TN Court of Appeals

IN RE CASYN B., ET AL.

A father appeals the termination of his parental rights. The court terminated the father’s rights on the grounds of abandonment by engaging in conduct that exhibited wanton disregard for the children’s welfare, as well as substantial noncompliance with the permanency plan. The court found that termination was in the children’s best interests. Upon our review, we affirm the judgment of the trial court.

Attorney 1: 

C. Brent Keeton, Manchester, Tennessee, for the appellant, Robert B.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; Ellison M. Berryhill, Assistant Attorney General, for the appellee, Tennessee Department of Children’s Services.

Judge: 
DINKINS

TAMALA TEAGUE, ET AL. v. GARNETTE KIDD, ET AL.

In this fraudulent conveyance action, a trial by jury resulted in judgment for decedent’s estate against defendants. Defendants filed a motion for a new trial asserting that: (1) the trial court erred in failing to grant a mistrial after counsel for decedent’s estate made a comment about one of the defendant’s credibility from “past cases” purportedly in the presence of the jury; and (2) no evidence supports the jury verdict. The trial court denied the post-trial motion and affirmed the jury verdict. Defendants appealed. We affirm.

Attorney 1: 

William J. Brown, Cleveland, Tennessee, for the appellants, Garnette Kidd, and William Kidd.

Attorney 2: 

Andy D. Lewis, Chattanooga, Tennessee and R. Prince Miller, Jr., Cleveland, Tennessee, for the appellee, Tamala Teague.

Judge: 
STAFFORD

KRISTIE LINLEY SIBLEY v. COREY D. SIBLEY

This is a divorce case. Wife was granted a divorce due to Husband’s inappropriate marital conduct. The trial court then made a division of the parties’ marital property and debt, which included an award to Wife of the marital residence and the equity therein. The court further awarded Wife $1,100 per month for 36 months in rehabilitative alimony and $3,000 in attorney’s fees as alimony in solido. Husband appeals the trial court’s awards of the marital residence and alimony to Wife. Wife seeks attorney’s fees for defending this appeal.

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Attorney 1: 

Mark Robert Olson and Taylor Robinson Dahl, Clarksville, Tennessee, for the appellant, Corey D. Sibley.

Attorney 2: 

Timothy T. Ishii, Nashville, Tennessee, for the appellee, Kristie Linley Sibley.

Judge: 
GIBSON

KATRINA PARRISH v. MICHAEL GRIGGS

This appeal involves a petition to establish paternity, which was filed when the child was a teenager. DNA testing established the father as the biological father of the child. In the father’s counter-petition for custody, he claimed that, shortly after the child’s birth, the mother informed him that he was not the child’s father. After a two-day trial, the juvenile court entered an order establishing the father’s parentage, naming the mother primary residential parent, and changing the child’s surname to the father’s surname.

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Attorney 1: 

Mary L. Wagner, Memphis, Tennessee, for the appellant, Michael Griggs.

Attorney 2: 

Katie P. Hagenbrok and Ryan M. Hagenbrok, Savannah, Tennessee, for the appellee, Katrina Parrish.

Judge: 
MCBRAYER

IN RE JAYSON M.

Father appeals the termination of his parental rights on the grounds of abandonment by willful failure to visit, contending that he was not properly notified of the hearing to terminate his rights and was denied his right to counsel. Upon review of the record, we vacate the judgment and remand for further proceedings.

Attorney 1: 

Joseph M. Viglione, Knoxville, Tennessee, for the appellant, Allen T., Jr.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; Ellison M. Berryhill, Assistant Attorney General, for the appellee, Tennessee Department of Children’s Services.

Sherry Mahar, Knoxville, Tennessee, Guardian Ad Litem.

Judge: 
DINKINS

JIMMY D. OGLE V. JULIE D. DUFF

Husband and Wife were married for approximately five and one-half years when Husband filed a complaint for divorce. Wife filed a counter-complaint for a divorce. The trial court granted the parties a divorce based on stipulated grounds, classified the parties’ assets as separate or marital, and divided the marital estate.

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Attorney 1: 

Brian E. Nichols, Loudon, Tennessee, for the appellant, Jimmy D. Ogle.

Attorney 2: 

Mandy M. Hancock, Knoxville, Tennessee, for the appellee, Julie D. Duff.

Judge: 
BENNETT

IN RE MARTESE P.

This appeal arises from the termination of Mother’s parental rights. The child was removed from Mother’s custody in November 2013, when the child was twelve months old, after Mother and the child tested positive for drugs. On the petition of the Department of Children’s Services, the juvenile court adjudicated the child dependent and neglected based on the finding that Mother committed severe child abuse as defined in Tenn. Code Ann. § 37-1-102. In September 2014, DCS placed the child in the custody of Petitioners.

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Attorney 1: 

Lee R. Sparks, Jackson, Tennessee, for the appellant, Kelsey K.

Attorney 2: 

Joseph T. Howell, Jackson, Tennessee, for the appellee, James C. and Sarah C.

Judge: 
CLEMENT

IN RE COLBY L.

Mother appeals the termination of her parental rights on the grounds of abandonment by willful failure to visit and support, contending that her failure to visit and support was not willful. Discerning no error, we affirm the judgment of the trial court.

Attorney 1: 

Lauren L. Sherrell, Chattanooga, Tennessee, for the appellant, Beth A. M.

Attorney 2: 

Hannah C. Stokes, Chattanooga, Tennessee, for the appellee, Christopher D. L. and Wendy G.L.

Terri Braswell Gilbert, Ooltewah, Tennessee, Guardian Ad Litem.

CLAIRE NICOLA BELL v. TIMOTHY JOHN BELL

CORRECTION: Page 1 added Charles D. Susano, Jr., filed a separate concurring opinion.

This appeal concerns visitation in a post-divorce setting. Claire Nicola Bell (“Mother”) and Timothy John Bell (“Father”) are parents of the two minor children at issue, ages eleven and seven at trial (“the Children”). Mother and Father divorced in 2012. Both parents were named “co-primary residential parents” and each parent received equal visitation time with the Children. Later, as the arrangement grew contentious, Mother filed a petition for modification seeking to be named exclusive primary residential parent. Father, in turn, filed a counter-petition seeking the same designation.

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Attorney 1: 

Janie Parks Varnell and Bryan H. Hoss, Chattanooga, Tennessee, for the appellant, Claire Nicola Bell.

Attorney 2: 

Russell Anne Swafford, Dunlap, Tennessee, for the appellee, Timothy John Bell.

Judge: 
SWINEY

JASON BAINE v. BRENDA WOODS

A father appeals the denial of his petition to modify a permanent parenting plan. The juvenile court found no material change in circumstance had occurred sufficient to modify the primary residential parent designation. The court also denied the father’s subsequent motion to alter or amend the judgment. Because the father failed to file a transcript or a statement of the evidence, we presume that the evidence presented at trial supported the court’s determination that no material change in circumstance occurred.

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Attorney 1: 

Samuel W. Hinson, Lexington, Tennessee, for the appellant, Jason Baine.

Attorney 2: 

K. Michelle Morris-DeLoach, Lexington, Tennessee, for the appellee, Brenda Woods.

Judge: 
MCBRAYER