TN Court of Appeals

DEWAYNA M. KILLEN v. PHILLIPS WRECKER SERVICE AND GARAGE

This dispute stems from an agreement for the purchase and installation of a used automobile motor. The parties to the agreement both claim the other breached the agreement. Following a trial, the circuit court determined that the purchaser breached the agreement. Discerning no error, we affirm.

Attorney 1: 

Dewayna M. Killen, Madisonville, Tennessee, pro se appellant.

Attorney 2: 

Scott E. Phillips d/b/a Phillips Wrecker Service and Garage, Tellico Plains, Tennessee, pro se appellee.

Judge: 
MCBRAYER

IN RE MICHAEL B., JR., ET AL

The trial court found clear and convincing evidence to terminate Mother’s parental rights to her two children on the grounds of abandonment by failure to establish a suitable home, substantial noncompliance with permanency plans, and persistence of conditions. The trial court also found clear and convincing evidence that termination was in the children’s best interest. Discerning no error, we affirm.

Attorney 1: 

Holly L. Booksh, Johnson City, Tennessee, for the appellant, Felicia A.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; W. Derek Green, Assistant Attorney General, for the appellee, Tennessee Department of Children’s Services.

Judge: 
STAFFORD

IN RE KENDALL H.

This is an appeal from an order terminating the parental rights of the appellant to her minor child, Kendall H. The only Notice of Appeal filed by the appellant was signed only by her attorney.

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Attorney 1: 

Gerald T. Eidson, Rogersville, Tennessee, for the appellant.

Attorney 2: 

Aaron Chapman, Morristown, Tennessee, for the appellees.

Russell S. Veldman, Dandridge, Tennessee, Guardian Ad Litem.

Judge: 
SUSANO

IN RE JAYDEN R., ET AL.

With dissenting opinion by BENNETT.

This appeal concerns termination of parental rights. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Warren County (“the Juvenile Court”) seeking to terminate the parental rights of Dara C. (“Mother”) to her minor children Jayden R., Kara C., and Jaxson C. (collectively, “the Children”). DCS also sought to terminate the parental rights of Jonathan C. (“Father”) to Kara C. and Jaxson C. After a trial, the Juvenile Court entered an order terminating Mother’s parental rights to the Children and Father’s parental rights to Kara and Jaxson.

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Attorney 1: 

Tammy H. Womack, McMinnville, Tennessee, for the appellant, Jonathan C.

Attorney 2: 

Christina S. Stanford, Manchester, Tennessee, for the appellant, Dara C.

Judge: 
SWINEY

HOMELIFT OF NASHVILLE, INC. v. PORTA, INC.

This appeal involves a claim for attorney’s fees and other litigation expenses incurred by a third-party defendant in a wrongful death action. The third-party plaintiff filed the third-party complaint against the third-party defendant seeking indemnity. A jury found both the third-party plaintiff and third-party defendant at fault for the death in the underlying action, but because the third-party plaintiff was allocated more than 50% of the fault, the jury determined that the third-party plaintiff was not entitled to indemnification.

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Attorney 1: 

Stephen W. Elliott and Fetlework Balite-Panelo, Nashville, Tennessee, for the appellant, Porta, Inc.

Attorney 2: 

Jefferson C. Orr and Joshua K. Chesser, Nashville, Tennessee, for the appellee, Homelift of Nashville, Inc.

Judge: 
MCBRAYER

ALFONZIA BILES, ET AL. v. TIFFANY ROBY

This case involves residential property that was purchased after a foreclosure. The purchaser filed this detainer action against the original homeowners, who refused to vacate the property. The general sessions court ruled in favor of the purchaser, and after a de novo trial in circuit court, the circuit court ruled in favor of the purchaser as well. We do the same. The decision of the circuit court is hereby affirmed and remanded for further proceedings.

Attorney 1: 

Drayton Durell Berkley, Memphis, Tennessee, for the appellants, Alfonzia Biles, and Tonya Biles.

Attorney 2: 

Brandon Franklin McNary, Memphis, Tennessee, for the appellee, Tiffany Roby.

Judge: 
GIBSON

TIMOTHY ALAN PORTICE v. ROSHAWNDA LYNN FOSTER PORTICE

This case involves a post-divorce motion for contempt. In her motion, Appellant/Wife averred that Appellee/Husband was in violation of the final decree of divorce. The trial court did not find Appellee in contempt, but entered an order enforcing its final decree of divorce regarding sale of the marital residence, Appellant’s access to the marital residence, and division of Appellee’s 401-K. The trial court also declined to award Appellant half of Appellee’s 2015 tax return.

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Attorney 1: 

Stephen H. Byrd, Knoxville, Tennessee, for the appellant, Roshawnda Lynn Foster Portice.

Attorney 2: 

Timothy Alan Portice, Caryville, Tennessee, pro se.

Judge: 
ARMSTRONG

JUDITH HUSK V. BRANDON THOMPSON

The trial court granted a default judgment against the appellant for claims of conversion, unjust enrichment, and malicious prosecution. Immediately after granting the default judgment, the trial court awarded the appellee damages without hearing proof. The appellant filed a motion to set aside the default judgment. The trial court denied the appellant’s motion. We affirm the trial court’s decision in all regards except for its award of damages. The case is remanded for a hearing on damages.

Attorney 1: 

Mitchell Edward Shannon, Murfreesboro, Tennessee, for the appellant, Brandon Thompson.

Attorney 2: 

David Brent Whelan, Murfreesboro, Tennessee, for the appellee, Judith Husk.

Judge: 
BENNETT

BETTY GRAHAM v. STACY LYNN ARCHER, ET AL.

This is an invasion of privacy case filed by Betty Graham. It arises out of disclosures made by the defendants in an underlying health care liability action. In the underlying case, the defendants moved to dismiss Graham’s case on the ground that she (1) had failed to file a statutory-mandated pre-suit notice and (2) had failed to file with her complaint a certificate of good faith, all as required by the Health Care Liability Act (the Act). Graham claims that she could not comply with the Act because the defendants failed to provide her with the relevant medical records.

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Attorney 1: 

Betty Graham, Whitewell, Tennessee, appellant, pro se.

Attorney 2: 

Daniel J. Ripper, Chattanooga, Tennessee, for the appellees, Stacy Lynn Archer and Robinson, Smith & Wells.

H. Dean Clements and Brie Allaman Stewart, Chattanooga, Tennessee, for the appellees, Jeanne Weaver and Spine Surgery Associates P.C.

Judge: 
SUSANO

FREDERICK COPELAND v. HEALTHSOUTH/METHODIST REHABILITATION HOSPITAL, LP, ET AL.

This is an appeal from the grant of summary judgment in favor of Appellee. Following Appellant’s knee surgery, Appellee provided Appellant transportation, by wheelchair van, from the rehabilitation hospital to a follow-up appointment with his surgeon. Prior to transport, Appellant signed an exculpatory agreement, releasing Appellee from all claims of ordinary negligence. Appellant was injured when he fell while trying to enter the van and filed suit against Appellee for negligence.

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Attorney 1: 

Donald K. Vowell, Knoxville, Tennessee, David E. Gordon and Erin L. Hillyard, Memphis, Tennessee, for the appellant, Frederick Copeland.

Attorney 2: 

Diana M. Comes, Memphis, Tennessee, for the appellee, MedicOne Medical Response Delta Region, Inc.

Judge: 
ARMSTRONG