TN Court of Appeals

KENNETH L. JAKES v. SUMNER COUNTY BOARD OF EDUCATION

With concurring opinion by MCBRAYER

This appeal involves a request to inspect public records pursuant to the Tennessee Public Records Act, codified at Tennessee Code Annotated section 10-7-101, et seq. The plaintiff filed suit when his request to inspect the records policy for the Sumner County Board of Education was denied because he failed to make his request by mail or in person. The plaintiff sought attorney fees and requested a show cause hearing and a declaratory judgment, requiring the defendant to accept requests to inspect public records made by email, facsimile, telephone, or other similar methods.

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Attorney 1: 

Edmund Scott Sauer, Eric Todd Presnell, and Kristi W. Arth, Nashville, Tennessee, for the Sumner County Board of Education.

Attorney 2: 

Kirk L. Clements, Goodlettsville, Tennessee, for the appellee, Kenneth L. Jakes.

Judge: 
MCCLARTY

IN RE: MYA V.

This appeal involves the termination of two parents’ parental rights to their daughter. The trial court found by clear and convincing evidence that four grounds for termination existed with regard to the father and six grounds existed with regard to the mother. The trial court also found it to be in the child’s best interest to terminate parental rights. Mother and Father appealed, raising the issues of whether grounds existed for termination and whether it was in the child’s best interest to terminate.

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Attorney 1: 

Russell Clay Tribble, Cookeville, Tennessee, for the appellant, Tonya V.

Attorney 2: 

Daniel James Barnes, Sparta, Tennessee, for the appellant, Scotty S.

Herbert H. Slatery III, Attorney General and Reporter, and Brian A. Pierce, Assistant Attorney General, for the appellee, Tennessee Department of Children’s Services.

Kelsy Austin Miller, Guardian ad Litem.

Judge: 
GIBSON

JOHN O. THREADGILL V. WELLS FARGO BANK, N.A.

At an earlier time, in 2011, John O. Threadgill brought an action against Wells Fargo Bank,N.A. In doing so,he was acting as the trustee for the owner of real property,upon which mortgagee Wells Fargo intended to foreclose. That case ended in summary judgment against the trustee. When the decision became final following an appeal to this Court and an unsuccessful request for Supreme Court review, Threadgill almost immediately filed this action.

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Attorney 1: 

John O. Threadgill, Knoxville, Tennessee, appellant, pro se.

Attorney 2: 

Summer H. McMillan, Knoxville, Tennessee, for appellee, Wells Fargo Bank, N.A.

Judge: 
SUSANO

KIP HAROLD ROBY v. TERESA COAKLEY ROBY

This case arises out of the demise of a long-term marriage. The trial court granted the wife a divorce based on the husband’s inappropriate marital conduct and, after finding the wife economically disadvantaged, awarded her transitional alimony for a duration of 12 years. The husband appeals the final decree of absolute divorce solely on the issue of alimony. Our review of the record leads us to conclude that the trial court did not err in awarding alimony, nor did it err in the amount or duration of its award.

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Attorney 1: 

Steven C. Girsky, Clarksville, Tennessee, for the appellant, Kip Harold Roby.

Attorney 2: 

Katie B. Klinghard, Clarksville, Tennessee, for the appellee, Teresa Coakley Roby.

Judge: 
MCBRAYER

TOMMY LYNN LAWSON ET AL. v. KNOXVILLE DERMATOLOGY GROUP, P.C. ET AL.

The plaintiffs initiated this health care liability action against two defendant medical providers, a dermatology practice and a certified physician’s assistant employed by the practice. The defendants filed separate motions to dismiss, with each respectively asserting that the plaintiffs’ claims should be dismissed for failure to substantially comply with Tennessee Code Annotated § 29-26-121(a)(2)(E), which provides that a pre-suit medical authorization must be compliant with the Health Insurance Portability and Accountability Act (“HIPAA”).

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Attorney 1: 

Timothy L. Baldridge, Knoxville, Tennessee, for the appellants, Tommy Lynn Lawson and Katrina Lawson.

Attorney 2: 

James H. London, Carrie S. O’Rear, and Jeremey R. Goolsby, Knoxville, Tennessee, for the appellees, Knoxville Dermatology Group, P.C., and Katie Hageman, PA-C.

Judge: 
FRIERSON

ISIAH HOPPS, JR. v. JACQUELYN F. STINNES

This is a health care liability action in which a patient alleged that an emergency room nurse practitioner violated the applicable standard of care in her treatment of him by failing to order proper tests and failing to perform a proper examination. The case was tried before a jury for three days. At the close of proof, the trial court granted a partial directed verdict in favor of the Appellee, dismissing Appellant’s claims that Appellee breached the standard of care by not ordering a CT scan.

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Attorney 1: 

Bill M. Wade, Memphis, Tennessee, for the appellant, Isiah Hopps, Jr.

Attorney 2: 

William H. Haltom, Jr., and Laura Lampton Deakins, Memphis, Tennessee, for the appellee, Jacquelyn F. Stinnes.

Judge: 
GIBSON

STATE OF TENNESSEE v. SUSAN LYNETTE BAKER

The defendant, Susan Lynette Baker, appeals her Sequatchie County Circuit Court jury convictions of felony murder, especially aggravated robbery, and setting fire to personal property, claiming that the trial court erred by refusing to suppress the pretrial statement she provided to the police, the evidence of her theft of property from the victim’s residence, and the surveillance video from a motel; that the trial court erred by denying her motion to sever the arson charge from the remaining charges; that the evidence was insufficient to support her convictions of felony murder and especia

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Attorney 1: 

Samuel F. Hudson, Dunlap, Tennessee, for the defendant, Susan Lynette Baker.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; J. Michael Taylor, District Attorney General; and Steven H. Strain, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
WITT

IN RE ANGEL M., ET AL.

This appeal involves the termination of the parental rights of the mother and father of two minor children. The trial court held that the parents were in substantial noncompliance with three permanency plans, primarily for drug abuse and the failure to seek treatment, and subsequently terminated the parental rights of each. Both parents appeal. We affirm.

Attorney 1: 

Robert L. Huddleston, Maryville, Tennessee, for the appellant, Aaron T.

Attorney 2: 

Gregory E. Bennett, Seymour, Tennessee, for the appellant, Nancy M.

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

Wendy Gooch Patrick, Guardian ad Litem for the minor children.

Judge: 
MCCLARTY

IN RE B.B., ET AL.

In this dependency and neglect case, A.L.B. (father) reported to DCS that K.J.B. (mother) had physically abused their daughter, B.E.B. (child 1). After investigating the alleged abuse, DCS filed a petition to declare child 1 and her brother, B.A.B. (child 2) (collectively the children), dependent and neglected in mother’s care. The Montgomery County Juvenile Court adjudicated the children dependent and neglected. Mother appealed to the trial court. That court found clear and convincing evidence of abuse. Accordingly, the court adjudicated the children dependent and neglected.

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Attorney 1: 

B. Nathan Hunt and Zachary L. Talbot, Clarksville, Tennessee, for the appellant, K.J.B.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter, and Kathryn A. Baker, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Children’s Services.

Judge: 
SUSANO

DANIEL D. HALL ET AL. v. EAGLE ROCK DEVELOPMENT, LLC ET AL.

This case involves misrepresentations allegedly made to a husband and wife, purchasers of real estate. On June 16, 2006, Daniel D. Hall and Julie K. Hall executed a contract to purchase lot 25 in the Preserve at English Mountain (the Preserve). On June 30, 2006, the transaction closed. In November 2009, the Halls learned, for the first time, that public sewage disposal was not available to lot 25. Because of this deficiency, the Halls were restricted, against their wishes, to a dwelling with only two bedrooms.

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Attorney 1: 

David E. Fielder, Knoxville, Tennessee, for the appellants, Eagle Rock Development, LLC and Blue Ridge Realty, Inc..

Attorney 2: 

Douglas E. Taylor, Seymour, Tennessee, for the appellees, Daniel D. Hall and Julie K. Hall.

Judge: 
SUSANO