TN Court of Appeals

JANICE GAIL MORY v. DANIEL KEITH MORY

This appeal arises out of a divorce case. The husband asserts that the trial court erred in classifying, valuing, and distributing the parties’ marital property. Because the husband failed to comply with Rule 7 of the Rules of the Court of Appeals of Tennessee, we deem his issues regarding the marital property division to be waived. The trial court’s decision is accordingly affirmed.

Attorney 1: 

Albert Wade, Jr., Paris, Tennessee, for the appellant, Daniel Keith Mory.

Attorney 2: 

Terry J. Leonard, Camden, Tennessee, for the appellee, Janice Gail Mory.

Judge: 
GIBSON

RICHARD KOLASINSKI v. TENNESSEE DEPARTMENT OF SAFETY AND HOMELAND SECURITY, ET AL.

Police seized a vehicle and commenced forfeiture proceedings. The Tennessee Department of Safety and Homeland Security mailed notices of the forfeiture proceedings to the driver and the owner of the vehicle, but the postal service returned the notices undelivered. When no petition was filed asserting a claim to the vehicle, the Department entered an order of forfeiture.

read more »
Attorney 1: 

Justin A. Gee, Memphis, Tennessee, for the appellant, Richard Kolasinski.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; Andrée S. Blumstein, Solicitor General; and Brooke K. Schiferle, Assistant Attorney General, for the appellee, Tennessee Department of Safety and Homeland Security.

Judge: 
MCBRAYER

IN RE MARTAVIOUS B. ET AL.

This appeal arises from the termination of Father’s parental rights on two grounds, severe child abuse and persistence of conditions, and the finding that termination of his parental rights was in the best interests of his children. Father appeals the trial court’s findings of persistence of conditions and that it was in the best interests of the children to terminate his parental rights; however, Father does not appeal the trial court’s finding of severe child abuse. Because Father did not appeal the ground of severe child abuse, the trial court’s finding on that ground is final.

read more »
Attorney 1: 

Brian E. Price, Clarksville, Tennessee, for the appellant, Martavious B.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; Rachel Erin Buckley, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Children’s Services.

Judge: 
CLEMENT

LAKEILIA JOHNSON V. NEW WAVE, LLC ET AL.

Homeowner filed suit against Defendants alleging intentional misrepresentation as to contractor licensure, construction skills, and code compliance, breach of implied duty of good faith and fair dealing, and violation of Tenn. Code Ann. § 62-6-136 for misrepresentation of licensure in connection with a $27,500 contractor agreement for home improvements. The trial court concluded that Defendants committed intentional misrepresentation, breached the duty of good faith and fair dealing, and violated Tenn. Code Ann. § 62-6-136.

read more »
Attorney 1: 

Keith Sanders, Brentwood, Tennessee, Pro se.

Attorney 2: 

David J. Tarpley, Zachary D. Oswald, and Claire B. Abely, Nashville, Tennessee, for the appellee, Lakeilia Johnson.

Judge: 
CLEMENT

CARRIE M. THOMPSON V. STEPHEN MATTHEW THOMPSON

Father appeals the parenting schedule that substantially restricts his parenting time. Without making any findings of fact, the trial court restricted Father’s parenting time to 48 hours per month, with no overnight visitation, until the child is three years old. Father contends the severe restrictions on his parenting time are not supported by the evidence. He further contends the trial court erred by severely limiting his parenting time without making any finding that he was guilty of conduct that affected his ability to parent pursuant to Tenn. Code Ann. § 36-6-406(d).

read more »
Attorney 1: 

Luke Austin Evans and Heather Graves Parker, Murfreesboro, Tennessee, for the appellant, Stephen Matthew Thompson.

Attorney 2: 

Laurie Young and Joe M. Brandon, Jr., Murfreesboro, Tennessee, for the appellee, Carrie M. Thompson.1

Judge: 
CLEMENT

DEANNE G. RONEY v. LINDA F. NORDHAUS

This is an appeal from the entry of a five-year order of protection. The general sessions court entered an ex parte order of protection on behalf of the Appellee against the Appellant. After a hearing, the general sessions court entered a one-year order of protection. Appellant appealed this order to the Circuit Court for Smith County. After a hearing, the trial court concluded that Appellant had violated the previous order of protection and extended the order of protection to five years.

read more »
Attorney 1: 

Tillman W. Payne, Carthage, Tennessee, for the appellant, Linda F. Nordhaus.

Attorney 2: 

Charlene Robin Vance, Watertown, Tennessee, for the appellee, Deanne G. Roney.

Judge: 
ARMSTRONG

EMMA JEAN ANDERSON v. JAMES KENNETH LOWRY, ET AL.

This appeal originated from a boundary line dispute between adjacent landowners. In this boundary line dispute, the trial court: (1) determined the boundary line that divides the parties’ properties; (2) awarded treble damages to Appellee for timber that had been removed from the disputed property by the Appellant; (3) set aside the quitclaim deed recorded the day before the trial by Appellant as a fraudulent conveyance; and (4) awarded attorney fees to Appellee for the expenses incurred in prosecuting the petition to set aside the quitclaim deed as a fraudulent conveyance.

read more »
Attorney 1: 

Brian O. Bowhan, Smyrna, Tennessee, for the appellant, James Kenneth Lowry.

Attorney 2: 

William D. Birdwell, Cookeville, Tennessee, for the appellee, Emma Jean Anderson.

Judge: 
ARMSTRONG

MELINDA KATHLEEN NICHOLS LONG v. LIONEL EDSON LONG

Appellant filed a petition to modify alimony and child support. During the hearing on the petition, the trial court modified an award of separate property. Because the trial court issued a judgment outside of the relief requested by the parties, we reverse and vacate.

Attorney 1: 

David L. Scott, Murfreesboro, Tennessee, for the appellant, Lionel Edson Long.

Attorney 2: 

Melinda Kathleen Nichols-Long, Appellee.1

Judge: 
GIBSON

IN RE RAINEE M.

In this action, a minor child’s foster parents petitioned to adopt the child and terminate the parental rights of her biological father. A previous action seeking to terminate the father’s parental rights had been filed by the Tennessee Department of Children’s Services (“DCS”) in a different court. The prior case resulted in termination of the father’s parental rights, but the ruling was reversed on appeal. The foster parents filed the instant action during the pendency of the appeal in the first matter.

read more »
Attorney 1: 

Nicholas A. Schaefer, Kingsport, Tennessee, for the appellant, Jon M.

Attorney 2: 

Jerry J. Fabus, Jr., Johnson City, Tennessee, for the appellees, Gerald T. and Jenny T.

Judge: 
FRIERSON

JAMES ANTHONY MOORE v. MICHAEL GAUT1

Plaintiff James Anthony Moore was at Defendant Michael Gaut’s residence to do maintenance on his satellite dish when he was bitten by Defendant’s dog, a Great Dane. The dog was in Defendant’s fenced-in backyard, Plaintiff was on the other side of the fence, and the dog bit Plaintiff on his face. The trial court granted Defendant summary judgment based on its finding that there was no evidence that Plaintiff knew or should have known that the dog had any dangerous propensities.

read more »
Attorney 1: 

Robert L. Vogel, Knoxville, Tennessee, for the appellant, James Anthony Moore.

Attorney 2: 

Stephanie L. Prager and Shelley S. Breeding, Knoxville, Tennessee, for the appellee, Michael Gaut.

Judge: 
SUSANO