TN Court of Appeals

IN RE CONSERVATORSHIP OF SCOTT D. MELTON

In this conservatorship case, East Tennessee Human Resources Agency was appointed as the financial conservator for the ward. The first annual accounting was approved by all parties. The trial court approved the second annual accounting and the subsequent final accounting following the ward‟s death. The ward‟s daughter objected and filed numerous other motions challenging the handling of the ward‟s finances. The trial court denied each motion and closed the conservatorship. The daughter appeals. We affirm.

Attorney 1: 

Bruce Hill, Sevierville, Tennessee, for the appellant, Marilyn Moore, personal representative for the Estate of Scott Melton.

Attorney 2: 

Robin M. McNabb and William A. Reeves, Knoxville, Tennessee, for the appellee, East Tennessee Human Resources Agency.

Judge: 
MCCLARTY

QUENTIN ELLIOTT LAWRENCE v. JESSICA MARCEL BROADNAX

This post-divorce appeal concerns the mother‟s notice of intent to relocate with the parties‟ minor child. The father responded by filing a petition in opposition to the requested relocation. Following a hearing, the trial court granted the father‟s petition. The mother appeals. We reverse the order of the trial court and remand for further proceedings regarding the best interest of the minor child.

Attorney 1: 

Charles G. Wright, Jr., Chattanooga, Tennessee, for the appellant, Jessica Marcel Broadnax.

Attorney 2: 

Jillyn O‟Shaughnessy, Chattanooga, Tennessee, for the appellee, Quentin Elliott Lawrence.

Judge: 
SUSANO

ELIZABETH E. CROCKETT v. MUTUAL OF OMAHA, ET AL.

This appeal arises from the dismissal of a complaint filed by a pro se litigant. The complaint sought injunctive and declaratory relief against several banks and a corporation, alleging that the banks and the corporation colluded to foreclose on her property. The trial court, after giving the complainant several opportunities to amend, dismissed her complaint for failure to state a claim upon which relief can be granted. We affirm the dismissal of the complaint.

Attorney 1: 

Elizabeth E. Crockett, Nashville, Tennessee, appellant, pro se.

Attorney 2: 

Courtney H. Gilmer and Jaime L. DeRensis, Nashville, Tennessee, for appellee, Mutual of Omaha Bank. Lauren Paxton Roberts, Nashville, Tennessee, for appellees HSBC Bank, N.A., USA and Mortgage Electronic Registration Systems, Inc. Edward D. Russell, Brentwood, Tennessee, for appellee M&T Bank.

Judge: 
MCBRAYER

PATRICIA BAZEMORE v. PERFORMANCE FOOD GROUP, INC., ET AL.

CORRECTION: The previous summary of this opinion omitted the attorneys for Performance Food Group

Patricia Bazemore brought this action against her former employer, Performance Food Group, Inc. (PFG) and Barry Pearson, a former employee of PFG. Ms. Bazemore claimed that, while she and Mr. Pearson were working for PFG, she was subjected to a pattern of unwanted sexual harassment by him – conduct that she alleges created a hostile work environment in violation of the Tennessee Human Rights Act (THRA). As a result of the unwanted sexual harassment, Ms.

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Attorney 1: 

Grace E. Daniell, Chattanooga, Tennessee, for the appellant, Patricia Bazemore.

Attorney 2: 

Neil A. Brunetz, Robert F. Parsley, and Jennifer W. Terry, Chattanooga, Tennessee, for the appellee, Performance Food Group, Inc.

Judge: 
SUSANO

KATJA UTE (FRANZ) BUCHANAN v. STEVEN JAMES LARRY BUCHANAN

Mother, a German citizen, married Father while he was stationed in Germany with the United States Army. The two moved to the United States, had one child, and were divorced. Approximately five years after being divorced, Mother sent Father a letter notifying him of her intention to relocate to Germany with the child. Father responded with a letter expressing his opposition to the child’s relocation and subsequently filed a petition opposing relocation; the petition was filed outside the 30-day time period set forth in Tenn. Code Ann. § 36-6-108.

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Attorney 1: 

Amanda G. Crowell, Lebanon, Tennessee, for the appellant, Katja Ute (Franz) Buchanan.

Attorney 2: 

Rayburn McGowan, Jr., Nashville, Tennessee, for the appellee, Steven James Larry Buchanan.

Judge: 
DINKINS

A-1 WASTE, LLC v. MADISON COUNTY MUNICIPAL SOLID WASTE PLANNING REGION BOARD, ET AL.

The Madison County solid waste planning region board rejected an application, submitted on behalf of A-1 Waste, LLC, to construct a solid waste landfill. In light of the rejection, the Commissioner of the Tennessee Department of Environment and Conservation declined to issue the landfill permit. A-1 Waste appealed the region board‟s rejection to the Chancery Court for Davidson County. A-1 Waste also requested review of the Commissioner‟s action by the Tennessee Solid Waste Disposal Control Board.

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Attorney 1: 

William L. Penny, Jerry W. Taylor, and Kevin P. Hartley, Nashville, Tennessee, for the appellant, A-1 Waste, LLC.

Attorney 2: 

John S. Hicks and Elizabeth B. McCostlin, Nashville, Tennessee, for the appellee, Madison County Municipal Solid Waste Planning Region Board. Lyndsay Smith Hyde and Andrea T. McKellar, Nashville, Tennessee, for the appellee, Concerned Citizens of Madison County.

Judge: 
MCBRAYER

ANTHONY TRAVIS RICHARDS v. VERONICA DENISE RICHARDS

Anthony Travis Richards (Husband), who was incarcerated in the custody of the Tennessee Department of Correction, filed this divorce action against Veronica Denise Richards (Wife). Husband also filed a “motion for leave of court to appear by means of video communications technology or, in the alternative, by telephone in lieu of personal attandence” in accordance with Tenn. Code Ann. § 41-21-809 (2014). The trial court did not address Husband’s motion. Rather, the court entered an order dismissing Husband’s complaint predicated on his failure to appear and prosecute the action.

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Attorney 1: 

Anthony Travis Richards, Mountain City, Tennessee, appellant, pro se.

Attorney 2: 

No appearance by or on behalf of appellee Veronica Denise Richards.

Judge: 
SUSANO

PATRICIA BAZEMORE v. PERFORMANCE FOOD GROUP, INC., ET AL.

Patricia Bazemore brought this action against her former employer, Performance Food Group, Inc. (PFG) and Barry Pearson, a former employee of PFG. Ms. Bazemore claimed that, while she and Mr. Pearson were working for PFG, she was subjected to a pattern of unwanted sexual harassment by him – conduct that she alleges created a hostile work environment in violation of the Tennessee Human Rights Act (THRA). As a result of the unwanted sexual harassment, Ms.

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Attorney 1: 

Grace E. Daniell, Chattanooga, Tennessee, for the appellant, Patricia Bazemore.

Attorney 2: 

Neil A. Brunetz, Robert F. Parsley, and Jennifer W. Terry, Chattanooga, Tennessee, for the appellee, Performance Food Group, Inc.

Judge: 
SUSANO

DIANE R. WRIGHT, ET AL. V. SHONEY=S TEN

Suit was brought for personal injuries allegedly sustained in a slip-and-fall at Defendant‟s restaurant. Plaintiffs filed a notice of voluntary non-suit and then re-filed the complaint within a year of dismissal; service of process was not obtained for twenty months. On Defendant‟s motion to dismiss the complaint as being ineffective because of Plaintiffs‟ alleged intentional delay in securing service of summons in contravention of Tenn. R. Civ. P. 4.01(3), the court held that the delay was intentional and dismissed the complaint.

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Attorney 1: 

Rebecca T. Garland, Nashville, Tennessee, for the appellant, Diane R. Wright and Richard Wright.

Attorney 2: 

Thomas J. Dement, II, Nashville, Tennessee, for the appellee, Shoney=s Tenn. 1, LLC.

Judge: 
DINKINS

JOHN S. TAYLOR v. TIMOTHY L. CLOUD

In this action seeking to enforce a judgment lien against the debtor‘s real property, the debtor claimed that he was not properly served with process in the underlying lawsuit wherein the judgment was entered. The trial court granted summary judgment to the creditor, and the debtor appealed. We affirm the trial court‘s grant of summary judgment based on the validity of the underlying judgment, determining that such judgment was not void on its face and thus not subject to collateral attack.

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Attorney 1: 

Timothy L. Cloud, Cape Coral, Florida, Pro Se.

Attorney 2: 

John S. Taylor, Jonesborough, Tennessee, Pro Se.

Judge: 
FRIERSON