TN Court of Appeals

FREDRICK SLEDGE v. TENNESSEE DEPARTMENT OF CORRECTION, ET AL.

Appellant, an inmate in the custody of Appellee Tennessee Department of Correction, appeals the trial court’s dismissal of his petition for declaratory judgment. Specifically, Appellant challenges the Tennessee Department of Correction’s calculation of his jail credit on his criminal sentence. We conclude that the calculation of Appellant’s jail credit comports with the judgment of the criminal court. Affirmed and remanded.

Attorney 1: 

Fredrick Sledge, Only, Tennessee, pro se.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter, Andrée Blumstein, Solicitor General, and Jennifer L. Brenner, Senior Counsel, for the appellees, Tennessee Department of Correction and State Attorney General.

Judge: 
ARMSTRONG

IN RE ESTATE OF RUBY C. ROGGLI, ET AL.

Decedent’s nephews by marriage filed a petition seeking to recognize and establish a copy of a lost will as Decedent’s last will and testament. The trial court determined that the will was still in existence at the time Decedent lost testamentary capacity, and that Decedent did not have exclusive access and control of her will. Appellants appeal the trial court’s order establishing the lost will. Discerning no error, we affirm.

Attorney 1: 

Jerre M. Hood, Winchester, Tennessee, for the appellants, Lanelle Clark Harrison, Janet Jullian, Charlotte Reynolds, and Colleen Sylvester.

Attorney 2: 

Trudy McKelvey Edwards, Winchester, Tennessee, for the appellees, Estate of Ruby C. Roggli, Larry Shockley, Carl Spray, Charles Kent Clark, Jeff Clark, and Melissa Harrell.

Judge: 
ARMSTRONG

SHAYLA NICOLE PURIFOY v. DEVINE MAFA

After a lengthy hearing, the trial court granted an order of protection to the appellee based upon its finding that the appellant was stalking and harassing her. The trial court denied the appellant’s counter-petition for an order of protection. The appellant raises ten issues on appeal. For the following reasons, we affirm and remand for further proceedings.

Attorney 1: 

Carol Chumney, Memphis, Tennessee, for the appellant, Devine Mafa.

Attorney 2: 

Marty Brett McAfee, Memphis, Tennessee, for the appellee, Shayla Nicole Purifoy.

Judge: 
GIBSON

HEATHER KAILONI LAWSON (STEWART) v. MICHAEL SHERMAN STEWART

This is a post-divorce proceeding commenced by Mother to modify an existing permanent parenting plan. The trial court entered a default judgment, and then, without conducting an evidentiary hearing, adopted the parenting plan attached to Mother’s petition, decreased Father’s visitation time, and increased his monthly child support obligation. Father filed a motion to set aside the default judgment, which the trial court treated as a motion to alter or amend the judgment, and denied the motion. Father timely appealed.

read more »
Attorney 1: 

Cindy Morgan, Sparta, Tennessee, for the appellant, Michael Stewart.

Attorney 2: 

Cynthia S. Lyons, Cookeville, Tennessee, for the appellee, Heather Kailoni Lawson (Stewart).

Judge: 
GOLDIN

IN RE L.M.H., ET AL.

In this termination of parental rights case, the Department of Children’s Services filed a petition to terminate the parental rights of J.M.F. (father) with respect to L.M.H. and K.K.F. (the children). DCS alleged the following grounds for termination: (1) persistence of conditions; and (2) substantial noncompliance with the permanency plan. DCS also sought to terminate father’s rights with respect to L.M.H. on the ground of severe child abuse. The trial court entered an order finding clear and convincing evidence supporting each ground for termination.

read more »
Attorney 1: 

Ben H. Houston II, Knoxville, Tennessee, for the appellant, J.M.F.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter, and Jordan K. Crews, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Children’s Services.

Judge: 
SUSANO

IN RE: HAILEY C., ET AL.

This is an appeal of the termination of a father’s parental rights to his two minor daughters. The father is currently serving a thirty-four year prison sentence for criminal acts committed against his daughters. The children’s mother filed a petition to terminate the father’s rights to the children. Following a bench trial, the court below held that statutory grounds existed to terminate the father’s parental rights and that it was in the children’s best interest to do so. We affirm.

Attorney 1: 

Lydle Willis Jones, Nashville, Tennessee, for the appellant, Fred C.

Attorney 2: 

Mark J. Downton, Nashville, Tennessee, for the appellee, Melanie C.

Judge: 
GIBSON

ANNIE DAVIS, ET AL. v. GRANGE MUTUAL CASUALTY GROUP, ET AL.

This case involves the interplay between the statute of limitations, Rule 3 of the Tennessee Rules of Civil Procedure, and Tennessee Code Annotated section 56-7- 1206(d), allowing direct actions against uninsured motorist insurance carriers. The trial court granted the defendant uninsured motorist insurance carrier’s motion to dismiss. Discerning no error, we affirm.

Attorney 1: 

Jonathan E. Richardson and Karl E. Pulley, Nashville, Tennessee, for the appellants, Annie Davis and William Davis.

Attorney 2: 

C. Benton Patton and Jennifer P. Ogletree, Nashville, Tennessee, for the appellee, Grange Mutual Casualty Group and Steven G. Hobock.

Judge: 
STAFFORD

IN RE ESTATE OF JAMES KEITH OWEN

In this case challenging the trial court’s interpretation of the notice requirements of Tenn. Code Ann. § 30-2-306(d), we find the notice issue moot because the trial court found that the petitioner’s claim was without merit.

Attorney 1: 

John Robert Toy, II, Murfreesboro, Tennessee, for the appellant, James Lee Owen.

Attorney 2: 

Mark Allen Polk and Amy Broom Pollina, Murfreesboro, Tennessee, for the appellees, Cristina Amanda Utti-Hodge and Estate of James Keith Owen.

Judge: 
BENNETT

IN RE PRESTON L.

Mother and stepfather filed a parental termination action against the father of a minor child, and the trial court terminated the father’s parental rights on the following grounds: (1) incarceration under a sentence of ten years or more and the child was under the age of eight when the sentence was entered; (2) willful failure to support during the four months prior to incarceration; and (3) wanton disregard. We reverse the trial court’s determination that the petitioners presented clear and convincing evidence to support grounds of willful failure to support and wanton disregard.

read more »
Attorney 1: 

Michael Wilson Taylor, Gallatin, Tennessee, for the appellant, Landon J.L.

Attorney 2: 

Nancy Krider Corley, Nashville, Tennessee, for the appellees, Ashley K.R. and Nicholas C.R.

Judge: 
BENNETT

IN RE GRACE N.

This appeal stems from a juvenile court proceeding in Davidson County. Mother challenges the entered parenting schedule and raises a number of issues pertaining to the trial court’s child support calculations. For the reasons expressed herein, we affirm in part, reverse in part, vacate in part and remand for further proceedings consistent with this Opinion.

Attorney 1: 

D. Scott Parsley, Nashville, Tennessee and John J. Hollins, Jr., Franklin, Tennessee, for the appellant, Rachel N.

Attorney 2: 

Jeffrey Spark, Nashville, Tennessee, for the appellee, Julian G.

Judge: 
GOLDIN