TN Court of Appeals

SUSAN LYNN MORGAN v. JOHN DAVID KRAUSS

Appellant appeals the trial court’s denial of a motion filed pursuant to Tennessee Rule of Civil Procedure 52.02. The trial court denied the appellant’s request to elicit testimony from the appellee during the Rule 52.02 hearing and denied the appellant’s motion. We affirm.

Attorney 1: 

Raymond Graham Prince, Nashville, Tennessee, for the appellant, John David Krauss.

Attorney 2: 

Jacqueline Belle Dixon, Nashville, Tennessee, for the appellee, Susan Lynn Morgan.

Judge: 
GIBSON

DONNA NANCE McLUCAS v. SHAWN MICHAEL NANCE

This appeal arises from a detainer action originally filed by a landlord against a tenant in general sessions court. The general sessions court entered judgment by default against the tenant for $25,000. The tenant filed a notice of appeal to circuit court, along with a pauper’s oath and affidavit of indigency. The circuit court found that the tenant failed to properly perfect the appeal and dismissed the appeal. The tenant appeals. We reverse and remand for further proceedings.

Attorney 1: 

Shawn Michael Nance, Westmoreland, Tennessee, Pro se.

Attorney 2: 

Bruce N. Oldham, Gallatin, Tennessee, for the appellee, Donna Nance McLucas.

Judge: 
GIBSON

JOHN A.W. BRATCHER, CLERK AND MASTER/SPECIAL COMMISSIONER, ET AL. v. BEVERLY M. HUBLER, ET AL.

This appeal involves a suit to condemn an easement or right-of-way to access landlocked property. The plaintiff named as defendants all neighboring landowners, including the State of Tennessee and the Town of Smyrna. The State and the Town filed motions to dismiss, asserting sovereign immunity. The trial court denied the motions to dismiss but granted the State and the Town permission to seek an interlocutory appeal. This Court granted the applications for interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure.

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Attorney 1: 

Herbert H. Slatery, III, Attorney General and Reporter, Andreé S. Blumstein, Solicitor General and Bruce M. Butler, Senior Counsel, for the appellants, State of Tennessee.

Attorney 2: 

Douglas Berry, Nashville, Tennessee, for the appellant, Town of Smyrna, Tennessee. Darrell L. Scarlett, Murfreesboro, Tennessee, for the appellee, John A.W. Bratcher, Clerk and Master/Special Commissioner.

Judge: 
GIBSON

RODNEY GLOVER v. TENNESSEE DEPARTMENT OF CORRECTION, ET AL.

This appeal involves the dismissal of a petition for a writ of certiorari filed by a prison inmate. The prisoner raises several issues regarding violations of the Tennessee Department of Correction‟s (TDOC) uniform disciplinary procedures. The prisoner was found guilty of refusing to participate in his assigned educational class. After exhausting his administrative appeals, he filed an application for a writ of certiorari in the trial court. The trial court granted the writ of certiorari, and upon review of the record, granted the TDOC‟s motion to dismiss. The prisoner now appeals.

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Attorney 1: 

Rodney Glover, Whiteville, Tennessee, Pro Se.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; and Jennifer L. Brenner, Senior Counsel, for the appellees, State of Tennessee Department of Correction, Derrick D. Schofield, and Jeff Butler.

Judge: 
ARMSTRONG

MARK THOMAS CHURCH ET AL. v. CHARLES BLALOCK & SONS, INC. ET AL.

This action stems from a motor vehicle accident resulting in two fatalities that occurred at the intersection of the newly constructed State Route 91 and Old State Route 91 in Johnson County, Tennessee. Alleging that the design and construction of the intersection were negligent, the plaintiffs filed suit in the Johnson County Circuit Court against Johnson County and the general contractor who constructed the intersection.

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Attorney 1: 

Herbert H. Slatery, III, Attorney General and Reporter; Andrée S. Blumstein, Solicitor General; and Dawn Jordan, Senior Counsel, Office of Attorney General; Nashville, Tennessee, for the appellee, State of Tennessee.

Attorney 2: 

Gary E. Brewer and Steven W. Terry, Morristown, Tennessee, for the appellee, Mark Thomas Church. Edward R. Sempkowski, Morristown, Tennessee, for the appellee, Sherry Carlson, Administratrix of Estate of Patricia Ann Lunsford.

Judge: 
FRIERSON

MICHAEL WATSON v. KARLA MYERS

In this post-divorce dispute, Father argues that the trial court erred in failing to make him the primary residential parent because of Mother’s alleged failure to facilitate a close relationship between Father and the child. The trial court found a material change in circumstances, but concluded that a change in the primary residential parent was not in the best interest of the child. We affirm because the evidence does not preponderate against the decision of the trial court.

Attorney 1: 

Connie Reguli and Julia Shaver, Brentwood, Tennessee, for the appellant, Michael Watson.

Attorney 2: 

Casey Ashworth, Franklin, Tennessee, for the appellee, Karla Myers.

Judge: 
BENNETT

MELISSA A. PHILLIPS v. BURNS PHILLIPS, ET. AL.

This is an unemployment compensation case. The employee filed a claim for benefits following her termination from her employer. The Tennessee Department of Labor and Workforce Development granted the claim. The Appeals Tribunal reversed the decision, finding that the employee was ineligible for benefits pursuant to Tennessee Code Annotated section 50-7-303(a)(1)(A).1 The Board of Review upheld the reversal. The employee filed a petition for judicial review, and the trial court reversed the decision. The employer and the Tennessee Department of Labor and Workforce Development appeal.

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Attorney 1: 

Herbert H. Slatery, III, Attorney General and Reporter, Andree S. Blumstein, Solicitor General, and Jason I. Coleman, Assistant Attorney General, Nashville, Tennessee, for the appellant, Burns Phillips, Commissioner, Tennessee Department of Labor and Workforce Development.

Attorney 2: 

Scott Newton Brown, Chattanooga, Tennessee, for the appellant, Plateau Pediatrics, PLC. Rachel M. Moses and Janet Mynatt, Cookeville, Tennessee, for the appellee, Melissa A. Phillips.

Judge: 
MCCLARTY

IN RE NOLAN G., ET AL.

Two children came into the custody of the Department of Children’s Services in July 2012 after members of their extended family made allegations that their parents were abusing them. The children were adjudicated dependent and neglected, and subsequently, the Department instituted proceedings to terminate the parental rights of both parents. After a hearing, the court held that the parents had willfully abandoned their children by failure to support, substantial non-compliance, and persistence of conditions. Mother appeals the termination of her parental rights.

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Attorney 1: 

L. Willis Jones, Nashville, Tennessee, for the appellant, Chelsea G.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; and Jason I. Coleman, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Children’s Services.

Judge: 
DINKINS

JONATHAN MACKEY v. ELIZABETH ANNE MAYFIELD

Father, the primary residential parent with substantially more parenting time, sought to relocate to Wisconsin with the parties’ minor son. After learning that Father was about to relocate, Mother filed a petition in opposition to the relocation alleging that she had not received notice of Father’s intent to relocate as required by Tenn. Code Ann. § 36-6-108(a) and contending that relocation was not for a reasonable purpose and not in the child’s best interest.

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Attorney 1: 

Lucy C. Wright and Carol M. Ballard, Chattanooga, Tennessee, for the appellant, Jonathan Mackey.

Attorney 2: 

Sandra J. Bott, Chattanooga, Tennessee, for the appellee, Elizabeth Anne Mayfield. Michele L. Coffman, Chattanooga, Tennessee, Guardian Ad Litem.

Judge: 
CLEMENT

MITCH GOREE, ET AL. v. UNITED PARCEL SERVICE, INC.

This appeal involves two employees’ claims of racial discrimination and retaliation pursuant to the Tennessee Human Rights Act, Tenn. Code Ann. § 4-21-101, et seq. After a five-day jury trial, the jury found in favor of both employees on their claims of racial discrimination and retaliation for engaging in protected activity. The jury awarded one employee $2,600,000 and the other employee $2,042,000 in back pay, benefits, and compensatory damages.

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Attorney 1: 

Waverly D. Crenshaw, Jr. and Marcus M. Crider, Nashville, Tennessee, for the Appellant/Cross Appellee, United Parcel Service, Inc.

Attorney 2: 

Andrew C. Clarke, Memphis, Tennessee, and Luther O. Sutter, Benton, Arkansas, for the Appellees/Cross-Appellants, Mitch Goree and James Wherry.

Judge: 
GIBSON