TN Court of Appeals

IN RE WYATT B.

This appeal concerns a change of child custody. Jonathan B. (“Father”) filed a petition against Tabitha O. (“Mother”) in the Juvenile Court for Hamilton County (“the Juvenile Court”) seeking to become the primary residential parent of the parties’ minor child, Wyatt B. (“the Child”). After a trial, the Juvenile Court found a material change in circumstance sufficient to modify custody and that changing the Child’s primary residential parent from Mother to Father was in the Child’s best interest. Mother appeals. We affirm the judgment of the Juvenile Court.

Attorney 1: 

Jacqueline Strong Moss, Chattanooga, Tennessee, for the appellant, Tabitha O.

Attorney 2: 

Robert B. Pyle, Chattanooga, Tennessee, for the appellee, Jonathan B.

Judge: 
SWINEY

MEMPHIS PUBLISHING COMPANY D/B/A THE COMMERCIAL APPEAL, ET AL. v. CITY OF MEMPHIS, ET AL.

This appeal arises out of an action brought by a newspaper seeking access to application materials in the possession of a nonprofit professional association that was assisting the City of Memphis in recruiting candidates for its Director of Police.

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Attorney 1: 

Jonathan P. Lakey, William B. Walk, Jr., and John J. Cook, Memphis, Tennessee, for the appellant, City of Memphis.

Attorney 2: 

Zackery B. Busey and Lori H. Patterson, Memphis, Tennessee, for the appellant, International Association of Police Chiefs.

Lucian T. Pera and J. Bennett Fox, Jr. and, Memphis, Tennessee, for the appellee, Louis Graham and Memphis Publishing Company d/b/a The Commercial Appeal.

Judge: 
DINKINS

IN RE MYA H.

Presumptive Legal Father appeals the trial court’s finding that the presumption of parentage had been rebutted without the benefit of an evidentiary hearing and his resulting dismissal from this termination of parental rights proceeding. Because the statute relied upon to dismiss Presumptive Legal Father from this proceeding is inapplicable to the case-at-bar, we reverse the trial court’s decision to dismiss Presumptive Legal Father. We also vacate the trial court’s finding that the presumption of parentage had been rebutted and remand for an evidentiary hearing.

Attorney 1: 

James Franklin, Jr., Memphis, Tennessee, for the appellant, Fred E.

Attorney 2: 

Kevin W. Weaver, Cordova, Tennessee, for the appellee, Life Choices of Memphis, Inc.

Judge: 
STAFFORD

IN RE CONNER F.

This appeal concerns issues of custody and support of a minor child born in Colorado, but now residing in Tennessee. After determining that jurisdiction was proper in Tennessee, the trial court designated the mother, a resident of Tennessee, the primary residential parent and adopted her proposed parenting plan. Child support for the father, a resident of Colorado, was set at $1,017 per month. An arrearage balance of $23,428.38 was ordered paid at the rate of $200 per month until paid in full. The father appeals. We affirm.

Attorney 1: 

Philip M. Jacobs, Cleveland, Tennessee, for the appellant, Justin F.

Attorney 2: 

Jennifer K. Peck, Chattanooga, Tennessee, for the appellee, Amanda Christine K.

Judge: 
MCCLARTY

TERRY JUSTIN VAUGHN v. CITY OF TULLAHOMA, ET AL.

An inmate of the Coffee County jail was injured while working on a detail for the City of Tullahoma in a cemetery; he filed suit against the City and County pursuant to the Tennessee Governmental Tort Liability Act to recover for asserted negligence that caused his injury. The defendants moved for summary judgment on the grounds that each was immune from suit because liability was limited by Tennessee Code Annotated, section 41-2-123, to the inmate’s medical expenses, which had been paid. The trial court granted the motions and dismissed the case.

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Attorney 1: 

J. Brad Hannah, Smithville, Tennessee, for the appellant, Terry Justin Vaughn.

Attorney 2: 

Darrell G. Townshend, Nashville, Tennessee, for the appellee, Coffee County.

Aaron S. Guin, Nashville, Tennessee, for the appellee, City of Tullahoma.

Judge: 
DINKINS

IN RE JONATHAN S. Jr.

This appeal involves a father’s efforts to modify a permanent parenting plan. The father filed a petition in which he requested to be named the primary residential parent of the parties’ minor child. At the close of the father’s proof, the mother moved to dismiss the petition on the ground that the father failed to carry his burden of proving a material change in circumstance. The trial court agreed, found that the father’s evidence was insufficient to establish a material change in circumstances, and dismissed his petition. The father appealed.

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Attorney 1: 

Tarsila Crawford, James Widrig, and Megan Ross Bain, Nashville, Tennessee, for the appellant, Jonathan S.

Attorney 2: 

Laura A. Frost, Gallatin, Tennessee, for the appellee, Elizabeth S.

Laura A. Stewart, Nashville, Tennessee, Guardian Ad Litem.

Judge: 
GOLDIN

PAMELA MOSES v. SHELBY COUNTY SHERIFF BILL OLDHAM, ET AL.

Appellant appeals the dismissal of her action based on the expiration of the applicable statute of limitations and non-compliance with Rule 3 of the Tennessee Rules of Civil Procedure. Appellant also appeals the trial court’s denial of a motion to recuse. Discerning no error, we affirm.

Attorney 1: 

Pamela Moses, Memphis, Tennessee, Pro Se.

Attorney 2: 

John Marshall Jones, Memphis, Tennessee, for the appellees, Shelby County Sheriff, Bill Oldham & Officers and Shelby County Homeland Security.

S. Newton Anderson and Cameron M. Watson, Memphis, Tennessee, for the appellees, AlliedBarton Security Services, LLC.

Judge: 
STAFFORD

IN RE ESTATE OF WANDA JOYCE WATKINS

This appeal involves the interpretation and enforcement of a will executed by Wanda Joyce Watkins (“the Decedent”). Specifically at issue is a provision bequeathing the residue and remainder of the Decedent’s estate to her prior husband, Mr. John Vance (“Mr. Vance”). Although Mr. Vance’s children (“the Vance children”) claimed entitlement to the residuary estate by virtue of the anti-lapse statute codified at Tennessee Code Annotated section 32-3-105, the executrix of the estate contended that such a disposition was inconsistent with the Decedent’s intent.

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Attorney 1: 

Ginger Wilson Buchanan, Cleveland, Tennessee, for the appellants, John Darrell Vance, Nancy Ann Ferrara, Wendy Michelle Vance Knott, and William Landon Vance.

Attorney 2: 

O.E. Schow, IV and Robert L. Vance, Knoxville, Tennessee, for the appellee, Kimberly B. Jenkins.

Amy Bingham and Barry N. Blanton, Appellees.

Judge: 
GOLDIN

IN RE: ESTATE OF VIDA MAE MCCARTT

Appellant brought this action challenging the settlement agreement reached by the contestants in a will contest. Appellant, the legitimated child of Decedent’s deceased son, filed suit to set aside the settlement agreement based on allegations that the will contestants, including Appellant’s half-siblings, i.e., Appellees, engaged in fraud and misrepresentation in an effort to exclude Appellant from her share of Decedent’s estate.

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Attorney 1: 

Robert W. Wilkinson, Oak Ridge, Tennessee, for the appellant, Sara Shannon Armes.

Attorney 2: 

David H. Dunaway, LaFollette, Tennessee, for the appellees, Susan Collins, Nancy Wilson, and Joe McCartt.

Judge: 
ARMSTRONG

BETTY J. GRIZZLE v. PARKWEST MEDICAL CENTER

The plaintiff initiated this health care liability action on January 25, 2016. The defendant medical provider filed a motion to dismiss, asserting that the plaintiff had failed to attach the documentation required by Tennessee Code Annotated § 29-26-121(b) to demonstrate that proper pre-suit notice had been transmitted.

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Attorney 1: 

H. Franklin Chancey, Cleveland, Tennessee, for the appellant, Betty J. Grizzle.

Attorney 2: 

Broderick L. Young and F. Michael Fitzpatrick, Knoxville, Tennessee, for the appellee, Parkwest Medical Center.

Judge: 
FRIERSON