TN Court of Appeals

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

KENNETH L. JAKES v. SUMNER COUNTY BOARD OF EDUCATION

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

GEORGE HOLLOWELL v. DAVID PRATER, ET AL.

This case involves a boundary line dispute. The trial court adopted Appellee’s surveyor’s map and set the common boundary between the parties’ property in accordance with the original grantors’ intent to deed Appellants 25acres to have land that would allow their property to have access to the existing public road. Discerning no error, we affirm and remand.

Attorney 1: 

Dwayne D. Maddox, III, Huntington, Tennessee, for the appellants, David Prater, Pamela Prater, and Carolyn P. Garlits.

Attorney 2: 

Laura A. Keeton, Huntington, Tennessee, for the appellee, George Hollowell.

Judge: 
ARMSTRONG

MARTIN GOSS v. FRANKEY GOSS

The Notice of Appeal filed by the appellant, Martin Goss, states that the appellant is appealing from a judgment entered on March 7, 2017. However, there is no final judgment in the proceedings below and the case remains pending in the Trial Court. As such, we lack jurisdiction to consider this appeal.

Attorney 1: 

Martin Luther Goss, Knoxville, Tennessee, appellant, pro se.

Attorney 2: 

Michael L. DeBusk, Knoxville, Tennessee, for the appellee, Frankey Goss.

Judge: 
MCCLARTY

JENNIFER L. AL-ATHARI, ET AL. v. LUIS A. GAMBOA, ET AL.

Following two appeals, this negligence action was resolved in a jury trial. The jury returned a verdict finding for Defendant; Plaintiffs appealed and, discerning no error, we affirm.

Attorney 1: 

Jennifer L. Al-Athari and Haider G. Al-Athari, Hermitage, Tennessee, Pro Se.

Attorney 2: 

Steven D. Parman, Nashville, Tennessee, for the appellees, Morgan Southern Inc.

Dixie W. Cooper and Matthew H. Cline, Nashville, Tennessee, for the appellees, Victor W. Isaac, M.D. and Pain & Spine Consultants, P.C.

Judge: 
DINKINS

TOWN & COUNTRY JEWELERS, INC., ET AL. v. JESSICA LYNN TROTTER AKA JESSICA LYNN TROTTER-LAWSON

Judgment creditors appeal the denial of their motion to extend a judgment pursuant to Rule 69.04 of the Tennessee Rules of Civil Procedure. Although we reverse the trial court’s ruling that it lacked jurisdiction over judgment creditors’ motion, we affirm the trial court’s decision to deny the motion where it was not filed “[w]ithin ten years from the entry of [the underlying] judgment[,]” as required by Rule 69.04.

Attorney 1: 

Geoffrey G, Gaia, Memphis, Tennessee, for the appellants, Town & Country Jewelers, Inc., Linda L. Rozen, and Doron Rozen.

Attorney 2: 

Thomas L. Parker, and Mitchell S. Ashkenaz, Memphis, Tennessee, for the appellee, Jessica Lynn Trotter-Lawson.

Judge: 
STAFFORD

CHARLES D. SPRUNGER V. CUMBERLAND COUNTY, TN SHERIFF’S OFFICE

A homeowner was charged with knowingly possessing child pornography, and a forfeiture warrant was obtained to seize his house pursuant to Tenn. Code Ann. § 39-17- 1008. The homeowner was ultimately convicted and sentenced to prison, and his mortgage lender foreclosed upon his house. The State filed a complaint for judicial forfeiture in an effort to enjoin the mortgage lender from disbursing any excess proceeds from the foreclosure sale to the former homeowner. The trial court granted the State the relief it requested.

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Attorney 1: 

Benjamin K. Raybin, Nashville, Tennessee, for the appellant, Charles D. Sprunger.

Attorney 2: 

Robyn Beale Williams, Nashville, Tennessee, for the appellee, Cumberland County Sheriff’s Office.

Judge: 
BENNETT