TN Court of Appeals

ANDREA KAY HONEYCUTT EX REL. MINOR CHILD, ALEXANDER H. v. JONATHAN HONEYCUTT

This case is an appeal from the grant of an order of protection under Tennessee Code Annotated § 36-3-605. While a divorce proceeding was pending in another court, wife filed a petition for an order of protection from her husband, alleging domestic abuse. The wife obtained ex parte relief, and after a hearing, the trial court granted an order of protection for forty-five days. Husband appealed, arguing the preponderance of the evidence did not support the grant of an order of protection. Because the order has expired by its own terms, we conclude this appeal is moot.

read more »
Attorney 1: 

Venus Niner and Adrian H. Alshuler, Franklin, Tennessee, for the appellant, Jonathan Allen Honeycutt.

Attorney 2: 

Jeffrey L. Levy, Nashville, Tennessee, for the appellee, Andrea Kay Honeycutt.

Judge: 
MCBRAYER

WILLIAM L. JENKINS v. TENNESSEE DEPARTMENT OF CORRECTIONS, ET AL.

Certiorari proceeding in which an inmate seeks review of a disciplinary proceeding finding him guilty of assault on another inmate. Petitioner asserts that the disciplinary board violated various Tennessee Department of Correction regulations in the conduct of the hearing and that the trial court erred in dismissing the petition. Finding no error, we affirm the decision of the trial court.

Attorney 1: 

William L. Jenkins, Wartburg, Tennessee, Pro Se.

Attorney 2: 

Nathan D. Tilly and James I. Pentecost, Jackson, Tennessee, for the appellees, Adam Hendrix, Arvil Champan, Greg Keeton, Judy Williams, Melissa Rodriguez, and Byron Ponds. Herbert H. Slatery, III, Attorney General and Reporter; Andree S. Blumstein, Solicitor General; and Jennifer L. Brenner, Senior Counsel, for the Tennessee Department of Corrections.

Judge: 
DINKINS

SHEMEKA IBRAHIM v. MARK WILLIAMS, ET AL.

Plaintiff filed a health care liability action against multiple healthcare providers but did not comply with the statutes governing healthcare liability actions. Defendants filed motions to dismiss and for summary judgment. The trial court granted the motions. Plaintiff appeals, and finding no error, we affirm.

Attorney 1: 

Shemeka Ibrahim, Antioch, Tennessee, Pro Se.

Attorney 2: 

Phillip North and Renee Levay Stewart, Nashville, Tennessee, for the appellees, Mark Williams, M.D. individually and d/b/a the Voice Care Center of Nashville, and Ear Nose & Throat Specialists of Nashville. Wendy Lynne Longmire, Nashville, Tennessee, for the appellee, Artmas Worthy, D.D.S. Darrell E. Baker, Jr., Deborah Whitt, and Heather Cubine Colturi, Memphis, Tennessee, for the appellees, Jeffrey Carter, D.D.S., and Adam Pitts, D.D.S Dixie Cooper and James Sperring, Nashville, Tennessee, for the appellees, Terri Edwards-Lee, M.D., and HCA Holdings, Inc. Jay N. Chamness, Nashville, Tennessee, for the appellee, Kelly Carden, M.D.

Judge: 
DINKINS

RICHARD W. GIBBS ET AL. V. CLINT GILLELAND ET AL.

Buyers of unimproved real property seek rescission of a Lot/Land Purchase and Sale Agreement on the ground of mutual mistake. Buyers purchased the property for the purpose of constructing a house. It is undisputed that at the time of contracting, Buyers and Sellers believed the property was suitable for that purpose. One week after obtaining the necessary building permits and commencement of construction, Buyers were informed by the county that the property was substantially below the required Base Flood Elevation (“BFE”) and that construction must cease immediately.

read more »
Attorney 1: 

L. Gilbert Anglin, Murfreesboro, Tennessee, for the appellants, Richard W. Gibbs and Kathryn S. Gibbs.

Attorney 2: 

Radford H. Dimmick, Nashville, Tennessee, for the appellees, Clint Gilleland and Kim Gilleland.

Judge: 
CLEMENT

JUSTIN R. ROGERS V. BLOUNT MEMORIAL HOSPITAL, INC., ET AL.

With concurring opinion.

This appeal involves a health care liability action filed by the plaintiff against Blount Memorial Hospital, Inc. (“BMHI”) and the doctor who treated the plaintiff at BMHI from September 8, 2012, to September 13, 2012. The plaintiff filed his complaint on December 13, 2013, alleging that the defendant doctor had misdiagnosed his illness, causing a delay in treatment and resultant permanent injuries. Both defendants filed motions to dismiss, which were converted into motions for summary judgment with the filing of additional affidavits.

read more »
Attorney 1: 

Sidney W. Gilreath, Cary L. Bauer, and Matthew B. Long, Knoxville, Tennessee, for the appellant, Justin R. Rogers.

Attorney 2: 

Carl P. McDonald and Diane M. Hicks, Maryville, Tennessee, for the appellee, Blount Memorial Hospital, Inc.

Judge: 
FRIERSON

S. CARMACK GARVIN, JR., ET AL. v. JOY MALONE

Plaintiffs and Defendant were involved in a motor vehicle accident. Plaintiffs allege Defendant was negligent in causing her van to run into the rear of their car and that as a result of Defendant’s negligence, Plaintiffs suffered damages. During trial, Defendant introduced photographs of the vehicles taken immediately after the collision, which the trial court permitted, over Plaintiffs’ objection, for the purpose of impeaching Plaintiffs’ testimony. The evidence was heard by a jury, which determined Defendant was not at fault.

read more »
Attorney 1: 

August C. Winter, Brentwood, Tennessee, for the appellants, S. Carmack Garvin, Jr. and Barbara F. Garvin.

Attorney 2: 

Russell E. Reviere, Keely N. Wilson, and Brandon W. Reedy, Jackson, Tennessee, for the appellee, Joy Malone.

Judge: 
BENNETT

CATHY TURNBO FRANKS v. RONALD FRANKS

This is the second appeal of this case involving various financial issues relative to a divorce. Husband appeals the trial court‘s determination of several factual findings relative to alimony, including Wife‘s ability to secure employment, Husband‘s ability to earn in the future, the award of attorney‘s fees to wife, and the value of several marital assets divided in the property division, including the value of an LLC jointly owned by the parties. We now vacate the order of the trial court and remand for further proceedings.

Attorney 1: 

J. Gilbert Parrish, Jr., Savannah, Tennessee, for the appellant, Ronald Franks.

Attorney 2: 

Chadwick G. Hunt, Savannah, Tennessee, for the appellee, Cathy Turnbo Franks.

Judge: 
GIBSON

JAMES BURTON v. FAYE BARNA

Due to the inadequacies of appellant’s brief and appellant’s failure to provide a transcript or statement of the evidence, we conclude that he has waived consideration of this appeal, and we affirm the judgment of the chancery court.

Attorney 1: 

James Burton, Jamestown, Tennessee, Pro Se.

Attorney 2: 

Trudy Bloodworth, Nashville, Tennessee, for the appellee, Faye Barna.

Judge: 
BENNETT

MARK THOMAS CHURCH ET AL. v. CHARLES BLALOCK & SONS, INC. ET AL.

Correction: Only Correction: page 15, last paragraph, taxation of costs.

This action stems from a motor vehicle accident resulting in two fatalities that occurred at the intersection of the newly constructed State Route 91 and Old State Route 91 in Johnson County, Tennessee. Alleging that the design and construction of the intersection were negligent, the plaintiffs filed suit in the Johnson County Circuit Court against Johnson County and the general contractor who constructed the intersection.

read more »
Attorney 1: 

Herbert H. Slatery, III, Attorney General and Reporter; Andrée S. Blumstein, Solicitor General; and Dawn Jordan, Senior Counsel, Office of Attorney General; Nashville, Tennessee, for the appellee, State of Tennessee.

Attorney 2: 

Gary E. Brewer and Steven W. Terry, Morristown, Tennessee, for the appellee, Mark Thomas Church. Edward R. Sempkowski, Morristown, Tennessee, for the appellee, Sherry Carlson, Administratrix of Estate of Patricia Ann Lunsford.

Judge: 
FRIERSON

BARRY MICHAEL SPENCER, II v. CHRISTINA MARIE SPENCER

In this appeal, a mother challenges the trial court‟s award of equal parenting time to the child‟s father. The mother contends she should be awarded more parenting time because, among other things, she was the child‟s primary caregiver during the parties‟ marriage. We have reviewed the record and find that the trial court did not abuse its discretion in naming mother the primary residential parent and awarding equal parenting time to the parties.

Attorney 1: 

Stacy A. Turner, Clarksville, Tennessee, for the appellant, Christina Marie Spencer

Attorney 2: 

Steven C. Girsky, Clarksville, Tennessee, for the appellee, Barry Michael Spencer, II.

Judge: 
BENNETT