TN Court of Appeals

IN RE ALLEYANNA S.

This appeal arises from the termination of a mother‟s and a father‟s parental rights. On a petition for dependency and neglect, the juvenile court on an emergency basis removed the child from the parents. The parents later stipulated that the child was dependent and neglected, and the court made a finding that the child was a victim of severe child abuse at the hands of both parents.

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Attorney 1: 

Jacquelyn M. Scott, Carthage, Tennessee, for the appellant, Nataley S.

Attorney 2: 

Brandon J. Cox, Smithville, Tennessee, for the appellant, Eddie S.

Herbert H. Slatery III, Attorney General and Reporter, and Rachel E. Buckley, Assistant Attorney General, for the appellee, Tennessee Department of Children‟s Services.

Judge: 
MCBRAYER

MARTHA CARTER v. DAVID CARTER

Father filed a petition to reduce child support. Mother sought to have their almost eighteen- year-old daughter testify that she did not intend to exercise visitation with Father to the extent previously ordered by the court after she turned eighteen. The court refused to let her testify. The trial court used the number of days of parenting time previously ordered in calculating child support instead of zero. The trial court also ordered Mother to pay a portion of Father’s attorney’s fees. Mother appeals these issues.

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Attorney 1: 

Tyree B. Harris, IV, and Katherine A. Brown, Nashville, Tennessee, for the appellant, Martha Carter.

Attorney 2: 

James H. Drescher, Brentwood, Tennessee, for the appellee, David Carter.

Judge: 
BENNETT

NATIONAL PUBLIC AUCTION COMPANY, LLC v. CAMP OUT, INC., ET AL.

An auctioneer filed suit against a recreational vehicle dealer for injunctive relief and damages; the dealer counterclaimed for fraud and other causes of action. A jury returned a verdict in favor of the dealer. Distribution of funds held by the court clerk was held in abeyance.

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Attorney 1: 

Kristin Fecteau and Aubrey Givens, Nashville, Tennessee, for the appellant, Camp Out, Inc.

Attorney 2: 

William Anthony Hollin, Knoxville, Tennessee, Pro Se.

Judge: 
BENNETT

IN RE: PHILLIP I.P., JR., ET AL.

This appeal concerns the termination of a mother’s parental rights. The Tennessee Department of Children’s Services (“DCS”) filed a petition seeking to terminate the parental rights of Michelle P. (“Mother”) to her children Phillip1 and Emily (“the Children”).2 After a trial, the Juvenile Court found that clear and convincing evidence established the grounds of substantial noncompliance with the permanency plan and persistent conditions, and that termination of Mother’s parental rights was in the Children’s best interest. Mother appeals to this Court.

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Attorney 1: 

David L. Robbins, Johnson City, Tennessee, for the appellant, Michelle P.

Attorney 2: 

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

Judge: 
SWINEY

H & J DITCHING & EXCAVATING, INC. V. CORNERSTONE COMMUNITY BANK

Plaintiff H & J Ditching & Excavating, Inc. (Contractor) was hired by JRSF, LLC (Developer) to perform excavating and grading work on a subdivision construction project (the project) in West Knox County. Defendant Cornerstone Community Bank (Lender) provided financing for the project with a $2,512,500 construction loan. Complications arose, including the bankruptcy of one of Developer‟s primary members. Developer defaulted on the construction loan. Lender foreclosed and took possession by bidding on the property at the foreclosure sale.

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Attorney 1: 

Arthur F. Knight, III, and Jonathan Swann Taylor, Knoxville, Tennessee, for appellant, H & J Ditching & Excavating, Inc.

Attorney 2: 

P. Edward Pratt, Knoxville, Tennessee, for appellee, Cornerstone Community Bank.

Judge: 
SUSANO

IN RE AVA B.

The petitioner in this parenting dispute appeals the trial court‟s order entered September 17, 2015. Having determined that the order at issue is not a final order, we dismiss the appeal for lack of subject matter jurisdiction.

Attorney 1: 

Robin Phillips Gunn, Knoxville, Tennessee, for the appellant, Susan M.

Attorney 2: 

L. Caesar Stair, III, Margo J. Maxwell, and Elizabeth Lea Towe, Knoxville, Tennessee, for the appellee, Warren B.

Judge: 
FRIERSON

MARCHELLE RENEE BUMAN, EXECUTOR OF THE ESTATE OF KENNETH JENKINS v. ALYCIA D. GIBSON, P.A., ET AL.

This is a health care liability case. The trial court granted summary judgment to the defendant-medical providers after the exclusion of the plaintiff‟s standard-of-care expert due to failure to comply with discovery requests. Discerning no error, we affirm.

Attorney 1: 

Barton F. Robison, Paris, Tennessee, and Al H. Thomas and Aaron L. Thomas, Memphis, Tennessee, for the appellant, Marchelle Renee Buman.

Attorney 2: 

Suzanne G. Marsh, Clarkville, Tennessee and Jennifer S. Harrison, Memphis, Tennessee, for the appellees, Alycia D. Gibson, Andrew H. Lundberg, M.D. and Paris Surgical Specialists, PLLC.

Judge: 
STAFFORD

CECIL MCNATT, ET AL. v. JANE VESTAL (KANIZAR); HENDERSON VILLA INC. v. CECIL MCNATT, ET AL.

This is a construction case. Appellee, Cecil McNatt, contracted to build and obtain the required licensing for an assisted living facility for Appellant Jane Vestal. The facility was constructed and licensed according to the parties‟ contract. Following completion, Appellant refused to pay the balance of the contract amount, citing the Appellee‟s lack of a contractor‟s license and numerous construction defects. Appellee filed suit against Appellant for breach of contract, and Appellant counterclaimed for violations of the Contractors Licensing Act and Tennessee Consumer Protection Act.

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Attorney 1: 

Clinton H. Scott, Jackson, Tennessee and J. Brandon McWherter, Franklin, Tennessee, for the appellants, Jane Vestal (Kanizar) and Henderson Villa, Inc..

Attorney 2: 

Charles H. Barnett, III and Sara E. Barnett, Jackson, Tennessee, for the appellees, Cecil 1 McNatt and Marcia McNatt.

Judge: 
ARMSTRONG

AURORA LOAN SERVICES LLC, ET AL. v. LINDA S. ELAM, ET AL.

This is an appeal of a grant of summary judgment. Defendant Linda Elam conveyed property owned by her individually to Defendant Trust. This property was then pledged as collateral to secure a construction loan for the Trust. Defendants Fred and Linda Elam then obtained another loan in their individual capacities. Appellee’s predecessor in interest obtained ownership of the Defendants’ individual loan and brought suit seeking to have the conveyance of the property to the Trust declared void.

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Attorney 1: 

Fred Elam, Piperton, Tennessee, pro se.

Attorney 2: 

James. A. Crislip, Memphis, Tennessee, for the appellee, NationStar Mortgage, LLC.

Judge: 
ARMSTRONG

WAYNE A. HOWES, ET. AL. v. MARK SWANNER, ET AL.

This is an appeal of the denial of Appellants’ Tennessee Rule of Civil Procedure 60.02 motion to set aside the trial court’s order granting summary judgment in favor of Appellees. Because the order appealed is not a final judgment, the appeal is dismissed for lack of jurisdiction.

Attorney 1: 

Jacob P. Mathis, Clarksville, Tennessee, for the appellants, Mark Swanner, and Robin Swanner.

Attorney 2: 

Gregory D. Smith, Clarksville, Tennessee, for the appellees, Wayne A. Howes, and Starlene K. Howes.

Judge: 
ARMSTRONG