TN Court of Appeals

ERIC HOLMES v. SHELBY COUNTY SHERIFF’S OFFICE, ET AL.

Because the order appealed is not a final judgment, this appeal must be dismissed for lack of jurisdiction.

Attorney 1: 

Marlinee C. Iverson, Memphis, Tennessee, for the appellants, Shelby County Sheriff’s Office and Shelby County Civil Service Board.

Attorney 2: 

John A. Irvine, Jr., Memphis, Tennessee, for the appellee, Eric Holmes.

Judge: 
STAFFORD

IN RE ESTATE OF NATHLEENE C. SKINNER

At issue in this appeal is whether the attorney-in-fact for Nathleene Skinner, the decedent, had the authority to incur post-mortem legal fees to defend an action by the decedent’s step-children to recover the cremated remains of their father, Roy Skinner. After Mr. Skinner died, his body was cremated, and Mrs. Skinner retained possession of his remains until her death. When Mrs. Skinner died, her body was also cremated, and her attorney-in-fact took possession of both her remains and her husband’s remains. While Mrs.

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Attorney 1: 

Karl David Bradley, Jr., Salt Lick, Kentucky, Pro se.

Attorney 2: 

Kenneth L. Campbell, Nashville, Tennessee, for the appellee, the Estate of Nathleene C. Skinner.

Judge: 
CLEMENT

IN RE CHELSIA J. ET AL.

The opinion was originally published Dec. 16. Today the court published corrections on pages 9 and 10 for the opinion.

This is a termination of parental rights case, focusing on Chelsia J. and Jared J., the minor children (“Children”) of Fleesha J. (“Mother”) and Mark F. (“Father”). The Children were taken into protective custody by the Tennessee Department of Children’s Services (“DCS”) on April 28, 2011, upon investigation of the Children’s exposure to controlled substances in the parents’ home. On March 21, 2012, DCS filed a petition to terminate the parental rights of both parents.

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Attorney 1: 

Robert R. Asbury, Jacksboro, Tennessee, for the appellant, Fleesha J.

Attorney 2: 

Robert E. Cooper, Jr., Attorney General and Reporter, and Kathryn A. Baker, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Children’s Services.

Judge: 
FRIERSON

IN RE AIDEN M., ET AL.

This is an appeal by Amanda P. from an order terminating her parental rights to her two minor children, Aiden M. and Kaidence M. The order terminating the appellant's parental rights was entered on May 5, 2015. The Notice of Appeal was not filed until June 26, 2015, more than (30) days from the date of entry of the final order. Because the Notice of Appeal was not timely filed, we have no jurisdiction to consider this appeal.

Attorney 1: 

Jessica Sue Sisk, Newport, Tennessee, for the appellant, Amanda P.

Attorney 2: 

Robert E. Cooper, Jr., Attorney General and Reporter, and Paul Jordan Scott, Assistant Attorney General, General Civil Division, Nashville, Tennessee, for the appellee, Tennessee Department of Children's Services.

Jeffery S. Greene, Newport, Tennessee, Guardian Ad Litem.

Judge: 
SUSANO

GUYOKA BONNER v. SGT. CAGLE, ET AL.

An inmate sought a writ of certiorari challenging the decision of the prison disciplinary board, alleging both a violation of his due process rights and a violation of the Uniform Disciplinary Procedures. The trial court granted a motion for judgment on the pleadings based upon the Tennessee Supreme Court‟s holding in Willis v. Tennessee Department of Correction, 113 S.W.3d 706 (Tenn. 2003).

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Attorney 1: 

Guyoka Bonner, Tiptonville, Tennessee, Pro Se

Attorney 2: 

Jennifer L. Brenner, Nashville, Tennessee, for the appellee, Tennessee Department of Correction.

Judge: 
STAFFORD

JANICE GAIL MORY v. DANIEL KEITH MORY

This appeal arises out of a divorce case. The husband asserts that the trial court erred in classifying, valuing, and distributing the parties’ marital property. Because the husband failed to comply with Rule 7 of the Rules of the Court of Appeals of Tennessee, we deem his issues regarding the marital property division to be waived. The trial court’s decision is accordingly affirmed.

Attorney 1: 

Albert Wade, Jr., Paris, Tennessee, for the appellant, Daniel Keith Mory.

Attorney 2: 

Terry J. Leonard, Camden, Tennessee, for the appellee, Janice Gail Mory.

Judge: 
GIBSON

RICHARD KOLASINSKI v. TENNESSEE DEPARTMENT OF SAFETY AND HOMELAND SECURITY, ET AL.

Police seized a vehicle and commenced forfeiture proceedings. The Tennessee Department of Safety and Homeland Security mailed notices of the forfeiture proceedings to the driver and the owner of the vehicle, but the postal service returned the notices undelivered. When no petition was filed asserting a claim to the vehicle, the Department entered an order of forfeiture.

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Attorney 1: 

Justin A. Gee, Memphis, Tennessee, for the appellant, Richard Kolasinski.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; Andrée S. Blumstein, Solicitor General; and Brooke K. Schiferle, Assistant Attorney General, for the appellee, Tennessee Department of Safety and Homeland Security.

Judge: 
MCBRAYER

IN RE MARTAVIOUS B. ET AL.

This appeal arises from the termination of Father’s parental rights on two grounds, severe child abuse and persistence of conditions, and the finding that termination of his parental rights was in the best interests of his children. Father appeals the trial court’s findings of persistence of conditions and that it was in the best interests of the children to terminate his parental rights; however, Father does not appeal the trial court’s finding of severe child abuse. Because Father did not appeal the ground of severe child abuse, the trial court’s finding on that ground is final.

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Attorney 1: 

Brian E. Price, Clarksville, Tennessee, for the appellant, Martavious B.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; Rachel Erin Buckley, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Children’s Services.

Judge: 
CLEMENT

LAKEILIA JOHNSON V. NEW WAVE, LLC ET AL.

Homeowner filed suit against Defendants alleging intentional misrepresentation as to contractor licensure, construction skills, and code compliance, breach of implied duty of good faith and fair dealing, and violation of Tenn. Code Ann. § 62-6-136 for misrepresentation of licensure in connection with a $27,500 contractor agreement for home improvements. The trial court concluded that Defendants committed intentional misrepresentation, breached the duty of good faith and fair dealing, and violated Tenn. Code Ann. § 62-6-136.

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Attorney 1: 

Keith Sanders, Brentwood, Tennessee, Pro se.

Attorney 2: 

David J. Tarpley, Zachary D. Oswald, and Claire B. Abely, Nashville, Tennessee, for the appellee, Lakeilia Johnson.

Judge: 
CLEMENT

CARRIE M. THOMPSON V. STEPHEN MATTHEW THOMPSON

Father appeals the parenting schedule that substantially restricts his parenting time. Without making any findings of fact, the trial court restricted Father’s parenting time to 48 hours per month, with no overnight visitation, until the child is three years old. Father contends the severe restrictions on his parenting time are not supported by the evidence. He further contends the trial court erred by severely limiting his parenting time without making any finding that he was guilty of conduct that affected his ability to parent pursuant to Tenn. Code Ann. § 36-6-406(d).

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Attorney 1: 

Luke Austin Evans and Heather Graves Parker, Murfreesboro, Tennessee, for the appellant, Stephen Matthew Thompson.

Attorney 2: 

Laurie Young and Joe M. Brandon, Jr., Murfreesboro, Tennessee, for the appellee, Carrie M. Thompson.1

Judge: 
CLEMENT