TN Court of Appeals

BOBBY JOE PACK v. REBECCA SUZANNA ROTHCHILD

This is an appeal from a final decree of divorce. The Appellant Rebecca Rothchild (“Mother”) challenges the trial court’s division of marital property, its designation of Bobby Pack (“Father”) as the primary custodian of the parties’ children, and its refusal to award her alimony. For the reasons stated herein, we affirm the judgment of the trial court.

Attorney 1: 

Danny C. Garland, II, Knoxville, Tennessee, for the appellant, Rebecca Suzanna Rothchild.

Attorney 2: 

Theodore Kern, Knoxville, Tennessee, for the appellee, Bobby Joe Pack.

Judge: 
GOLDIN

MARDOCHE OLIVIER V. CITY OF CLARKSVILLE, ET AL.

This appeal arises out of the alleged wrongful seizure of Plaintiff’s personal property, mainly cars and trailers, which were removed from Plaintiff’s residence by order of the City of Clarksville Building and Codes Director. Instead of appealing the decision of the Building and Codes Director pursuant to Tenn. Code Ann. §§ 27-9-101 and -102, Plaintiff filed suit against the City of Clarksville (“the City”) and three city officials alleging that the removal and retention of his personal property constituted conversion and inverse condemnation.

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Attorney 1: 

Mardoche Olivier, Clarksville, Tennessee, Pro Se.

Attorney 2: 

D. Mark Nolan and Kathryn W. Olita, Clarksville, Tennessee, for the appellee, City of Clarksville.

Judge: 
CLEMENT

CHRISTOPHER LEA WILLIAMS v. JOHN BURACZYNSKI

This appeal arises from a motor vehicle accident. Christopher Lea Williams (“Williams”) and John Buraczynski (“Buraczynski”) both worked for Progression Electric, LLC (“Progression”). In January 2015, Buraczynski was driving his vehicle with passenger Williams as part of a carpool arrangement when they were involved in an accident. Williams subsequently claimed he was entitled to and received workers’ compensation benefits. Williams then sued Buraczynski, personally, in the Circuit Court for Knox County (“the Trial Court”).

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Attorney 1: 

Henry S. Queener, III, Nashville, Tennessee, and, Jennifer K. O’Connell, Knoxville, Tennessee, for the appellant, Christopher Lea Williams.

Attorney 2: 

Thomas M. Horne, Chattanooga, Tennessee, for the appellee, John Buraczynski.

Judge: 
SWINEY

CHRISTOPHER CHARLES MILNER v. SUZANNE CARY MILNER

The January 12, 2017 order to which the Notice of Appeal is directed in this post-dissolution case did not adjudicate a pending motion to modify child support or the pending issue concerning whether the appellant “wrongfully” received benefits from the Social Security Administration for the benefit of the parties’ minor child based upon the step-father’s disability. As such, it is clear that the order appealed from does not resolve all issues raised in the proceedings below and is not a final judgment from which an appeal as of right would lie.

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Attorney 1: 

Sandy Phillips, Johnson City, Tennessee, for the appellant.

Attorney 2: 

Regina LeeAnn Shepherd, Elizabethton, Tennessee, for the appellee.

Judge: 
MCCLARTY

IN RE BRYSON F.

This is a termination of parental rights case in which the mother and stepfather sought termination of the biological father’s parental rights to his child. The trial court found that clear and convincing evidence existed to support the termination on the statutory ground of abandonment for failure to remit child support. The court further found that termination was in the best interest of the child. The father appeals. We affirm.

Attorney 1: 

Matt E. Miller, Jefferson City, Tennessee, for the appellant, John Lee M.

Attorney 2: 

Crystal G. Jessee, Greeneville, Tennessee, for the appellee, Charity Michelle H. and Jason Robert H.

Judge: 
MCCLARTY

ZELLA BALENTINE v. CITY OF SAVANNAH, TENNESSEE

This appeal results from the trial court’s ruling that the city was allowed to demolish appellant’s home based on her failure to bring the building into compliance as required by the settlement agreement reached by the parties. Based on appellant’s failure to comply with the Tennessee Rules of Appellate Procedure and the Rules of the Court of Appeals, we decline to address the merits of the case and dismiss the appeal.

Attorney 1: 

Zella Balentine, Savannah, Tennessee, Pro Se

Attorney 2: 

Dennis W. Plunk, Savannah, Tennessee for the appellee, City of Savannah.

Judge: 
STAFFORD

TRINA A. SCOTT v. SHARFYNE L’NELL WHITE

A judgment creditor moved to extend her judgment for an additional ten years under Tennessee Rule of Civil Procedure 69.04, and the trial court issued an order requiring the judgment debtor to show cause why the judgment should not be extended. Almost a year later, the judgment debtor filed a motion for relief from the judgment based upon an error in the certificate of service on the show cause order.

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Attorney 1: 

Appellant, Sharfyne L’Nell White, pro se.

Attorney 2: 

Christopher J. Pittman, Clarksville, Tennessee, for the appellee, Trina A. Scott.

Judge: 
MCBRAYER

THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY V. RSF INVESTORS, LLC

This appeal arises from an enforcement action by the Metropolitan Government of Nashville and Davidson County (“Metro”) against the owner of a restaurant located within the Broadway Historic Preservation District in Nashville, Tennessee. Metro commenced the action to require the owner to comply with Metropolitan Code of Laws (M.C.L) § 17.40.410 and the preservation permit the Metropolitan Historic Zoning Commission (“the Commission”) issued upon the application of the owner. Following discovery, the parties filed cross motions for summary judgment.

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Attorney 1: 

Steven J. Meisner, Nashville, Tennessee, for the appellant, RSF Investors, LLC.

Attorney 2: 

Lora Barkenbus Fox and Patrick J. Bradley, Nashville, Tennessee, for the appellee, The Metropolitan Government of Nashville and Davidson County.

Judge: 
CLEMENT

JONELLE HYDE v. SOUTH CENTRAL TENNESSEE DEVELOPMENT DISTRICT

Defendant that admitted liability for vehicle accident appeals the award of damages to the injured Plaintiff, contending that the awards for lost wages, lost future earnings, pain and suffering, past and future, loss of ability to enjoy life, past and future, and permanent impairment awards, are against the preponderance of the evidence.

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Attorney 1: 

Keith F. Blue, Nashville, Tennessee, for the appellant, South Central Tennessee Development District.

Attorney 2: 

Stanley A. Davis, Nashville, Tennessee, for the appellee, Jonelle Hyde.

Judge: 
DINKINS

TONY E. HANCOCK v. STATE OF TENNESSEE

The Court has corrected this opinion as follows: Page 3, line 5 under the Discussion section and page 5, in the first full paragraph, starting on line 4. Some language was removed from those sections.

Appellant was injured in an automobile collision with a State Trooper. After a trial, the Claims Commissioner found in favor of the State and dismissed the claim. Discerning no error, we affirm.

Attorney 1: 

Jon E. Jones, Cookville, Tennessee, for the appellant, Tony E. Hancock.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; Andreé S. Blumstein, Solicitor General; Amanda S. Jordan, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: 
STAFFORD