TN Court of Appeals

M.H.L. ET AL. v. BOYS AND GIRLS CLUB OF GREATER KINGSPORT, INC. ET AL.

The plaintiffs, Michael Lambert and Pamela Lambert, on behalf of themselves and their minor child, M.H.L. (collectively, “Plaintiffs”), seek to appeal from an order granting summary judgment in favor of the defendant, City of Kingsport, Tennessee (“the City”), on Plaintiffs’ claims against the City in this negligence case arising out of injuries sustained by the minor plaintiff while participating in a youth basketball program.

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Attorney 1: 

Thomas C. Jessee, Johnson City, Tennessee, for the appellants.

Attorney 2: 

Steven C. Rose, Kingsport, Tennessee, for the appellee, City of Kingsport, Tennessee.

Judge: 
FRIERSON

DAVID TURNER, ET AL v. KARL KENDRICK, ET AL. v. DANNY ANDERSON, ET AL.

This appeal arises from the dismissal of a third-party complaint, which was filed two years after the third-party plaintiffs filed its answer to the original complaint. The trial court found that the third-party plaintiffs failed to seek leave of the court to join the third party defendants as required by Tennessee Rule of Civil Procedure 14.01. The trial court also determined that the third-party plaintiffs failed to state a claim which would support the trial court granting leave to file a third-party complaint, and, accordingly, dismissed the Appellants’ third-party complaint.

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Attorney 1: 

Joseph M. Barrett and Jordan B. Osborn, Dickson, Tennessee, for the appellants, Karl Kendrick and Stacey Kendrick.

Attorney 2: 

David A. Bates, Spring Hill, Tennessee, for the appellee, Cindy Garvey.

Judge: 
ARMSTRONG

PEGGY PATTERSON v. SHANE PATTERSON

Stepmother filed a detainer warrant against Stepson and was awarded possession of the real property in the general sessions court. Stepson appealed to the circuit court, and a bench trial was conducted. The trial court awarded the property to Stepmother. We affirm the trial court’s finding that no resulting trust was proven. Although we affirm the trial court’s finding of unjust enrichment for the improvements on land based on the three-part test under Freeman Indus., LLC v. Eastman Chem. Co., 172 S.W.3d 512, 525 (Tenn.

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Attorney 1: 

Joshua A. Jenkins, Murfreesboro, Tennessee, for the appellant, Peggy Patterson.

Attorney 2: 

B. Nathan Hunt, Clarksville,, Tennessee, for the appellee, Shane Patterson.

Judge: 
STAFFORD

LINDA DIANE COBB v. STATE OF TENNESSEE, ET AL.

CORRECTION: On Page 1, added "(on appeal only)" after Brentwood, Tennessee for appellant's attorneys

The plaintiff filed suit alleging discriminatory and harassing practices violative of the Tennessee Human Rights Act. The defendants moved for summary judgment, and the trial court dismissed the plaintiff‟s claims, holding that the defendants had negated essential elements of the plaintiff‟s claims. On appeal, the plaintiff argues that the trial court erred in failing to allow for additional discovery before ruling on the request for summary judgment.

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Attorney 1: 

Heather Moore Collins and Anne Hunter Williams, Brentwood, Tennessee, (on appeal only) for the appellant, Linda Diane Cobb.

Attorney 2: 

Jeffrey M. Beemer and Joseph K. McKinney, Nashville, Tennessee, for the appellees, Maury County, Tennessee, and Maury County Health Department.

Herbert H. Slatery III, Attorney General and Reporter, Andrée S. Blumstein, Solicitor General, and Rachel A. Newton, Assistant Attorney General, for the appellees, State of Tennessee, Elizabeth Cook, and Constance Baker.

Judge: 
MCBRAYER

IN RE: LORENDA B.

This appeal concerns the termination of a mother’s parental rights to her minor child. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Davidson County (“the Juvenile Court”) seeking to terminate the parental rights of Judith B. (“Mother”) to her minor child Lorenda B. (“the Child”). Mother has alleged throughout this case that there is a satanic conspiracy against her and that the Child is at risk of having her organs harvested for trafficking purposes. After a trial, the Juvenile Court terminated Mother’s parental rights.

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Attorney 1: 

Nick Perenich, Nashville, Tennessee, for the appellant, Judith B.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter, and, Alexander S. Rieger, Assistant Attorney General, for the appellee, the Tennessee Department of Children’s Services.

John E. Evans, Guardian Ad Litem.

Judge: 
SWINEY

SHARYN HAYNES, ET AL. v. WAYNE COUNTY, TENNESSEE

This is an appeal from the trial court’s grant of summary judgment to the defendant, Wayne County, in a wrongful death action filed under the Governmental Tort Liability Act. The plaintiff’s grandson committed suicide several hours after being released from the defendant’s jail. The plaintiff filed this wrongful death action alleging that his death was caused by the defendant’s negligence in releasing him from custody in an intoxicated state without a mental health evaluation and without notifying his family of suicidal threats that he made while incarcerated.

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Attorney 1: 

Russell Belk and Taylor Sutherland, Nashville, Tennessee, for the appellant, Sharyn Haynes.

Attorney 2: 

Robyn Beale Williams and Ross V. Smith, Nashville, Tennessee, for the appellee, Wayne County, Tennessee.

Judge: 
GOLDIN

GEORGE M. GREENWOOD, ET AL. V. CITY OF LEBANON, TENNESSEE

The plaintiffs entered into a contract signed by the commissioner of finance for the City of Lebanon to act as the City’s insurance broker for health care benefits. The plaintiffs secured a group health care benefit contract for the City for the period from July 1, 2013 through July 1, 2014. In February 2014, the City informed the plaintiffs that it had appointed another broker and refused to pay the monthly service fees for the remaining months of the contract.

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Attorney 1: 

Phillip Andrew Wright, Jr., Lebanon, Tennessee, for the appellant, City of Lebanon, Tennessee.

Attorney 2: 

Joe M. Haynes, Goodlettsville, Tennessee, for the appellees, George M. Greenwood and Janet Langley.

Judge: 
BENNETT

IN RE KIRA G.

This case to terminate the parental rights of a father to his daughter is before the court for the second time. The case began when the mother and stepfather filed the petition to terminate the father’s rights and for the stepfather to adopt the child. The petition alleged the grounds of abandonment by failure to visit and support and by engaging in conduct showing a wanton disregard for the welfare of the child, and asserted that termination was in the child’s best interest. After a hearing, father’s parental rights were terminated; Father appealed.

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Attorney 1: 

Jennifer Luther, Greeneville, Tennessee, for the appellant, Robert P. G., II.

Attorney 2: 

Roger A. Woolsey, Greeneville, Tennessee, for the appellees, Mikeal R. T. and Jennifer N. J. T.

Judge: 
DINKINS

STEVEN J. THOMAS, ET AL. v. JEFFREY M. THOMAS, ET AL. v. DELMUS L. THOMAS, ET AL.

This appeal concerns the proper ownership of a piece of farm property in which the deed recites ownership as one-half to parents and one-fourth each to their two sons. The trial court eventually ruled that the property in dispute was solely owned by parents based on the complaining son’s nonpayment of taxes and awarded full ownership of the property to the parents under the theories of title by prescription and unjust enrichment. We reverse and remand.

Attorney 1: 

Donnie W. Knott, Milan, Tennessee, for the appellant, Steven J. Thomas.

Attorney 2: 

Phillip G. Hollis, Camden, Tennessee, for the appellees, Delmus L. Thomas, and Emily Faye Thomas.

Judge: 
STAFFORD

IN RE ESTATE OF VIRGINIA SPEARS

This appeal involves a challenge to certain decisions made by the probate court pursuant to a petition to ratify the decisions of the estate’s executor. Although we affirm the probate court’s determination that a $250,000.00 debt once owed to the decedent is now extinguished and also affirm its determination that a certain annuity policy should be transferred to the estate, we reverse the probate court’s determination that insurance policies owned by the decedent at her death should be transferred to her grandchildren.

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Attorney 1: 

Edward T. Autry and Hannah E. Bleavins, Memphis, Tennessee, for the appellant, Marvin Ray Spears, II.

Attorney 2: 

John C. Wagner, Memphis, Tennessee, for the appellee, Micah Britt Spears.

Judge: 
GOLDIN