TN Court of Appeals

JAMES SWANGER v. CARRIE LOWERY

In this appeal of the extension of an order of protection for five years, the appellant contends that the appellee did not prove an allegation of domestic abuse, stalking, or sexual assault by a preponderance of the evidence. Upon our review, we conclude that the evidence supports the finding that the initial order of protection was violated and that the court had the authority to extend the order; accordingly, we affirm the judgment of the trial court.

Attorney 1: 

Carrie A. Lowery, Nashville, Tennessee, Pro Se.

Attorney 2: 

Chelsea Nicholson, Nashville, Tennessee, for the appellee, James Swanger.

Judge: 
DINKINS

ROGER L. HOLT v. JIMMY CANTRELL, ET AL.

This appeal concerns access to real property (“the lake property”) owned by Roger L. Holt (“Holt”). Holt sued Jimmy Cantrell,1 Shirley Carroll and Tommy Cantrell (“Defendants”) in the Chancery Court for Bradley County (“the Trial Court”) alleging that he was entitled to access his property by means of a road bed (“the Disputed Road Bed”) on Defendants’ property (“the Cantrell property”). Holt advanced three alternative theories: that he was entitled to a prescriptive easement; that he was entitled to an easement by necessity; and that the Disputed Road Bed is a public road by implication.

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Attorney 1: 

H. Franklin Chancey, Cleveland, Tennessee, for the appellant, Roger Holt.

Attorney 2: 

Travis D. Henry, Cleveland, Tennessee, for the appellees, Shirley Carroll and Tommy Cantrell.

Judge: 
SWINEY

JENNIFER SUZANNE GILLETT V. JASON STEVEN MOLTHAN

A man who pled guilty to charges of aggravated stalking and harassment was ordered to stay away from the woman he was stalking and harassing. When the initial term of the order of protection was nearly over, the woman filed a motion seeking to have the order of protection extended for another year. The trial court granted the motion, and the man appealed. The man does not deny engaging in the acts that formed the basis for the order of protection; the issues he raises on appeal are procedural and tangential to the reasons for the order.

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Attorney 1: 

Jason Steven Molthan, Nashville, Tennessee, Pro Se.

Judge: 
BENNETT

SINAN GIDER v. LYDIA HUBBELL

On the petition of a father, a juvenile court held the mother of father’s child in civil contempt. The court found 19 separate instances of mother violating three orders enjoining her from making certain derogatory comments, both in person and on social media. Our review of the record leads us to conclude that the mother violated only two of the orders cited by the father. We also conclude that the court erred in holding the mother in contempt for two of the counts alleged by the father.

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Attorney 1: 

Lydia Ann Hubbell, Antioch, Tennessee, pro se appellant.

Attorney 2: 

Sarah L. Reist, Nashville, Tennessee, for the appellee, Sinan Gider.

Judge: 
MCBRAYER

CRAIG DILLON v. TENNESSEE FARMERS MUTUAL INSURANCE COMPANY

A policyholder brought suit to recover under personal fire and extended coverage policy for damage caused when burglars broke into his property and removed copper wiring, causing considerable damage. The trial court determined that the majority of the loss was excluded from coverage because it was caused by theft and awarded policyholder the amount previously tendered under the vandalism coverage, less his deductible. Policyholder appeals, contending that the plain language of the policy provides coverage for the damage caused by burglars.

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Attorney 1: 

D. Mitchell Bryant, Athens, Tennessee, for the appellant, Craig Dillon.

Attorney 2: 

H. Chris Trew, Athens, Tennessee, for the appellee, Tennessee Farmers Mutual Insurance Company.

Judge: 
DINKINS

DELTA GYPSUM, LLC V. MICHAEL FELGEMACHER

A supplier of drywall was a creditor of a company that installed drywall. The owner of the indebted company signed a promissory note in the amount of $370,615 payable to the supplier and paid a small portion of the note before selling the business to his son for $12,000. The supplier filed suit to obtain a judgment for the balance owed on the promissory note after the transfer of the business to the son. The supplier obtained a judgment against the former owner, but not against the company, for the amount owed on the note.

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Attorney 1: 

Frederick Larue Conrad, Jr., Knoxville, Tennessee, for the appellant, Delta Gypsum, LLC.

Attorney 2: 

Mary Foil Russell, Bristol, Virginia, for the appellee, Michael Felgemacher.

Judge: 
BENNETT

SUZANNE BISHOP WEST v. EPIPHANY SALON & DAY SPA, LLC

This appeal concerns a jury award of damages in a negligence case. Suzanne Bishop West (“West”) sued Epiphany Salon & Day Spa, LLC (“Epiphany”) in the Circuit Court for Hamilton County (“the Trial Court”) for damages resulting from a facial she received that burned her face. Epiphany conceded liability and the matter went before a jury for a determination of damages. The jury awarded West $125,000 in damages. Epiphany filed a motion for remittitur. The Trial Court, finding the award excessive, reduced the award from $125,000 to $47,800.

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Attorney 1: 

Thomas H. O’Neal and Jeffrey D. Boehm, Chattanooga, Tennessee, for the appellant, Suzanne Bishop West.

Attorney 2: 

Mary C. DeCamp and James F. Exum, III, Chattanooga, Tennessee, for the appellee, Epiphany Salon & Day Spa, LLC.

Judge: 
SWINEY

STATE EX REL. THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TN v. STATE OF TENNESSEE, ET AL.

Correction: On page one, paragraph 5 (the paragraph immediately before "Opinion"), second line. The original Opinion stated Stephen A. Hart, Special Council. The corrected Opinion states Steven A. Hart, Special Council.

The Metropolitan Government of Nashville and Davidson County filed a petition for a writ of mandamus against the State, seeking full funding for English language learner teachers and translators in accord with the ratios found in Tennessee Code Annotated § 49-3-307(a)(7). The trial court denied the writ of mandamus. We affirm.

Attorney 1: 

J. Brooks Fox, Lora Barkenbus Fox, Catherine J. Pham, Nashville, Tennessee, for the appellant, Metropolitan Government of Nashville and Davidson County.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; Andrée Blumstein, Solicitor General; Steven A. Hart, Special Council, Jay C. Ballard, Deputy Attorney General, Joseph P. Ahillen, Assistant Attorney General, Laura Miller, Nashville, Tennessee, for the appellees, State of Tennessee and Tennessee General Assembly.

Judge: 
BENNETT

TRINA A. HENSON v. CHRIS ROBERT HENSON

This is an appeal from a final decree of divorce. The trial court declared the parties divorced, divided the marital property and marital debt, and ordered Husband to pay rehabilitative alimony of $2,500.00 per month for three years, and an award of $20,000.00 for attorney’s fees, as alimony in solido. On appeal, Husband contends that the trial court erred in: (1) its division of the marital debt; (2) its award of rehabilitative alimony; and (3) its award of attorney’s fees. Wife requests attorney’s fees incurred in defending this appeal.

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Attorney 1: 

Jonathan A. Garner, Springfield, Tennessee, for the appellant, Chris Robert Henson.

Attorney 2: 

Charlotte Ann Fleming, Emily Cannon Green, and Brandi Lynn McPeek Jones, Springfield, Tennessee, for the appellee, Trina A. Henson.

Judge: 
ARMSTRONG

VOLODYMYR HELYUKH, ET AL. v. BUDDY HEAD LIVESTOCK & TRUCKING, INC., ET AL.

The plaintiffs appeal the grant of summary judgment in a negligence case. One of the plaintiffs, a truck driver, suffered injuries stemming from a collision with another tractor-trailer owned by the defendant and operated by its employee. The plaintiffs claimed that the employee's negligence proximately caused the accident. The owner of the overturned tractor-trailer moved for summary judgment on the ground that the plaintiffs could not establish that its employee's conduct fell below the applicable standard of care. The trial court agreed and granted summary judgment.

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Attorney 1: 

Ronald J. Berke, Jeremy M. Cother, and Charles A. Flynn, Chattanooga, Tennessee, for the appellants, Volodymyr Helyukh, and Mariah Helyukh.

Attorney 2: 

R. Dale Thomas and Matthew R. Courtner, Jackson, Tennessee, for the appellee, Buddy Head Livestock & Trucking, Inc.

Gary M. Kellar and Lucas E.W. Jerkins, Nashville, Tennessee, for the appellee, Northland Insurance Company.

Judge: 
MCBRAYER