TN Court of Appeals

RICHARD G. DAVIS v. TENNESSEE RURAL HEALTH IMPROVEMENT ASSOCIATION

Plaintiff policy holder filed suit against defendant insurance company after the insurance company denied his claim for benefits. Defendant filed a motion for summary judgment based on the plaintiff’s failure to utilize the appeals procedure outlined in the contract for insurance before filing a lawsuit. The trial court granted the motion for summary judgment. Plaintiff appeals. Discerning no error, we affirm.

Attorney 1: 

G. Kline Preston, IV, Nashville, Tennessee, for the appellant, Richard G. Davis.

Attorney 2: 

Travis Swearingen and Ashonti T. Davis, Nashville, Tennessee, for the appellee, Tennessee Rural Health Improvement Association.

Judge: 
STAFFORD

IN RE DARIUS S.

In this post-divorce custody dispute, Father challenges the trial court’s decision to make Mother the primary residential parent. Because Father failed to file a transcript or a statement of the evidence, we must affirm the decision of the trial court.

Attorney 1: 

Kelly L. S., Shelbyville, Tennessee, Pro Se.

Attorney 2: 

John C. Taylor, Murfreesboro, Tennessee, for the appellee, Felicia C. P.

Judge: 
BENNETT

TRACY MELINDA COOK v. TRACY DEAN IVERSON

Father and Mother divorced in February 2012. Later that same year, Father’s employer notified him that his high-paying sales job would be eliminated. Due to his unemployment, Father filed a petition to modify his alimony and child support obligations. The trial court concluded there was a material change in circumstances and reduced Father’s monthly alimony and child support obligations.

read more »
Attorney 1: 

Gregory D. Smith and Brenton H. Lankford, Nashville, Tennessee, for the appellant, Tracy Dean Iverson.

Attorney 2: 

Craig H. Brent, Franklin, Tennessee, for the appellee, Tracy Melinda Cook.

Judge: 
MCBRAYER

CASSIDY LYNNE ARAGON v. REYNALDO MANUEL ARAGON

With dissenting opinion.

Father and Mother were divorced in April 2010; a parenting plan was entered into providing that the parties would share equal parenting time. In March 2012, pursuant to the parental relocation statute at Tenn. Code Ann. § 36-6-108, Father notified Mother that he intended to relocate to Tucson, Arizona, for an employment opportunity and filed a petition requesting to modify the parenting plan and relocate. Mother filed a petition in opposition to relocation, stating, inter alia, that Father’s proposed move served no reasonable purpose.

read more »
Attorney 1: 

Steven C. Girsky, Clarksville, Tennessee, for the appellant, Reynaldo Manuel Aragon.

Attorney 2: 

Matthew Joel Wallace, Clarksville, Tennessee, for the appellee, Cassidy Lynne Aragon.

Judge: 
DINKINS

IN RE ANDREA R.

This is the second appeal from a 2008 petition filed by Mother to set Father’s child support obligation for the parties’ five-year-old child, to make an upward deviation to pay for private school, and to determine the amount of retroactive support owed. Father responded, contending that an upward deviation for private school was not appropriate. He also contended that he should be credited for voluntary payments he made throughout the retroactive period.

read more »
Attorney 1: 

Robert A. Anderson, Nashville, Tennessee, for the appellant, Renza P.

Attorney 2: 

Matthew Maniatis, Nashville, Tennessee, for the appellee, Victor R.

Judge: 
CLEMENT

TERESA PATTERSON v. WAL-MART STORES EAST, LP

This appeal arises from the trial court‟s grant of summary judgment to the defendant-property owner in a premises liability suit. Discerning no error, we affirm.

Attorney 1: 

Teresa Patterson, Lamar, Mississippi, for the appellant, Pro Se.

Attorney 2: 

Russell E. Reviere and W. Christopher Frulla, Memphis, Tennessee, for the appellee, Wal- Mart Stores East, LP.

Judge: 
STAFFORD

JACK PARKS ET AL. v. SUN BELT MANAGEMENT COMPANY ET AL.

The plaintiffs voluntarily non-suited an action against the defendants. Later, this suit against the same defendants for the same cause of action was filed. The plaintiffs in their second suit failed to have process issued and served on the defendants. The defendants moved to dismiss based upon this failure. The trial court dismissed the plaintiffs’ suit. They appeal. We affirm.

Attorney 1: 

Jack Parks and Michael Parks, Johnson City, Tennessee, appellants, pro se.

Attorney 2: 

Richard M. Currie, Jr. and Andrew T. Wampler, Kingsport, Tennessee, for the appellees, Sunbelt Management Company, Elizabeth Lowe, Missy Doe, and John Does.

Judge: 
SUSANO

KENNETH KUHN, et al v. PAM PANTER dba VALLEY MINI STORAGE

This is negligence case. Appellees rented a storage unit from Appellant. The storage unit flooded, and the flooding destroyed Appellees’ personal property. Appellees filed suit against Appellant in general sessions court, claiming negligence and gross negligence. Appellees prevailed in general sessions court, and Appellant appealed the case to the trial court. After a bench trial, the trial court found the exculpatory clause in the parties’ rental agreement was void.

read more »
Attorney 1: 

Norris A. Kessler, Winchester, Tennessee, for the appellant, Valley Mini Storage.

Attorney 2: 

Gerald L. Ewell, Tullahoma, Tennessee, for the appellees, Kenneth Kuhn and Teresa Kuhn.

Judge: 
ARMSTRONG

ROBERT EMILIO CISNEROS V. LINDSEY DIANNA CISNEROS

This is a consolidated appeal from two separate actions arising from numerous competing petitions filed by the parents of two minor children. Due to the fact that the parents represented themselves during much of the trial court proceedings and at all times on appeal, the procedural history is muddled, the record is incomplete, and the briefs are of little assistance. The salient facts and procedural history are that a petition for divorce was filed in 2011 at which time both parties were represented by counsel.

read more »
Attorney 1: 

Robert Emilio Cisneros, the appellant, Pro se.

Attorney 2: 

Lindsey Dianna Cisneros, the appellee, Pro se.

Judge: 
CLEMENT

THEODORE FRANKLIN DAVIS v. KNOX COUNTY, TENNESSEE

We granted this interlocutory appeal in order to consider whether Knox County can rely upon the defense of quasi-judicial immunity with respect to the allegations against it in the complaint filed by the plaintiff Theodore Franklin Davis. At an earlier time, Davis entered into a plea agreement in criminal court. In the agreement, he consented to comply with all of the requirements of the Knox County Pretrial Services Office during his six-month probation.

read more »
Attorney 1: 

Amanda Lynn Morse and David S. Wigler, Knoxville, Tennessee, for the appellant, Knox County, Tennessee.

Attorney 2: 

Forrest L. Wallace, Knoxville, Tennessee, for the appellee, Theodore Franklin Davis.

Judge: 
SUSANO