TN Court of Appeals

CHARLES ALLEN HANNA v. JEANNETTEE LYNN HANNA

This is a post-divorce case. The parties executed a marital dissolution agreement, and the trial court incorporated the agreement into the divorce decree. Several years after the divorce, Appellee received a substantial social security disability payment that was deposited into a bank account held jointly with Appellant. Appellant later withdrew approximately one-half of the deposited amount. In response, Appellee took a vehicle that was awarded to Appellant under terms of the marital dissolution agreement.

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Attorney 1: 

Lloyd R. Tatum, Henderson, Tennessee, for the appellant, Jeanette Lynn Hanna.

Attorney 2: 

Charles Allen Hanna, Lexington, Tennessee, pro se.

Judge: 
ARMSTRONG

ROBERT W. HALLIMAN ET AL. V. HERITAGE BANK ET AL.

After foreclosing on three lots securing three loans, the mortgagee, Heritage Bank, sought to satisfy the outstanding deficiency by foreclosing on the debtors‟ family-owned property that additionally secured these obligations. To prevent the impending foreclosure, the debtors commenced this action contending they are not liable for the deficiency because the properties sold at foreclosure for an amount materially less than their fair market value. In its answer, the bank asserted a counterclaim seeking a deficiency judgment and attorneys‟ fees.

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Attorney 1: 

Justin Cole Sensing, Clarksville, Tennessee, for the appellants, Robert W. Halliman and Mal Son Halliman.

Attorney 2: 

Joy Anne Boyd and Jonathan Cole, Nashville, Tennessee, for the appellees, Heritage Bank and Michael F. Stalls.

Judge: 
CLEMENT

FLAT IRON PARTNERS, LP, ET AL. v. THE CITY OF COVINGTON, ET AL.

This is an appeal from the trial court‘s grant of summary judgment to Appellees on their Open Meetings Act claim, and the grant of partial summary judgment to Appellees on their Fair Housing Act claims, i.e., disparate treatment and disparate impact. We conclude that the trial court erred in granting summary judgment on the Open Meetings Act claim. We further conclude that there are disputes of material fact that preclude the grant of partial summary judgment on the FHA claims.

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Attorney 1: 

Edward J. McKenney, Jr., Memphis, Tennessee, for the appellants, City of Covington and City of Covington Municipal-Regional Planning Commission.

Attorney 2: 

J. Houston Gordon, Covington, Tennessee, for the appellees, Cottonwood Associates, LLC; Cottonwood Properties, Inc.; Flat Iron Partners, LP; John Coleman Hayes, Jr.; Wilrus Company, LLC; and A. Richard Wilson.

Judge: 
ARMSTRONG

IN RE DESTINY W.

This appeal involves the termination of Mother’s parental rights to her child. At ten and one-half weeks old, the Department of Children’s Services placed the child with guardians due to Mother’s drug use. About eighteen months after the child’s placement with the guardians, the Guardian ad Litem filed a petition for termination of parental rights. The juvenile court found statutory grounds for termination of Mother’s parental rights and that termination was in the child’s best interest.

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Attorney 1: 

W. Michael Kilgore, Nashville, Tennessee (on appeal), Karen Parker Casey, Lebanon, Tennessee (at trial), for the appellant, Erica W.

Attorney 2: 

Elizabeth L. Youmans, Lebanon, Tennessee, Guardian ad Litem.

Judge: 
MCBRAYER

COMMUNITY FIRST BANK AND TRUST V. THE VELLIGAN FAMILY TRUST ET AL.

The matters in dispute pertain to four promissory notes. After the Bank filed suit to collect on the notes, Defendants filed counterclaims against the Bank and cross-claims against one of its agents. Following discovery, the Bank and its agent moved for summary judgment on all claims; Defendants opposed summary judgment on several grounds.

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Attorney 1: 

Carol A. Molloy and Jonathan Lynn Miley, Lynnville, Tennessee, for the appellants, The Velligan Family Trust, Mark Velligan and Mary Margaret Velligan.

Attorney 2: 

David M. Anthony, Anne C. Martin and Mandy Strickland Floyd, Nashville, Tennessee, for the appellee, Community First Bank & Trust.

Judge: 
CLEMENT

ALBERT FRANKLIN SUMMERS v. NAKISHA LAYNE

At issue in this appeal is a custody dispute between Albert Franklin Summers (“Father”) and Nakisha Layne (“Mother”). In addition to finding that Mother failed to comply with the parental relocation statute codified at Tennessee Code Annotated § 36-6-108, the trial court determined that it would be in the minor child's best interests to designate Father as the primary residential parent.

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Attorney 1: 

J. Christopher William, Pulaski, Tennessee, for the appellant, Nakisha Layne.

Attorney 2: 

Robert D. Massey, Pulaski, Tennessee, for the appellee, Albert Franklin Summers.

Judge: 
GOLDIN

LEGACY AUTO SALES, LLC, ET AL. v. BANK OF NEW YORK MELLON, ET AL.

This appeal arises from a suit by a borrower against a bank and its servicing agent. In its amended complaint, the borrower sought to enjoin a foreclosure sale and set aside the assignment of the deed of trust. Additionally, the borrower sought damages for several statutory violations, including alleged violations of the Tennessee Consumer Protection Act (“TCPA”). Though the trial court granted summary judgment in favor of the defendants on most of the claims, there is no final judgment with regard to the borrower’s TCPA claim.

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Attorney 1: 

Drayton Durell Berkley, Memphis, Tennessee, for the appellants, Rodney Hayes, Equilla Hayes and Legacy Auto Sales, LLC.

Attorney 2: 

Lauren Paxton Roberts, Nashville, Tennessee, for the appellee, Bank of New York Mellon.

Judge: 
GIBSON

IN RE JAKE S.

This appeal arises out of a dispute regarding parenting time and child support obligations. After Father’s paternity was established, a magistrate judge named Mother the primary residential parent and granted her 230 days of parenting time. The magistrate judge granted Father 135 days. Father was ordered to pay $156 in monthly child support, plus $50 per month towards his arrearage. After Mother’s request for rehearing, the juvenile court judge conducted a de novo hearing. The juvenile court granted Mother 285 days of parenting time and Father only 80.

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Attorney 1: 

Thomas H. Miller, Nashville, Tennessee, for the appellant, Jeffrey S.

Attorney 2: 

James L. Curtis and Barbara Fisher Henry, Nashville, Tennessee, for the appellee, Geneva P.

Judge: 
MCBRAYER

TIMOTHY JOSHUA GOODING v. JESSIKA ANN GOODING

Father appeals the parenting schedule contending it is not supported by the evidence and that the trial court erred by implicitly basing the parenting schedule on an erroneous legal standard, the tender years doctrine. Decisions concerning parenting plans are reviewed based on the deferential abuse of discretion standard. Nevertheless, discretionary decisions must be based on the applicable law and the relevant facts; accordingly, they are not immune from meaningful appellate review. In all actions tried upon the facts without a jury, the trial court is required, pursuant to Tenn. R. Civ.

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Attorney 1: 

Daniel H. Rader, IV, Cookeville, Tennessee, for the appellant, Timothy Joshua Gooding.

Attorney 2: 

Brett A. York and Tiffany S. Lyon, Crossville, Tennessee, for the appellee, Jessika Ann Gooding.

Judge: 
CLEMENT

IN RE EVE C.

Mother, whose daughter was placed in custody of the Department of Children's Services at birth, appeals the termination of her parental rights on grounds of substantial non-compliance with the permanency plans and persistence of conditions. Finding no error, we affirm the termination of Mother's rights.

Attorney 1: 

Carla Kent Ford, Murfreesboro, Tennessee, for the appellant, Jenine M. C.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; and Mary Byrd Ferrara, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee Department of Children's Services.

Judge: 
DINKINS