TN Court of Appeals

IN RE JONATHAN S. Jr.

This appeal involves a father’s efforts to modify a permanent parenting plan. The father filed a petition in which he requested to be named the primary residential parent of the parties’ minor child. At the close of the father’s proof, the mother moved to dismiss the petition on the ground that the father failed to carry his burden of proving a material change in circumstance. The trial court agreed, found that the father’s evidence was insufficient to establish a material change in circumstances, and dismissed his petition. The father appealed.

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Attorney 1: 

Tarsila Crawford, James Widrig, and Megan Ross Bain, Nashville, Tennessee, for the appellant, Jonathan S.

Attorney 2: 

Laura A. Frost, Gallatin, Tennessee, for the appellee, Elizabeth S.

Laura A. Stewart, Nashville, Tennessee, Guardian Ad Litem.

Judge: 
GOLDIN

PAMELA MOSES v. SHELBY COUNTY SHERIFF BILL OLDHAM, ET AL.

Appellant appeals the dismissal of her action based on the expiration of the applicable statute of limitations and non-compliance with Rule 3 of the Tennessee Rules of Civil Procedure. Appellant also appeals the trial court’s denial of a motion to recuse. Discerning no error, we affirm.

Attorney 1: 

Pamela Moses, Memphis, Tennessee, Pro Se.

Attorney 2: 

John Marshall Jones, Memphis, Tennessee, for the appellees, Shelby County Sheriff, Bill Oldham & Officers and Shelby County Homeland Security.

S. Newton Anderson and Cameron M. Watson, Memphis, Tennessee, for the appellees, AlliedBarton Security Services, LLC.

Judge: 
STAFFORD

IN RE ESTATE OF WANDA JOYCE WATKINS

This appeal involves the interpretation and enforcement of a will executed by Wanda Joyce Watkins (“the Decedent”). Specifically at issue is a provision bequeathing the residue and remainder of the Decedent’s estate to her prior husband, Mr. John Vance (“Mr. Vance”). Although Mr. Vance’s children (“the Vance children”) claimed entitlement to the residuary estate by virtue of the anti-lapse statute codified at Tennessee Code Annotated section 32-3-105, the executrix of the estate contended that such a disposition was inconsistent with the Decedent’s intent.

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Attorney 1: 

Ginger Wilson Buchanan, Cleveland, Tennessee, for the appellants, John Darrell Vance, Nancy Ann Ferrara, Wendy Michelle Vance Knott, and William Landon Vance.

Attorney 2: 

O.E. Schow, IV and Robert L. Vance, Knoxville, Tennessee, for the appellee, Kimberly B. Jenkins.

Amy Bingham and Barry N. Blanton, Appellees.

Judge: 
GOLDIN

IN RE: ESTATE OF VIDA MAE MCCARTT

Appellant brought this action challenging the settlement agreement reached by the contestants in a will contest. Appellant, the legitimated child of Decedent’s deceased son, filed suit to set aside the settlement agreement based on allegations that the will contestants, including Appellant’s half-siblings, i.e., Appellees, engaged in fraud and misrepresentation in an effort to exclude Appellant from her share of Decedent’s estate.

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Attorney 1: 

Robert W. Wilkinson, Oak Ridge, Tennessee, for the appellant, Sara Shannon Armes.

Attorney 2: 

David H. Dunaway, LaFollette, Tennessee, for the appellees, Susan Collins, Nancy Wilson, and Joe McCartt.

Judge: 
ARMSTRONG

BETTY J. GRIZZLE v. PARKWEST MEDICAL CENTER

The plaintiff initiated this health care liability action on January 25, 2016. The defendant medical provider filed a motion to dismiss, asserting that the plaintiff had failed to attach the documentation required by Tennessee Code Annotated § 29-26-121(b) to demonstrate that proper pre-suit notice had been transmitted.

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Attorney 1: 

H. Franklin Chancey, Cleveland, Tennessee, for the appellant, Betty J. Grizzle.

Attorney 2: 

Broderick L. Young and F. Michael Fitzpatrick, Knoxville, Tennessee, for the appellee, Parkwest Medical Center.

Judge: 
FRIERSON

IN RE CATHERINE J.

This is a termination of parental rights case involving the parental rights of the father, Clyde J. (“Father”) to his minor child, Catherine J. (“the Child”). On August 4, 2016, the Tennessee Department of Children’s Services (“DCS”) filed a petition to terminate Father’s parental rights.1 The matter was heard on January 26, 2017, and the trial court entered a final judgment on February 13, 2017, terminating Father’s parental rights to the Child. Father timely filed a notice of appeal. However, Father failed to comply with Tennessee Code Annotated § 36-1-124(d) (Supp.

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Attorney 1: 

James Franklin, Jr., Memphis, Tennessee, for the appellant, Clyde J.

Attorney 2: 

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

Judge: 
FRIERSON

JERRY FAERBER, ET AL. v. TROUTMAN & TROUTMAN, P.C., ET AL

Corrected as follows: The Court modified the statement on page 2 of their Opinion by removing the language "a Tennessee State Bank employee," and inserting, "who was employed by agents representing Thor in the transaction," immediately following "Teresa Montgomery." Legal analysis and ultimate conclusions in the Opinion remain unaffected and unchanged by this correction.

Appellees entered into a contract for the purchase of an undeveloped lot in a planned unit development. Appellants, an attorney and his law firm, prepared closing documents, including a warranty deed and settlement statement. The warranty deed included language that the property was unencumbered, and the settlement statement provided for payoff of the first mortgage and for the purchase of title insurance. Appellees later discovered that Appellants had failed to procure release of the first lien and had also failed to procure title insurance.

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Attorney 1: 

Conrad Mark Troutman, Knoxville, Tennessee, pro se.

Attorney 2: 

Ronald L. Grimm and M. Patrick O’Neal, Knoxville, Tennessee, for the appellees, Jerry Faerber, and Margaret Faerber.

Judge: 
ARMSTRONG

SETH ELLIOTT v. CITY OF MANCHESTER, TENNESSEE

An inmate of the Coffee County jail was injured when he fell off a truck being driven by another inmate while working on a detail for the City of Manchester. The inmate filed suit against the city and the county pursuant to the Tennessee Governmental Tort Liability Act to recover for alleged negligence on the part of the city and county. The inmate settled his claim against the county.

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Attorney 1: 

J. Patrick Kilgore, Nashville, Tennessee, for the appellant, Seth Elliott.

Attorney 2: 

Aaron S. Guin, Nashville, Tennessee, for the appellee, the City of Manchester, Tennessee.

Judge: 
DINKINS

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