TN Court of Appeals

MARTIN N. LEWIS, ET AL. v. MICHAEL D. WILLIAMS, ET AL.

This appeal results from the trial court’s entry of a default judgment. Discerning no error, we affirm.

Attorney 1: 

eff Mueller, Jackson, Tennessee, for the appellants, Michael D. Williams, Brenda K. Williams, and Bryan L. Williams.

Attorney 2: 

William R. Neese, Paris, Tennessee, for the appellees, Martin N. Lewis, and Randall L. Bowden.

Judge: 
STAFFORD

IN RE THE CONSERVATORSHIP OF CODY LEE WADE

The trial court approved Petitioners’/Conservators’ petition to establish a Supplemental Needs Trust for their Ward but declined to approve a proposed remainder provision naming two charities as beneficiaries. The trial court ruled that any amounts remaining in the Trust when it terminated would be distributed under the laws of intestate succession. The trial court also excluded evidence offered by Petitioners to demonstrate what they asserted was the Ward’s intent. We affirm, as modified.

Attorney 1: 

William L. Harbison, Carla L. Lovell, and Lisa K. Helton, Nashville, Tennessee, for the appellants, Ronnie Wade and Reba Wade.

Attorney 2: 

James H. Bradberry, Dresden, Tennessee, for the appellee, Kimberly C. Casner.

Judge: 
GOLDIN

FREDERICK MICHAEL BORMAN v. LARRY KEVIN PYLES-BORMAN

In this case a same-sex couple lawfully married in Iowa sought to obtain a divorce in Tennessee and raised a constitutional challenge to Tenn. Const. art. XI, § 18 and Tenn. Code Ann. § 36-3-113 (collectively “the Anti-Recognition Laws”). Tennessee’s Attorney General was granted leave to intervene in the suit. After a hearing the Circuit Court for Roane County (“the Trial Court”) held, inter alia, that the Anti-Recognition Laws did not violate the United States Constitution. Frederick Michael Borman appealed to this Court.

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Attorney 1: 

Mark N. Foster, Rockwood, Tennessee, for the appellant, Frederick Michael Borman.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; Joseph F. Whalen, Associate Solicitor General; and Kathryn A. Baker, Assistant Attorney General for the intervenor- appellee, State of Tennessee.

Judge: 
SWINEY

DAVID SOLIMA v. STEPHANIE SOLIMA

Mother, the primary residential parent, filed a petition seeking permission to relocate to Texas with the parties’ minor son. Father opposed Mother’s petition and filed a separate petition to be designated the primary residential parent. One week before trial, Mother notified the court that her petition to relocate was moot because she no longer needed to relocate; the trial proceeded on Father’s petition. Following trial, the court did not name Father the primary residential parent but increased Father’s residential parenting time.

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Attorney 1: 

Connie Reguli and Julia Shaver, Brentwood, Tennessee, for the appellant, David Solima.

Attorney 2: 

Lawrence J. Kamm, Nashville, Tennessee, for the appellee, Stephanie Solima.

Judge: 
CLEMENT

IN RE: SERENITY L.

Christina L. (―Mother‖) and Ian C. (―Father‖) appeal the termination of their parental rights to the minor child Serenity L. (―the Child‖). We find and hold that the Juvenile Court for Washington County (―the Juvenile Court‖) did not err in finding that clear and convincing evidence existed of grounds to terminate Mother‘s parental rights pursuant to Tenn. Code Ann. § 36-1-113(g)(1) and § 36-1-102(1)(A)(i) for abandonment by willful failure to visit and by willful failure to support and § 36-1-113(1)(A)(iv) for wanton disregard; and to terminate Father‘s parental rights pursuant to Tenn.

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Attorney 1: 

Jessica C. McAfee, Greeneville, Tennessee, for the appellant, Christina L.

Attorney 2: 

Sandy Phillips, Johnson City, Tennessee, for the appellant, Ian C. Janie Lindamood, Johnson City, Tennessee, Guardian ad Litem. Russell J. Kloosterman, Johnson City, Tennessee, for the appellee, Julie V.

Judge: 
SWINEY

PATRICIA ROSS V. ROBERT T. STOOKSBURY, JR.

Robert T. Stooksbury, Jr. (the creditor) obtained a judgment in federal district court against, among others, Rebecca Ross Jordan, the daughter of Patricia Ross, the plaintiff in the case now before us. The creditor then attempted, in federal court, to garnish the funds in three bank accounts1 jointly held by Jordan and plaintiff. Plaintiff argued to the federal court that the funds should not be subject to garnishment because, according to her, they were solely owned by plaintiff. The federal district court, applying Tenn. Code Ann.

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Attorney 1: 

Christopher J. Oldham, Knoxville, Tennessee, for the appellant, Patricia Ross.

Attorney 2: 

Wayne A. Ritchie II and James R. Stovall, Knoxville, Tennessee, for the appellee, Robert T. Stooksbury, Jr.

Judge: 
SUSANO

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