TN Court of Appeals

SARAH WARD, ET AL. v. SHELAENA WARD

After her daughter was injured in an ATV accident, Plaintiff filed suit against her daughter’s step-grandmother, in whose home the daughter was staying on the night of the accident and who owned the ATV, alleging numerous causes of action sounding in negligence. The trial court granted Defendant’s motion for summary judgment; Plaintiffs appeal as to the claims for negligent entrustment and negligent supervision. Finding no reversible error, we affirm the judgment.

Attorney 1: 

Benjamin E. Winters, Nashville, Tennessee, for the appellant, Sarah Ward.

Attorney 2: 

Daniel P. Berexa and Thomas I. Carlton, Jr., Nashville, Tennessee, for the appellee, Shelaena Ward.

Judge: 
DINKINS

LESLIE DEAN RITCHIE v. TENNESSEE BOARD OF PROBATIONAND PAROLE ET AL.

This appeal concerns the dismissal of an allegedly untimely petition for writ of certiorari due to the trial court‟s lack of subject matter jurisdiction. Because the petitioner has alleged that he filed an administrative appeal, the disposition of which would render his petition timely, we reverse the dismissal of his petition. We remand this matter to the trial court for a determination regarding the timeliness of the petition following the conclusion of the administrative appeal.

Attorney 1: 

Leslie Dean Ritchie, Mountain City, Tennessee, Pro Se.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; Andrée Blumstein, Solicitor General; and Madeline B. Brough, Assistant Attorney General, Office of Attorney General, Nashville, Tennessee, for the appellee, Tennessee Board of Probation and Parole.

Judge: 
FRIERSON

ANDREW R. LUNN, DDS v. CAROLE MICHELLE LUNN

Correction: The Correction was on page 7, line 1. It was changed from "The Supreme Court" to "This Court".

The appeal in this divorce litigation presents issues regarding proper valuation of the parties’ business, proper division of marital assets, alimony, child support, attorney’s fees, and court costs. The parties were married for seventeen years, with three children being born of the marriage. The husband is a dentist, who started his own practice during the parties’ marriage. Much of the testimony at trial focused upon the proper value to be assigned to this marital asset. The trial court adopted the value assigned by the wife’s expert of $430,376.

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Attorney 1: 

John P. Konvalinka and Katherine H. Lentz, Chattanooga, Tennessee, for the appellant, Andrew R. Lunn, DDS.

Attorney 2: 

Harold L. North, Jr., and Nathaniel S. Goggans, Chattanooga, Tennessee, for the appellee, Carole Michelle Lunn.

Judge: 
FRIERSON

CYNTHIA RHEA HELTON v. GREGORY HERBERT HELTON

This post-divorce appeal concerns the trial court’s denial of the husband’s motion to terminate his spousal support obligation and to add his current wife as a beneficiary to his life insurance policy. We affirm the court’s denial of the termination of the support obligation but reverse the court’s denial of the request to amend the life insurance policy.

Attorney 1: 

William J. Taylor, Knoxville, Tennessee, for the appellant, Gregory Herbert Helton.

Attorney 2: 

Patty Jane Lay, Knoxville, Tennessee, for the appellee, Cynthia Rhea Helton.

Judge: 
MCCLARTY

DONALD NICHOLS v. KNOX COUNTY, TENNESSEE

On August 13, 2010, following a violation of his probation, Donald Nichols began serving a sentence at the Knox County Detention Facility (KCDF). He was assigned to a second floor cell. The only bed available there was a top bunk. On August 20, 2010, Nichols was subjected to a physical examination by KCDF’s medical staff. The staff detailed his medical history as pain in his lower back and extremities, as well as surgeries on his knee, foot, and ankle. On August 27, 2010, while he was asleep, Nichols rolled off his bed and hit the floor.

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Attorney 1: 

Robert R. Kurtz and Jonathan S. Taylor, Knoxville, Tennessee, for the appellant, Donald Nichols.

Attorney 2: 

David S. Wigler, Knoxville, Tennessee, for the appellee, Knox County, Tennessee.

Judge: 
SUSANO

ESTATE OF PHYLLIS THIBODEAU ET AL. V. ST. THOMAS HOSPITAL

Plaintiffs, a husband and wife, filed suit against St. Thomas Hospital alleging claims for ordinary negligence and a derivative loss of consortium. The complaint alleged that St. Thomas was liable for injuries Plaintiffs sustained as a result of the hospital‟s employees‟ failure to properly support the wife as they attempted to transfer her from a bariatric stretcher to her automobile. St.

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Attorney 1: 

M. Ben Moore and Colin B. Calhoun, Nashville, Tennessee, for the appellants, Estate of Phyllis Thibodeau and Robert Thibodeau.

Attorney 2: 

C. Bennett Harrison, Jr., and Brian W. Holmes, Nashville, Tennessee, for the appellee, St. Thomas Hospital.

Judge: 
CLEMENT

TIM ELSWICK ET AL. v. ALEXANDER JACKSON D/B/A ALEXANDER JACKSON CONCRETE

This case arises from a contract for home improvement services. After the work was completed and Homeowners failed to pay the contract price, Contractor filed a civil warrant and was awarded a judgment in general sessions court. Homeowners failed to timely appeal the judgment to circuit court. They subsequently filed a petition for writ of certiorari and supersedeas in circuit court contending Contractor was not duly licensed and the Home Improvement Contractor’s Act prevented Contractor from recovering on the contract.

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Attorney 1: 

Brian O. Bowhan, Smyrna, Tennessee, for the appellant, Tim Elswick.

Attorney 2: 

Marian C. Fordyce, Nashville, Tennessee, for the appellant, Estate of Gerda Karin Faber. George Christopher Holder, Murfreesboro, Tennessee, for the appellee, Alexander Jackson d/b/a/ Alexander Jackson Concrete.

Judge: 
CLEMENT

ROBERT BEAN, ET AL. v. WILSON COUNTY SCHOOL SYSTEM, ET AL.

This case involves a residency dispute relevant to a child‟s enrollment in a Wilson County public high school. After school officials determined that the child was not a resident of Wilson County, they informed her parents that the child could not attend high school in the county school system. The parents filed suit in chancery court seeking injunctive relief related to the child‟s enrollment in school and participation in athletics.

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Attorney 1: 

Michael R. Jennings, Lebanon Tennessee, for the appellant, Wilson County School System.

Attorney 2: 

Timothy A. Davis, Lebanon, Tennessee, for the appellees, Robert Bean and Jessica Bean.

Judge: 
GOLDIN

ROBIN FLORES v. KEITH CELEBREZZE

This is an interlocutory appeal as of right, pursuant to Rule 10B of the Rules of the Supreme Court of Tennessee, from the Trial Court=s denial of a post-judgment motion to recuse in a breach of contract case. Having reviewed the petition for recusal appeal filed by the Defendant, Keith Celebrezze (ADefendant@), we affirm the Trial Court.

Attorney 1: 

Keith Celebrezze, Murphy, North Carolina, appellant, pro se.

Attorney 2: 

John P. Konvalinka, Chattanooga, Tennessee, for the appellee, Robin Ruben Flores.

Judge: 
SWINEY

JUDY MUFFLEY v. DAVID GEORGE

This appeal arises from the grant of a Rule 60.02 motion to set aside a final judgment. The plaintiff, acting pro se, filed a motion to revive or renew a judgment against the defendant. Due to inclement weather, the plaintiff was unable to attend the hearing on her motion. The trial court dismissed her motion with prejudice and released the underlying judgment. Subsequently, the plaintiff obtained counsel and filed a Rule 60.02 motion to set aside the trial court’s order. The trial court granted her motion and reinstated the original judgment.

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Attorney 1: 

Lance B. Mayes, Brentwood, Tennessee, for the appellant, David George.

Attorney 2: 

Megan E. Tull, Spring Hill, Tennessee, for the appellee, Judy Muffley.

Judge: 
MCBRAYER