TN Court of Appeals

THE BANK OF NEW YORK MELLON v. LITTLETON PRICE

Attorney 1: 

Littleton Price, Memphis, Tennessee, Pro se.

Attorney 2: 

Gerald Morgan and James Skipper Ray, Brentwood, Tennessee, for the appellee, Bank of New York Mellon.

Judge: 
PER CURIAM

SANDRA ZOE JEANETTE NAYLOR v. WILLIAM LEE NAYLOR

Attorney 1: 

Jeffrey L. Levy, Nashville, Tennessee, for the appellant, William Lee Naylor.

Attorney 2: 

George Douglas Norton, Jr., Selmer, Tennessee, for the appellee, Sandra Zoe Jeanette Naylor.

Judge: 
PER CURIAM

IN RE JAYLAH W., ET AL.

In this termination of parental rights case, Mother appeals the trial court’s findings of the following grounds for termination: abandonment for failure to provide a suitable home; abandonment by an incarcerated parent; abandonment by willful failure to visit; abandonment by willful failure to support; substantial noncompliance with the permanency plans; and the persistence of conditions. Mother also appeals the trial court’s conclusion that termination was in the children’s best interest.

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Attorney 1: 

Carl E. Seely, Jackson, Tennessee, for the appellant, Tameisha W.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; and Rebekah A. Baker, Senior Counsel, for the appellee, Tennessee Department of Children’s Services. Lanis L. Karnes, Jackson, Tennessee, Guardian ad Litem.

Judge: 
STAFFORD

AVENUE BANK v. GUARANTEE INSURANCE COMPANY

Appellee Avenue Bank (“the Bank”) filed suit against the Appellant Guarantee Insurance Company (“GIC”), alleging breach of contract with respect to a “Funds Held Agreement” entered into between the parties. Pursuant to the parties’ agreement, the Bank agreed to disburse proceeds of a letter of credit to GIC. In turn, GIC agreed to hold the funds in a separate “Funds Held Account” and disburse the funds to pay unpaid premiums and certain claims that might become payable pursuant to policies of workers’ compensation insurance.

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Attorney 1: 

Griffin S. Dunham, Nashville, Tennessee, for the appellant, Guarantee Insurance Company.

Attorney 2: 

Russell B. Morgan, Edmund S. Sauer, and Connor M. Blair, Nashville, Tennessee, for the appellee, Avenue Bank.

Judge: 
GOLDIN

IN RE CHASE R.

This is a Title IV-D child support case. Father/Appellant appeals the trial court‟s modification of his child support obligation on grounds that: (1) the Juvenile Court did not have subject matter jurisdiction to modify the Circuit Court‟s child support order; and (2) the trial court erred in applying the Child Support Rules and Regulations in calculating Appellant‟s monthly child support obligation. Appellant also appeals the trial court‟s award of attorney‟s fees in this case. Discerning no error, we affirm and remand.

Attorney 1: 

Norris Rickett, Memphis, Tennessee, Pro Se.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter, and Rebekah A. Baker, Senior Counsel, for the appellee State of Tennessee ex rel. Shena Lavette Rickett.

Judge: 
ARMSTRONG

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 conclude that the petition was not timely filed and dismiss this appeal.

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

WENDY A. MCCULLEY v. ROBERT MCCULLEY

This is a breach of contract case. In 2012, the parties entered into a contract to resolve an issue of past-due child support owed by Appellant to Appellee. The contract provided that Appellant would grant a remainder interest in his home to Appellee, reserving a life estate interest for himself. In exchange, Appellee agreed to forgive the past-due child support owed to her by Appellant. The contract provided, among other things, that Appellant would pay the taxes on the property during his lifetime and would make monthly payments to Appellee‟s attorney to repay Appellee‟s attorney‟s fees.

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Attorney 1: 

Robert McCulley, Memphis, Tennessee, appellant, Pro Se.

Attorney 2: 

Lara E. Butler, Memphis, Tennessee, for the appellee, Wendy A. McCulley.

Judge: 
GOLDIN

IN RE: JATAVIOUS M.

This appeal involves the termination of a mother’s parental rights to her severely disabled son. The trial court found by clear and convincing evidence that several grounds for termination exist and that termination is in the child’s best interest. On appeal, the mother challenges only the best interest finding. We affirm and remand for further proceedings.

Attorney 1: 

Chasity Sharp Grice, Memphis, Tennessee, for the appellant, Kiana M.

Attorney 2: 

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

Judge: 
GIBSON

STATE OF TENNESSEE EX REL. LISA HOLT v. JEREMY B. HOLT

The matters in dispute pertain to a retroactive child support judgment for a period of time prior to the filing of the child support petition. The trial court assessed a retroactive judgment that included a period of time prior to the filing of the petition, holding that the petition filed by the State on behalf of Mother was to “set” child support not to “modify” support. Father contends a prior support order was in effect when the petition was filed; thus, the trial court violated Tenn. Code Ann.

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Attorney 1: 

Ronald G. Freemon, Columbia, Tennessee, for the appellant, Jeremy B. Holt.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Andrée S. Blumstein, Solicitor General; Ryan McGehee, Assistant Attorney General; and Rebekah Ann Baker, Assistant Attorney General, for the appellees, Child Support Services of Tennessee and Lisa Holt.

Judge: 
CLEMENT

AUSTIN DAVIS v. COVENANT PRESBYTERIAN CHURCH OF NASHVILLE, ET AL.

A former church member brought suit against the pastor and other defendants not involved in this appeal. The trial court dismissed all of the plaintiff’s claims against the pastor with the exception of the causes of action for defamation and outrageous conduct. We have concluded that the plaintiff’s complaint does not make out claims for defamation or outrageous conduct. The decision of the trial court is, therefore, reversed and remanded with instructions to dismiss the complaint in in its entirety.

Attorney 1: 

Thomas M. Donnell, Jr., Autumn L. Gentry, and Kelly M. Telfeyan, Nashville, Tennessee, for the appellant, Stewart James (Jim) Bachmann, Jr.

Attorney 2: 

Austin Davis, Nashville, Tennessee, Pro Se.

Judge: 
BENNETT