TN Court of Appeals

IN RE: QUADAYVON H., ET AL.

This appeal involves the termination of a father’s parental rights to two of his children. The children’s mother’s rights were previously terminated. In 2010, the older child was adjudicated dependent and neglected due to his mother’s drug use; the father was incarcerated at the time. In 2012, both children were adjudicated dependent and neglected and removed from their mother’s home after an altercation involving the father and another child resulted in father’s arrest and mother’s arrest for drug use.

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Attorney 1: 

George E. Bennett, Seymour, Tennessee, for the appellant, Kevin H.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter and William Derek Green, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee, Department of Children’s Services.

John W. Stephenson, Guardian ad Litem.

Judge: 
GIBSON

CAMERON BROWN v. STATE OF TENNESSEE

The petitioner, Cameron Brown, appeals from the Sumner County Criminal Court order granting in part and denying in part his petition for writ of error coram nobis, which petition attacked his 2008 guilty-pleaded convictions of four counts of theft of property valued at $1,000 or more but less than $10,000; one count of forgery; passing a worthless check in an amount more than $500; and failure to appear as well as his 2011 guilty-pleaded conviction of escape.

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Attorney 1: 

Cameron Brown, Clifton, Tennessee, pro se.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Ray Whitley, District Attorney General; and Eric Mauldin, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
WITT

IN RE DAMIAN M. and IN RE JAQUAN B.

This is a dependency and neglect action involving the respondent mother’s two minor children, ages five and six at the time the incident giving rise to this action occurred. After it was discovered that the older child suffered, inter alia, a liver laceration as a result of physical abuse, the Hamilton County Juvenile Court determined that both children were dependent and neglected in the care of their mother. The juvenile court also determined that the older child was a victim of severe child abuse. The mother perfected a de novo appeal to the Circuit Court for Hamilton County.

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Attorney 1: 

David C. Veazey, Chattanooga, Tennessee, for the appellant, Phyllis T.

Attorney 2: 

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

Emily Beth Brenyas, Chattanooga, Tennessee, Guardian ad litem.

Judge: 
CLEMENT

IN RE SCOTT H.

This is a termination of parental rights case involving a ten-year-old child, Scott H. (“the Child”). On August 8, 2011, the Shelby County Juvenile Court (“trial court”) granted temporary legal custody of the Child to the Tennessee Department of Children's Services (“DCS”). The Child was immediately placed in foster care, where he has remained since that date. DCS subsequently filed a petition to terminate the parental rights of the Child's mother, Jill H. (“Mother”), and his father, William H. (“Father”), on April 17, 2015.

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Attorney 1: 

Johnna I. Duke, Memphis, Tennessee, for the appellant, Jill H.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter, and W. Derek Green, Assistant Attorney General, for the appellee, Tennessee Department of Children‟s Services.

Judge: 
FRIERSON

IN RE MAKENZIE P., ET AL.

This appeal arises from the termination of a mother's parental rights to her two children. The Department of Children's Services (“DCS”) removed the children from the mother's home due to drug exposure. After finding the children dependent and neglected, a juvenile court awarded custody of the children to mother's parents. The mother's parents then contracted with a nonprofit organization to place the children with a host family while the mother sought treatment for her drug use.

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Attorney 1: 

Andrew L. Wener, Memphis, Tennessee, for the appellant, Jennifer A.

Attorney 2: 

Laura D. Rogers, Memphis, Tennessee, for the appellees, Carla W. and Mitchell W.

Stacey Graham, Bartlett, Tennessee for the appellee, Guardian ad Litem.

Judge: 
MCBRAYER

JAMES A. LONG, ET AL. v. CHARLES D. LEDFORD, ET AL.

In this bench trial following a de novo appeal from the general sessions court, the trial court awarded Appellees a judgment of $2,308.28 representing the principal and interest due on a promissory note. Appellants raise several issues concerning the general sessions court proceeding as errors on appeal. Discerning no error, we affirm.

Attorney 1: 

Charles D. Ledford and Vivian Ledford, Erwin, Tennessee, Pro se.

Attorney 2: 

James Stephen Pate, Erwin, Tennessee, for the appellees, Patricia Long, and James A. Long.

Judge: 
STAFFORD

JAMES A. LONG, ET AL. v. CHARLES D. LEDFORD, ET AL.

James A. Long and Patricia Long (“Plaintiffs”) sued Charles D. Ledford and Vivian Ledford (“Defendants”) with regard to a promissory note. After a trial, the Circuit Court for Unicoi County (“the Trial Court”) entered a Final Order granting Plaintiffs a judgment against Defendants for $21,296.01. Defendants appeal to this Court. The record on appeal contains no transcript and no statement of the evidence. We must assume that the record had it been preserved would contain sufficient evidence to support the Trial Court‟s factual findings. We, therefore, affirm.

Attorney 1: 

Charles D. Ledford and Vivian Ledford, Erwin, Tennessee, pro se appellants.

Attorney 2: 

James S. Pate, Erwin, Tennessee, for the appellees, James A. Long and Patricia Long.

Judge: 
SWINEY

GEORGE CAMPBELL, JR. v. TENNESSEE DEPARTMENT OF CORRECTION, ET AL.

This is a prisoner complaint filed under the Tennessee Governmental Tort Liability Act (TGTLA) against the Tennessee Department of Correction, the Commissioner of Correction, Corrections Corporation of America, the correctional facility where the prisoner was housed, and several prison employees, seeking arrearages for unpaid wages, as well as punitive and compensatory damages. The complaint was filed in the Chancery Court of Davidson County. The trial court dismissed the prisoner’s complaint because it lacked subject matter jurisdiction to hear the case. The prisoner now appeals.

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Attorney 1: 

George Campbell, Jr., Clifton, Tennessee, Pro Se.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; and Charlotte Davis, Assistant Attorney General, for the appellees, State of Tennessee Department of Correction, and Derrick D. Schofield.

James I. Pentecost and Nathan D. Tilly, Jackson, Tennessee, for the appellees, Corrections Corporation of America, South Central Correctional Facility, Warden, South Central Correctional Facility, Librarian, South Central Correctional Center, and Jobs Coordinator, South Central Correctional Center.

Judge: 
ARMSTRONG

IN RE ADRIANNA S.

Father appeals the termination of his parental rights. In 2011, Father was sentenced to serve concurrent fifteen-year and four-year prison sentences. Thereafter, the Department of Children's Services filed a petition to terminate Father's parental rights under Tenn. Code Ann.

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Attorney 1: 

Peter Trenchi, III, Sewanee, Tennessee, for the appellant, Ernest B.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter, and W. Derek Green, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Children's Services.

Judge: 
CLEMENT

WILLIAM S. NICKELS, ET AL. v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY

Two dentists filed this action against the Metropolitan Government of Nashville and Davidson County ("Metro") under the Governmental Tort Liability Act to recover damages caused by the allegedly dangerous condition of the sewer and stormwater system behind their office. The trial court dismissed all of the plaintiffs' claims. We have concluded that the trial court erred in several respects. The trial court erred in concluding that the combined line did not present a dangerous condition pursuant to Tenn. Code Ann. § 29-29-204(a), and in applying Tenn. Code Ann.

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Attorney 1: 

John R. Jacobson and David Andrew Curtis, Nashville, Tennessee, for the appellants, William S. Nickels and W. Scott Nickels.

Attorney 2: 

Andrew David McClanahan, Christopher Michael Lackey, and Jenifer Bonilla Moreno, Nashville, Tennessee, for the appellee, Metropolitan Government of Nashville and Davidson County.

Judge: 
BENNETT