TN Court of Appeals

IN RE RAVEN S., ET AL.

Mother and Father appeal the termination of their parental rights to two of their children. Upon a finding of dependency and neglect, the juvenile court placed the children in the custody of Mother’s aunt. Subsequently, the Guardian ad Litem petitioned to terminate parental rights. Following a one-day trial, the juvenile court took the matter under advisement. After the elapse of several months, the parents and the Guardian ad Litem filed a motion requesting a decision from the court on the petition to terminate parental rights.

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Attorney 1: 

David R. Grimmett, Nashville, Tennessee, for the appellant, Jeremy S.

Attorney 2: 

K. Robert Barlowe, Nashville, Tennessee, for the appellant, Brittney M. Stephanie Edwards, Nashville, Tennessee, for the appellee, Guardian ad Litem.

Judge: 
MCBRAYER

GARY LEE STEELE, ET AL. v. PRIMEHEALTH MEDICAL CENTER, P.C., ET AL.

This is a premises liability case. A delivery person fell on a sidewalk outside the place of business where he was delivering an order. He and his wife sued the business and its owner for negligence, claiming that the condition of the sidewalk was unreasonably dangerous. The trial court granted summary judgment to the defendants, concluding that the plaintiffs presented insufficient evidence to demonstrate that the sidewalk was unreasonably dangerous. For the following reasons, we affirm the decision of the trial court.

Attorney 1: 

Mark Anthony Lambert, Memphis, Tennessee, for the appellants, Gary Lee Steele and Judy Steele.

Attorney 2: 

Russell B. Jordan, Dawn Davis Carson, and Hal Scot Spragins, Jr., Memphis, Tennessee, for the appellees, PrimeHealth Medical Center, P.C., and Olugbenga Fayele.1

Judge: 
GIBSON

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 205 v. METROPOLITAN NASHVILLE BOARD OF PUBLIC EDUCATION, ET AL.

After the director of schools notified the union that represents the school district’s service workers that, in accordance with amendments to the law governing the employees of boards of education, he was rescinding the school board’s labor negotiations policy, the union sought a declaratory judgment that the policy was still in effect. The trial court held that the Director did not have authority to rescind the policy and granted summary judgment to the union; the school board appeals. Holding that the amendments negated the policy at issue, we reverse the judgment.

Attorney 1: 

J. Brooks Fox, Lora Barkenbus Fox, and Catherine J. Dundon, Nashville, Tennessee, for the appellant, the Metropolitan Nashville Board of Public Education, et al.

Attorney 2: 

James G. Stranch, III, and Michael J. Wall, Nashville, Tennessee, for the appellee, Service Employees International Union Local 205.

Judge: 
DINKINS

CARLENE GUYE JUDD ET AL. V. CARLTON GUYE ET AL.

This shareholder derivative action involves a closely-held corporation founded by the plaintiff’s parents. In 1995, the parents sold all of the outstanding shares to the plaintiff and her brother on credit. A promissory note and security agreement were executed in conjunction with the sale. After managing the corporation with her brother for several years, the plaintiff filed this derivative action against her brother and parents, seeking to recover corporate funds her brother was allegedly using for personal expenses and to dissolve the corporation.

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Attorney 1: 

Dan E. Huffstutter, Nashville, Tennessee, for the appellants, Carl Guye, Sr. and Juanita Guye.

Attorney 2: 

Jay S. Bowen and Lauren Kilgore, Nashville, Tennessee, for the appellee, Carlene Guye Judd.

Judge: 
CLEMENT

TIMOTHY JAMES HARDIN v. VERONICA HENSLEY-HARDIN

Correction: The names of the Attorney's for the parties was reversed. Their names have been corrected.

This appeal concerns a divorce action in which the trial court referred all issues to a special master. As pertinent to this appeal, the special master recommended awarding the parties a divorce based upon stipulated grounds and found that the husband was entitled to an award of alimony in solido and retroactive child support. The special master’s detailed report also contained specific recommendations concerning the classification and division of the marital property. Both parties filed exhaustive exceptions to the report. Following a hearing, the trial court adopted the report.

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Attorney 1: 

Steven E. Marshall, Sevierville, Tennessee, for the appellant, Veronica Hensley-Hardin.

Attorney 2: 

Cynthia R. Wyrick, Sevierville, Tennessee, for the appellee, Timothy James Hardin.

Judge: 
MCCLARTY

TIMOTHY JAMES HARDIN v. VERONICA HENSLEY-HARDIN

CORRECTION: The names of the Attorney's for the parties was reversed. Their names have been corrected.

This appeal concerns a divorce action in which the trial court referred all issues to a special master. As pertinent to this appeal, the special master recommended awarding the parties a divorce based upon stipulated grounds and found that the husband was entitled to an award of alimony in solido and retroactive child support. The special master‟s detailed report also contained specific recommendations concerning the classification and division of the marital property. Both parties filed exhaustive exceptions to the report. Following a hearing, the trial court adopted the report.

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Attorney 1: 

Steven E. Marshall, Sevierville, Tennessee, for the appellant, Veronica Hensley-Hardin.

Attorney 2: 

Cynthia R. Wyrick, Sevierville, Tennessee, for the appellee, Timothy James Hardin.

Judge: 
MCCLARTY

FEDERAL NATIONAL MORTGAGE ASSOCIATION v. DANNY O. DANIELS

This appeal arises from the trial court’s grant of summary judgment in favor of Plaintiff in an unlawful detainer action. The property at issue was sold in a foreclosure sale, and the purchaser assigned its interest in the property to Plaintiff. Plaintiff filed this unlawful detainer action seeking possession of the property from Defendant. The General Sessions Court entered judgment in favor of Plaintiff, and Defendant appealed to the Circuit Court.

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Attorney 1: 

Stephen R. Leffler, Memphis, Tennessee, for the appellant, Danny O. Daniels.

Attorney 2: 

Edward D. Russell, Brentwood, Tennessee, for the appellee, Federal National Mortgage Association.

Judge: 
GOLDIN

IN RE C.M.

This is a dependency and neglect case. Appellants adopted the minor child, who is the subject of this appeal, from China. Thereafter, Appellee Tennessee Department of Children‘s Services received a referral that the child was dependent and neglected. The Juvenile Court held that the child was dependent and neglected and was the victim of severe abuse at the hands of Appellants. Appellants sought a de novo review in the Circuit Court. Following a hearing, the Circuit Court held that the child was the victim of severe child abuse and was, therefore, dependent and neglected.

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Attorney 1: 

Connie Reguli, Brentwood, Tennessee, for the appellants, D.M. and M.N.

Attorney 2: 

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

Judy A. Oxford, Franklin, Tennessee, Guardian Ad Litem.

Judge: 
ARMSTRONG

SUSAN WEAVER JONES v. KNOX COUNTY BOARD OF EDUCATION, ET AL.

This appeal concerns a tenured teacher‟s challenge to her transfer to a different job position. Susan Weaver-Jones1 (“Jones”) sued the Knox County Board of Education (“the Board”) and Dr. James McIntyre (“McIntyre”), Superintendent of Knox County Schools, (“Defendants,” collectively) in the Chancery Court for Knox County (“the Trial Court”). Jones alleged that her transfer from Instructional Coach to classroom teacher was arbitrary, capricious, and contrary to law. Defendants filed a motion to dismiss pursuant to Tenn. R. Civ. P. 12.02(6).

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Attorney 1: 

Richard L. Colbert and Courtney L. Wilbert, Nashville, Tennessee, for the appellant, Susan Weaver-Jones.

Attorney 2: 

David M. Sanders, Knoxville, Tennessee, for the appellees, Knox County Board of Education and Dr. James McIntyre.

Judge: 
SWINEY

STEVEN A. HOLDSWORTH v. WENDY ALFORD HOLDSWORTH

Correction: The Correction is as follows: A non-substantive change was made on pages 3, 4, 5, 7, 9, 10, 11, 12, 14, 16, 17, 18, 19, 20, 21, 22, 23, 27, 29 41, and 46 in which a non-party name was changed to Paramour.

This is an appeal from an extremely contentious divorce. The parties married in 1994 and had one child together during the marriage. Husband filed for divorce in 2011. In July 2013, the trial court entered a final decree of divorce. Among other things, the trial court found that Husband dissipated marital assets by writing checks to his girlfriend totaling $15,633 and ordered Husband to reimburse Wife that amount. The trial court also entered a permanent parenting plan that designated Wife the primary residential parent and provided a residential parenting schedule.

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Attorney 1: 

Amy J. Farrar, Murfreesboro, Tennessee, and Lanier Fogg, Memphis, Tennessee, for the appellant, Steven A. Holdsworth.

Attorney 2: 

George Lawrence Rice, III and Mary Louise Wagner, Memphis, Tennessee, for the appellee, Wendy Alford Holdsworth.

Judge: 
GIBSON