TN Court of Appeals

TIMOTHY A. BAXTER v. STATE OF TENNESSEE, ET AL.

This appeal arises from the trial court’s grant of two motions to dismiss in favor of Appellees. With regard to the State of Tennessee, the trial court found that the State and its employees were immune from liability under the doctrines of sovereign immunity, judicial immunity, and prosecutorial immunity. With regard to Madison County, the trial court held that Appellant’s complaint was time barred. Discerning no error, we affirm and remand.

Attorney 1: 

Timothy Aaron Baxter, Tiptonville, Tennessee, appellant, pro se.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter, Laura Miller, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee. James I. Pentecost, Jackson, Tennessee, for the appellee, Madison County, Tennessee.

Judge: 
ARMSTRONG

IN RE ALLEYANNA C.

This is a termination of parental rights case, focusing on Allyanna C., the minor child (“the Child”) of Allen C. (“Father”) and Annaliza H. (“Mother”). The Child was taken into protective custody by the Tennessee Department of Children’s Services (“DCS”) on July 27, 2011, upon its investigation of environmental dangers in Mother’s home and subsequent determination that placement with Father was unsuitable. On April 16, 2014, DCS filed a petition to terminate the parental rights of both parents.

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Attorney 1: 

David C. Veazey, Chattanooga, Tennessee, for the appellant, Allen C.

Attorney 2: 

Charlotte Kimsey, Chattanooga, Tennessee, for the appellant, Annaliza H. Herbert H. Slatery, III, Attorney General and Reporter, and Kathryn A. Baker, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Children’s Services.

Judge: 
FRIERSON

IN RE: ISAIAH R.

This appeal arises from a dispute over the placement of the minor child Isaiah R. (“the Child”). The Tennessee Department of Children’s Services (“DCS”) removed the Child from his parents’ custody and placed the Child in a foster home. Certain of the Child’s paternal relatives (“Respondents,” collectively) intervened in an effort to obtain custody of the Child and take him to California.

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Attorney 1: 

Herbert H. Slatery, III, Attorney General and Reporter, Andrée S. Blumstein, Solicitor General, Alexander S. Rieger, Assistant Attorney General, and, Paul Jordan Scott, Assistant Attorney General, for the appellant, the Tennessee Department of Children’s Services.

Attorney 2: 

Charlotte Ann Leibrock, Candice K. Mendez, William M. Leibrock & James R. Scroggins, and, Carter S. Moore, Guardian ad Litem, for the appellees, Daniel R., Gary R., and Bradley R.

Judge: 
SWINEY

IN RE CONSERVATORSHIP OF FRANK S. KING, JR.

At issue in this conservatorship action is the amount and type of support the spouse of a ward is entitled to receive from the ward's estate pursuant to Tenn. Code Ann. § 34-3- 109, which authorizes the court to “establish the amount of financial support to which the spouse . . . [is] entitled.” The ward's son and step-son from a previous marriage filed a petition for the appointment of a conservator; the ward's wife opposed the conservatorship. A conservatorship was created, and the court appointed third-party conservators for the ward's estate and person.

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Attorney 1: 

Winston S. Evans and R. Francene Kavin, Nashville, Tennessee, for the appellant, Sheila G. King.

Attorney 2: 

Ames Davis, Christopher A. Wilson, and Joseph Addison Woodruff, Nashville, Tennessee, for the appellees, Frank S. King, III, and M. Wesley Hall, III. 

William L. Harbison and John L. Farringer, IV, Nashville, Tennessee, for the appellee, Regions Bank.

Judge: 
CLEMENT

MARTIN N. LEWIS, ET AL. v. MICHAEL D. WILLIAMS, ET AL.

This appeal results from the trial court’s entry of a default judgment. Discerning no error, we affirm.

Attorney 1: 

eff Mueller, Jackson, Tennessee, for the appellants, Michael D. Williams, Brenda K. Williams, and Bryan L. Williams.

Attorney 2: 

William R. Neese, Paris, Tennessee, for the appellees, Martin N. Lewis, and Randall L. Bowden.

Judge: 
STAFFORD

IN RE THE CONSERVATORSHIP OF CODY LEE WADE

The trial court approved Petitioners’/Conservators’ petition to establish a Supplemental Needs Trust for their Ward but declined to approve a proposed remainder provision naming two charities as beneficiaries. The trial court ruled that any amounts remaining in the Trust when it terminated would be distributed under the laws of intestate succession. The trial court also excluded evidence offered by Petitioners to demonstrate what they asserted was the Ward’s intent. We affirm, as modified.

Attorney 1: 

William L. Harbison, Carla L. Lovell, and Lisa K. Helton, Nashville, Tennessee, for the appellants, Ronnie Wade and Reba Wade.

Attorney 2: 

James H. Bradberry, Dresden, Tennessee, for the appellee, Kimberly C. Casner.

Judge: 
GOLDIN

FREDERICK MICHAEL BORMAN v. LARRY KEVIN PYLES-BORMAN

In this case a same-sex couple lawfully married in Iowa sought to obtain a divorce in Tennessee and raised a constitutional challenge to Tenn. Const. art. XI, § 18 and Tenn. Code Ann. § 36-3-113 (collectively “the Anti-Recognition Laws”). Tennessee’s Attorney General was granted leave to intervene in the suit. After a hearing the Circuit Court for Roane County (“the Trial Court”) held, inter alia, that the Anti-Recognition Laws did not violate the United States Constitution. Frederick Michael Borman appealed to this Court.

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Attorney 1: 

Mark N. Foster, Rockwood, Tennessee, for the appellant, Frederick Michael Borman.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; Joseph F. Whalen, Associate Solicitor General; and Kathryn A. Baker, Assistant Attorney General for the intervenor- appellee, State of Tennessee.

Judge: 
SWINEY

DAVID SOLIMA v. STEPHANIE SOLIMA

Mother, the primary residential parent, filed a petition seeking permission to relocate to Texas with the parties’ minor son. Father opposed Mother’s petition and filed a separate petition to be designated the primary residential parent. One week before trial, Mother notified the court that her petition to relocate was moot because she no longer needed to relocate; the trial proceeded on Father’s petition. Following trial, the court did not name Father the primary residential parent but increased Father’s residential parenting time.

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Attorney 1: 

Connie Reguli and Julia Shaver, Brentwood, Tennessee, for the appellant, David Solima.

Attorney 2: 

Lawrence J. Kamm, Nashville, Tennessee, for the appellee, Stephanie Solima.

Judge: 
CLEMENT

IN RE: SERENITY L.

Christina L. (―Mother‖) and Ian C. (―Father‖) appeal the termination of their parental rights to the minor child Serenity L. (―the Child‖). We find and hold that the Juvenile Court for Washington County (―the Juvenile Court‖) did not err in finding that clear and convincing evidence existed of grounds to terminate Mother‘s parental rights pursuant to Tenn. Code Ann. § 36-1-113(g)(1) and § 36-1-102(1)(A)(i) for abandonment by willful failure to visit and by willful failure to support and § 36-1-113(1)(A)(iv) for wanton disregard; and to terminate Father‘s parental rights pursuant to Tenn.

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Attorney 1: 

Jessica C. McAfee, Greeneville, Tennessee, for the appellant, Christina L.

Attorney 2: 

Sandy Phillips, Johnson City, Tennessee, for the appellant, Ian C. Janie Lindamood, Johnson City, Tennessee, Guardian ad Litem. Russell J. Kloosterman, Johnson City, Tennessee, for the appellee, Julie V.

Judge: 
SWINEY

PATRICIA ROSS V. ROBERT T. STOOKSBURY, JR.

Robert T. Stooksbury, Jr. (the creditor) obtained a judgment in federal district court against, among others, Rebecca Ross Jordan, the daughter of Patricia Ross, the plaintiff in the case now before us. The creditor then attempted, in federal court, to garnish the funds in three bank accounts1 jointly held by Jordan and plaintiff. Plaintiff argued to the federal court that the funds should not be subject to garnishment because, according to her, they were solely owned by plaintiff. The federal district court, applying Tenn. Code Ann.

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Attorney 1: 

Christopher J. Oldham, Knoxville, Tennessee, for the appellant, Patricia Ross.

Attorney 2: 

Wayne A. Ritchie II and James R. Stovall, Knoxville, Tennessee, for the appellee, Robert T. Stooksbury, Jr.

Judge: 
SUSANO