TN Court of Appeals

MARK A. GRANT v. KATHY H. GRANT

After a long-term marriage, the wife obtained a divorce based on the husband’s inappropriate marital conduct. The trial court determined the value of the marital property, divided the marital estate, and awarded the wife both alimony in futuro and alimony in solido. The husband appealed, arguing the court erred in valuing his ownership interests in three general partnerships, in dividing the marital estate, and in awarding the wife alimony. After reviewing the extensive record in this case, we affirm the trial court’s decision.

Attorney 1: 

Gregory D. Smith and Brenton H. Lankford, Nashville, Tennessee, for the appellant, Mark A. Grant.

Attorney 2: 

Larry Hayes, Jr. and Ashley S. Rudy, Nashville, Tennessee, for the appellee, Kathy H. Grant.

Judge: 
MCBRAYER

IN RE ESTATE OF LOIS CULP

This case involves the distribution of assets in a testamentary trust. The decedent’s will provided for her real property to be left in a trust established for the benefit of her children and grandchildren. After the will was admitted to probate, the trustee filed a petition seeking judicial authorization to sell the property to avoid reoccurring expenses and prevent waste. One of the beneficiaries submitted a response in which he asserted that he and all of the other beneficiaries opposed selling the property.

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Attorney 1: 

David W. Camp, Jackson, Tennessee, for the appellant, Donnie J. Culp.

Attorney 2: 

James Y. Ross, Sr., Waynesboro, Tennessee, for the appellee, Estate of Lois Culp.

Judge: 
GOLDIN

ELYSE J. REID v. ROOMS TO GO, A TENNESSEE CORPORATION

Plaintiff who brought action under the Fair Credit Reporting Act appeals the dismissal of the case on statute of limitations grounds. Discerning no error, we affirm the judgment dismissing the case.

Attorney 1: 

Elyse J. Reid, Brentwood, Tennessee, appellee, Pro Se.

Attorney 2: 

Douglas Ray Pierce, Nashville, Tennessee, for the appellee, Rooms to Go, a Tennessee Corporation.

Judge: 
DINKINS

SEARS, ROEBUCK & CO. v. RICHARD H. ROBERTS, COMMISSIONER, DEPARTMENT OF REVENUE

This case involves a taxpayer’s claim to a sales tax deduction under Tennessee Code Annotated § 67-6-507(e) for bad debts associated with private label and co-branded credit card programs. After an audit, the Tennessee Department of Revenue disallowed taxpayer’s bad debt deductions and assessed additional tax. Taxpayer paid the assessment and filed a claim for a refund, which was denied.

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Attorney 1: 

Carl E. Hartley, Chattanooga, Tennessee; James A. Delanis, and Brett A. Oeser, Nashville, Tennessee; and Brian R. Harris, Tampa, Florida, for the appellant, Sears, Roebuck & Co.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Andrée S. Blumstein, Solicitor General; and R. Mitchell Porcello, Assistant Attorney General, Nashville, Tennessee, for the appellee, Richard H. Roberts, Commissioner, Department of Revenue.

Judge: 
MCBRAYER

IN RE IAN B., ET AL.

Father appeals the termination of his parental rights on the grounds of abandonment. The lack of a transcript prevents us from determining whether sufficient evidence supported the termination and denies Father proper appellate consideration of his claims. We therefore vacate the judgment of the trial court and remand the case for proceedings consistent with this opinion.

Attorney 1: 

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

Attorney 2: 

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

Judge: 
MCBRAYER

CHARLES BENSON, ET AL. v. KNOX COUNTY, ET AL.

This appeal arises from a zoning and land use dispute. The defendants applied to rezone most of the property at issue from Agricultural to Planned-Residential and sought approval of a development plan for a multi-dwelling project consisting of 312 apartment units. They also requested a Use-Permitted-on-Review approval for a marina on a portion of the property that would remain zoned as Agricultural.

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Attorney 1: 

Wayne Alan Kline, Knoxville, Tennessee, for the appellants, Charles E. Benson, Rebecca Benson, Charles W. Benson, Mary Benson, Frank Gambuzza, Belinda Gambuzza, Cheryl Hatcher, Dennis Hatcher, Mark Jackson, Kathy Jackson, Glen Loy, Mark Smothers, Virginia Smothers, Michael Whitaker, Sherry Whitaker, Jack Woodall, and Sharon Boyce.

Attorney 2: 

Alexander Oaks Waters, Daniel A. Sanders, John K. King, and R. Louis Crossley, Jr., Knoxville, Tennessee, for the appellees, Knox County, Tennessee, Board of Zoning Appeals of Knox County, Huber Properties, LLC, Clear Water Partners, LLC, and Gloria A. Melgaard Trust.

Judge: 
MCCLARTY

IN RE JIMMY B., JR

This is a termination of parental rights case. In May 2015, the Tennessee Department of Children’s Services (“DCS”) filed a petition in Sevier County Juvenile Court seeking to terminate the parental rights of the child’s father. The juvenile court found by clear and convincing evidence that termination was appropriate on the following grounds: (1) abandonment by willful failure to support; (2) severe child abuse; and (3) persistence of conditions. The juvenile court also found by clear and convincing evidence that termination was in the child’s best interests. Father appealed.

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Attorney 1: 

Gregory E. Bennett, Seymour, Tennessee, for the appellant, Jimmy B.

Attorney 2: 

Robert L. Huddleston, Maryville, Tennessee, guardian ad litem.

Judge: 
GOLDIN

ELYSE J. REID v. ROOMS TO GO, A TENNESSEE CORPORATION

Plaintiff who brought action under the Fair Credit Reporting Act appeals the dismissal of the case on statute of limitations grounds. Discerning no error, we affirm the judgment dismissing the case.

Attorney 1: 

Elyse J. Reid, Brentwood, Tennessee, appellee, Pro Se.

Attorney 2: 

Douglas Ray Pierce, Nashville, Tennessee, for the appellee, Rooms to Go, a Tennessee Corporation.

Judge: 
DINKINS

CAROL MOONEY, ET AL. v. GENUINE PARTS COMPANY d/b/a NATIONAL AUTOMOTIVE ASSOCIATION, INC. (“NAPA”), ET AL.

This appeal arises out of a premises liability case involving a plaintiff who fell while exiting an auto parts store. The trial court granted the defendants‟ motion for summary judgment. We affirm and remand for further proceedings.

Attorney 1: 

J. Mark Patey, Jackson, Tennessee, for the appellants, Carol Mooney and Joey Mooney.

Attorney 2: 

Brian Kirk Kelsey, Collierville, Tennessee, for the appellees, Genuine Parts Company d/b/a National Automotive Association, Inc. (“NAPA”), Genuine Parts Company d/b/a NAPA Auto & Truck Parts/NAPA Auto Parts Store #07038, and Wayne Climer.

Judge: 
GIBSON

MARCUS BELTON, ET AL. v. CITY OF MEMPHIS, ET AL.

Plaintiff/Appellant appeals from the dismissal of his civil rights claims based upon the expiration of the one-year statute of limitations contained in Tennessee Code Annotated Section 28-3-104. Because Appellant‟s complaint, taken as true at the motion to dismiss stage, sufficiently alleges post-contract formation conduct on the part of the Defendants/Appellees, we conclude that the four-year federal catchall statute of limitations under 28 U.S.C. § 1658 applies to Appellant‟s claims in this case.

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Attorney 1: 

Drayton D. Berkley, Memphis, Tennessee, for the appellant, Marcus Belton.

Attorney 2: 

Donald A. Donati and Bryce W. Ashby, Memphis, Tennessee, for the appellee, A C Wharton.

Sean Antone Hunt and Salwa Adnan Bahhur, Memphis, Tennessee, for the appellees, City of Memphis and Martha Lott.

Judge: 
STAFFORD