TN Court of Appeals

S. A. M. D. v. J. P. D.

This is a post-divorce action. The trial court denied Wife‟s motion to continue, found that she breached the parties‟ marital dissolution agreement, and credited Husband for amounts he paid for necessaries when calculating Husband‟s child support arrearage. Wife appeals. We affirm.

Attorney 1: 

Kimberly Falls Lentz, Memphis, Tennessee, for the appellant, S.A.M.D.

Attorney 2: 

Vickie Hardy Jones, Memphis, Tennessee, for the appellee, J.P.D.

Judge: 
GOLDIN

IN RE: ESTATE OF GEORGIA MYERS SMELCER

Hal H. Lane appeals the May 20, 2014 judgment of the Chancery Court for Greene County (“the Trial Court”) finding and holding, inter alia, that Joseph J. Holt was the person who took care of Georgia Myers Smelcer (“Deceased”) until her death and, therefore, inherited real property known as the Hartshaw Addition pursuant to the Last Will and Testament of Georgia Myers Smelcer. We find and hold that the evidence does not preponderate against the Trial Court’s findings, and we affirm.

Attorney 1: 

Jeffrey A. Cobble, Greeneville, Tennessee, for the appellant, Hal H. Lane.

Attorney 2: 

Jerry W. Laughlin, Greeneville, Tennessee, for the appellee, Joseph J. Holt.

Douglas L. Payne, Greeneville, Tennessee, for appellee, the Estate of Georgia Myers Smelcer.

Judy S. Robinson, Greeneville, Tennessee, Administratrix ad litem for the Estate of Georgia Myers Smelcer.

Whittney N.L. Good, Greeneville, Tennessee, Guardian ad litem for unknown heirs of the Estate of Georgia Myers Smelcer.

Judge: 
SWINEY

JOSEPH J. HOLT v. TRUSTEE OF THE WILLOUGHBY CUMBERLAND PRESBYTERIAN CHURCH CEMETARY, ET AL.

Hal H. Lane appeals the May 20, 2014 Declaratory Judgment of the Chancery Court for Greene County (“the Trial Court”). We find and hold that Mr. Lane is not an aggreived party to this judgment and, therefore, lacks standing to appeal the judgment. We, therefore, affirm.

Attorney 1: 

Jeffrey A. Cobble, Greeneville, Tennessee, for the appellant, Hal H. Lane.

Attorney 2: 

Douglas L. Payne, Greeneville, Tennessee, for the appellees, Joseph J. Holt as Personal Representative of the Estate of Georgia Myers Smelcer, and the Estate of Georgia Myers Smelcer.

Judy S. Robinson, Greeneville, Tennessee, Administratrix ad litem for the Estate of Georgia Myers Smelcer.

Whittney N.L. Good, Greeneville, Tennessee, Guardian ad litem for unknown heirs of the Estate of Georgia Myers Smelcer.

Judge: 
SWINEY

MARK THOMAS WHITTEN v. DANA NICOLE WILLIS WHITTEN

Mother appeals from the trial court’s post-divorce determination that a modification of the parenting plan to designate Father as the primary residential parent of their children was in the children’s best interest. Mother contends the trial court erred in considering statements of the parties’ child made outside of court. Mother also contends the trial court erred in its application of the best interests factors set forth in Tennessee Code Annotated section 36-6-106. We affirm the judgment of the trial court.

Attorney 1: 

Casey Adam Long and William Thomas Mullican, III, Franklin, Tennessee, for the appellant, Dana Nicole Willis Whitten.

Attorney 2: 

S. Jason Whatley and George Clark Shifflett, III, Columbia, Tennessee, for the appellee, Mark Thomas Whitten.

Judge: 
GIBSON

DOMINICK J. LEONARDO v. ASHLI LEONARDO

With dissenting opinion.

This case involves the trial court‘s post-divorce modification of a parenting plan and modification of the parents‘ respective child support obligations. The trial court granted Appellee/Father‘s petition to modify the minor child‘s residential parenting schedule to give Appellant/Mother and Appellee/Father equal residential parenting time with the child under Tennessee Code Annotated Section 36-6-101(a)(2)(C). After modifying the residential parenting schedule, the trial court also modified the parties‘ respective child support obligations. Mother appeals.

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Attorney 1: 

Christopher B. Jaeger, and Gregory D. Smith, Nashville, Tennessee, for the appellant, Ashli Leonardo.

Attorney 2: 

James L. Collier, and Martin A. Kooperman, Nashville, Tennessee, for the appellee, Dominick J. Leonardo.

Judge: 
ARMSTRONG

DONNIE G. GOODWIN, ET AL. v. JIM BALE CONSTRUCTION, LLC

This appeal arises from a construction dispute. Appellants/Homeowners brought suit against Appellee/Builder. Appellants claim that Appellee built their home on uncontrolled fill material, which caused excessive cracking in the garage and the driveway. Appellee contends that Appellants‟ home was built on virgin soil, rather than fill material as alleged by Appellants. Both sides proffered expert testimony to prove the cause of the cracks. The trial court found Appellee‟s expert credible and concluded that the home was built on virgin soil.

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Attorney 1: 

Kirk L. Clements, Goodlettsville, Tennessee, for the Appellants, Donnie G. Goodwin and Julie Goodwin.

Attorney 2: 

Ronald B. Buchanan, Hendersonville, Tennessee, for the Appellee, Jim Bale Construction, LLC.

Judge: 
ARMSTRONG

IN RE MAKENZIE L.

In this termination of parental rights case, paternal great-aunt and great-uncle, who were named ―primary residential parents‖ of a minor child, filed a petition to terminate the parents‘ rights to their daughter on the grounds of persistence of conditions that led to removal, severe abuse, abandonment by failure to visit, and abandonment by failure to support. The trial court held that grounds did not exist for termination and returned the child to the custody of the parents.

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Attorney 1: 

Gary M. Williams, Hendersonville, Tennessee, for the appellants, Ronda and Eugene Melton.

Attorney 2: 

Connie Reguli, Brentwood, Tennessee, for the appellees, Adam and Ashley E.

Judge: 
BENNETT

KATHERINE SANKO v. CLINTON SANKO

This post-divorce appeal concerns the mother's notice of intent to relocate to Pennsylvania with the parties' minor children. 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 decision of the trial court.

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Attorney 1: 

John P. Konvalinka and Jillyn M. O‟Shaughnessy, Chattanooga, Tennessee, for the appellant, Katherine Sanko.

Attorney 2: 

Jennifer H. Lawrence, Chattanooga, Tennessee, for the appellee, Clinton Sanko.

Judge: 
MCCLARTY

FORD MOTOR CREDIT COMPANY, LLC v. ALICE MCCORMICK- JACKSON

This is an appeal from the trial court's order granting Appellee's motion for judgment on the pleadings in a breach of contract case. After the trial court granted Appellee's motion, Appellant filed a notice of appeal pro se. Due to deficiencies in Appellant's brief, we are unable to address the issues she raises on appeal. We therefore affirm.

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Attorney 1: 

Alice McCormick-Jackson, Memphis, Tennessee, Pro se.

Attorney 2: 

Alice McCormick-Jackson, Memphis, Tennessee, Pro se.

Judge: 
WALLER

IN RE BONNIE L., ET AL.

This appeal arises from the termination of Mother's and Father's parental rights. The children were removed from their parents' home because of drug exposure and domestic violence. A court adjudicated the children dependent and neglected about six months after their removal. Nearly two years later, the Department of Children's Services petitioned to terminate Mother's and Father's parental rights. Following a trial, the juvenile court found that two statutory grounds existed to terminate Mother's rights— substantial noncompliance and persistent conditions. The court found that three grounds existed to terminate Father's rights—abandonment for failure to visit, substantial noncompliance, and persistent conditions. The court also concluded that the termination of Mother's and Father's parental rights was in the children's best interest. Mother appeals the court's determination that there were statutory grounds to terminate her rights and that termination was in the children's best interest. Father also appeals the court's best interest determination, but he appeals the court's decision on only two of the three statutory grounds to terminate his rights. We affirm.

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Attorney 1: 

Jennifer L. Honeycutt, Nashville, Tennessee, for the appellant, Amanda L.

Attorney 2: 

Steven S. Hooper, Waverly, Tennessee, for the appellant, Mark S.

Judge: 
MCBRAYER