error, we affirm and remand.

Attorney 1: 

Adam M. Nahmias, Memphis, Tennessee, for the appellants, Homer McCaig and Kelly McCaig.

Attorney 2: 

Bradford D. Box, Nathan E. Shelby, and Adam P. Nelson, Jackson, Tennessee, for the appellee, Roy L. Whitmore.

Judge: 
ARMSTRONG

FELISHA ROBINSON v. UNIVERSITY OF TENNESSEE HEALTH SCIENCE CENTER

This is a Tennessee Rule of Appellate Procedure 9 interlocutory appeal. Appellant The University of Tennessee appeals the trial court‟s denial of its Tennessee Rule of Civil Procedure 12.02(1) motion to dismiss Appellee‟s Tennessee Human Rights Act (“THRA”) claim for discrimination. Appellee, a student enrolled in The University of Tennessee Health Science Center‟s College of Nursing, was dismissed from the program after receiving a failing grade in the clinical portion of her studies.

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Attorney 1: 

P.J., W.S., and ARNOLD B. GOLDIN, J., joined.

Attorney 2: 

Frank H. Lancaster and Mark M. Petzinger, Knoxville, Tennessee, for the appellant, University of Tennessee.

Darrell J. O‟Neal, Memphis, Tennessee, for the appellee, Felisha Robinson.

 

Judge: 
ARMSTRONG