TN Court of Appeals

IN RE LEYNA A.

The parents of a minor child filed a petition to change the first and middle names of their child but not the surname. The trial court denied the petition without a hearing on the ground: “The Petition fails to state a valid reason for the name change, especially in light of the fact that Petitioners seek to change someone else’s name.” The parents filed a motion to alter or amend the judgment.

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Attorney 1: 

Elizabeth Noel Sitgreaves and Thomas H. Castelli, Nashville, Tennessee, for the appellants, Mark and Lynda A.

Judge: 
CLEMENT

IN RE ESTATE OF CHRISTINA MARIE COTTEN

The personal representative, on behalf of the decedent’s estate, brought this negligence action against the defendant based, inter alia, on the defendant’s alleged acts of displaying and failing to properly store and prevent accessibility to the firearm with which the decedent ultimately committed suicide. The trial court granted summary judgment in favor of the defendant, determining that he owed no duty of care to the decedent and that her suicide was an independent, intervening cause that broke the chain of causation. The estate has appealed.

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Attorney 1: 

H. Douglas Nichol, Knoxville, Tennessee, and John Chadwick Long, Gallatin, Tennessee, for the appellant, Benjamin Shea Cotten, as Personal Representative of the Estate of Christina Marie Cotten.

Attorney 2: 

Christopher M. Jones and Britney K. Pope, Nashville, Tennessee, for the appellee, Dr. Jerry Scott Wilson.

Judge: 
FRIERSON

DIALYSIS CLINIC, INC., ET AL v. KEVIN MEDLEY, ET AL

Appellant appeals the denial of its Tennessee Rule of Civil Procedure 24 motion to intervene in the underlying lawsuit. Because the order appealed is not final, this Court has no subject-matter jurisdiction to hear the appeal. Tenn. R. App. P. 3(a). Appeal dismissed.

Attorney 1: 

L. Vincent Williams, Nashville, Tennessee, for the appellant, Outloud! Inc..

Attorney 2: 

Peter C. Sales and Frankie N. Spero, Nashville, Tennessee, for the appellee, Dialysis Clinic, Inc.; L. Vincent Williams, Nashville, Tennessee, for the appellees, Canvas Lounge, 3 Entertainment Group, LLC, Kevin E. Medley, and Kevin Medley, LLC; Samuel L. Felker, Memphis, Tennessee, for appellee Outcentral, Inc.

Judge: 
ARMSTRONG

SHAYLA LEANNE GUY BRANTLEY V. CORDARY QUINCY VERNARD BRANTLEY

In this divorce action, Father contends the trial court erred by adding substantive restrictions to the parties’ agreed upon Permanent Parenting Plan that, inter alia, imposed “paramour” and “lifestyle” restrictions on Father that were not imposed on Mother. We have determined that the trial court unilaterally imposed substantive and material restrictions on Father’s activities during his parenting time without affording him an evidentiary hearing.

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Attorney 1: 

Morgan E. Smith, Nashville, Tennessee, for the appellant, Cordary Quincy Vernard Brantley.

Attorney 2: 

Shayla Leanne Guy Brantley, Gallatin, Tennessee, pro se.

Judge: 
CLEMENT

IN RE SETH B., ET AL.

This is a termination of parental rights case. Mother/Appellant appeals the termination of her parental rights to the minor children on the grounds of: (1) abandonment by an incarcerated parent by wanton disregard; (2) abandonment by willful failure to provide a suitable home; (3) failure to substantially comply with the reasonable requirements of the permanency plan; and (4) persistence of the conditions that led to the children’s removal from Mother’s home. Mother also appeals the trial court’s finding that termination of her parental rights is in the children’s best interests.

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Attorney 1: 

Robert L. Huddleston, Maryville, Tennessee, for the appellant, Antwoine O.; and Elizabeth A. Brady, Sevierville, Tennessee, for the appellant, Elizabeth E.

Attorney 2: 

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

Judge: 
ARMSTRONG

KATHLEEN J. SCOBEY V. TODD B. SCOBEY

In this post-divorce action, Wife filed a Petition for Civil Contempt and Other Relief, including a request to recover her attorney’s fees, alleging Husband violated five provisions in the marital dissolution agreement (MDA). Husband denied the allegations and filed a separate petition to decrease his child support obligation, which Wife opposed. Before trial, but after protracted proceedings, Husband complied with three provisions in the MDA, leaving two to be decided by the court.

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Attorney 1: 

G. Kline Preston, IV, Nashville, Tennessee, for the appellant, Todd B. Scobey.

Attorney 2: 

Jacqueline B. Dixon, Nashville, Tennessee, for the appellee, Kathleen J. Scobey.

Judge: 
CLEMENT

SHERIDAN NICHOLS (formerly CROCKETT) v. RICHARD DAVID CROCKETT, JR.

This appeal results from a post-divorce criminal contempt conviction the plaintiff mother received for failing to adhere to a parenting plan that prohibits both parents from making disparaging remarks about the other parent. The trial court held that the plaintiff received sufficient notice under Rule 42(b) of the Tennessee Rules of Criminal Procedure and that she was guilty of criminal contempt beyond a reasonable doubt for two separate instances of disparaging remarks made about the father in the presence of their children. We affirm in part and reverse in part.

Attorney 1: 

Kelly O’Neil Herston and John F. Weaver, Knoxville, Tennessee, for the appellant, Sheridan Nichols.

Attorney 2: 

Jason A. Creech, Suzanne S. Cook, and Matthew F. Bettis, Johnson City, Tennessee, for the appellee, Richard David Crockett, Jr.

Judge: 
MCCLARTY

IN THE MATTER OF IAN B. ET AL.

This is Father’s second appeal of the termination of his parental rights to the two children he had with his former wife (“Mother”). Father and Mother separated in 2008 when she moved from Alaska to Tennessee with the children, and they were granted a divorce in 2009. Father has not seen nor spoken with the children since 2008, and has not provided any financial support since November 2009. The petition to terminate Father’s parental rights was filed by Mother and her husband in 2012.

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Attorney 1: 

Daniel Lyn Graves II, Murfreesboro, Tennessee, for the appellant, Kenny B.

Attorney 2: 

Steven C. Girksy, Clarksville, Tennessee, for the appellees, Corey D. and Amy D.

Judge: 
CLEMENT

ISI HOLDINGS OF TN, LLC, ET AL. v. MOUNT PLEASANT REGIONAL PLANNING COMMISSION, ET AL.

This is an appeal from a successful petition for a writ of certiorari involving land use. The trial court ruled in favor of the petitioners after finding that the location approved for the proposed power station violated an applicable zoning ordinance. After the trial court’s decision, the City of Mount Pleasant amended its ordinance to clarify that the zoning ordinance did not apply to public utilities. The City of Mount Pleasant Planning Commission thereafter approved the construction of the power station under the amended ordinance.

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Attorney 1: 

Mark E. McGrady, Nashville, Tennessee, for the appellant, Mount Pleasant Regional Planning Commission.

Attorney 2: 

Kori Bledsoe Jones, Columbia, Tennessee, for the appellant, Mount Pleasant Power System.

Brian Christian Neal and Gregory T. Young, Nashville, Tennessee, for the appellees, ISI Holdings of TN, LLC and Insulating Services, Inc.

Judge: 
STAFFORD

JON ROOZBEH VAZEEN, AKA HASSAN VAZIN v. MICHELLE SMITH VAZIN

With separate dissenting and concurring opinion by SUSANO

The trial court granted Wife a divorce; divided marital assets and liabilities; and awarded Husband five years of rehabilitative alimony. Husband appealed. Due to the deficiencies in Husband’s appellate brief, we do not reach Husband’s substantive issues and dismiss the appeal.

Attorney 1: 

Jon Roozbeh Vazeen, Nashville, Tennessee, pro se.

Attorney 2: 

Virginia J. Connell, Nashville, Tennessee, for the appellee, Michelle S. Vazin.

Judge: 
ARMSTRONG