TN Court of Appeals

IN RE KENDRA P. ET AL.

Mother appeals the termination of her parental rights to her seventeen-year-old daughter. We have concluded that the Department failed to prove by clear and convincing evidence that it is in the child’s best interest to terminate her mother’s parental rights in part because the child is seventeen years old, is not a candidate for adoption, and intends to maintain a relationship with Mother when she turns eighteen. Therefore, we reverse the termination of Mother’s parental rights to her seventeen-year-old daughter.

Attorney 1: 

Dean Curtis Griffey, Morristown, Tennessee, for the appellant, Debbie S.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; and Peako A. Jenkins, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Children’s Services.

Judge: 
CLEMENT

IN RE JOSHUA C.

The mother of a child born in January 2015 appeals the termination of her parental rights. In March 2015, the two-month-old child was placed in state custody after the Department of Children’s Services received a referral that the child had been exposed to drugs in utero. Thereafter, the juvenile court adjudicated the child dependent and neglected and found that the mother had committed severe child abuse as defined in Tenn. Code Ann. § 37-1-102(b)(21). The mother did not appeal this order. In June 2015, the Department filed a petition for termination of parental rights.

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Attorney 1: 

Tara L. Charlos, Knoxville, Tennessee, for the appellant, Mikayla C.

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.

Judge: 
CLEMENT

JOHN MICHAEL THAYER v. JENNIFER LYNN THAYER

This appeal arises from post-divorce efforts to modify child support. The father agreed, in the original parenting plan, to pay the tuition for a program for children with autism in lieu of child support. Subsequently, the parties agreed to enroll their child in a private school for children with learning challenges, and the father voluntarily paid the tuition. Several years later, the mother filed a petition for modification of child support after the father refused to continue paying the tuition.

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Attorney 1: 

J.P. Barfield and Mark C. Scruggs, Nashville, Tennessee, for the appellant, John Michael Thayer.

Attorney 2: 

Mary Arline Evans, Nashville, Tennessee, for the appellee, Jennifer Lynn Thayer.

Judge: 
MCBRAYER

IN RE SELENA L. ET AL.

This is a termination of parental rights case regarding the parental rights of the mother, Brandy L. (“Mother”) to her minor children, Selena L. and Isabella H., ages five and two respectively when the termination action was filed (collectively, “the Children”). Mother voluntarily placed Selena L. in the custody of a relative in 2009, shortly after the child’s birth. On April 13, 2012, the Hamilton County Juvenile Court (“juvenile court”) placed the Children into the custody of the maternal great-grandmother, Vickie R. (“Petitioner”), upon Petitioner’s filing an action for custody.

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Attorney 1: 

Rachel Fisher, Cohutta, Georgia, for the appellant, Brandy L.

Attorney 2: 

Hanna Stokes, Chattanooga, Tennessee, for the appellee, Vickie R.

MATTHEW JORDAN, SR. v. CITY OF MEMPHIS

At its scheduled meeting, the City of Memphis Pension Board denied by voice vote a Memphis police officer‟s request for benefits. At some point in time, which is unclear from the record, the Board approved minutes from its meeting, which reflected the denial of the police officer‟s request. The police officer filed a petition for writ of certiorari, seeking judicial review of the Board's decision. The police officer supported his petition with an oath but failed to include a recitation indicating that the petition was his first application for the writ.

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Attorney 1: 

John R. Johnson III, Memphis, Tennessee, for the appellant, Matthew Jordan, Sr.

Attorney 2: 

Andre B. Mathis, Memphis, Tennessee, for the appellee, City of Memphis.

Judge: 
MCBRAYER

IN RE JACQUELINE G. ET AL.

The mother and stepfather of two children filed a petition to terminate the parental rights of the children's father. Father was incarcerated when the petition was filed and had not visited or supported the children during the four months preceding his incarceration. Father was released in February 2015 after serving more than three years in prison on a theft of property charge and admitted at trial that the oldest child “might remember” him but that the youngest child would not.

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Attorney 1: 

S. Jason Whatley, Columbia, Tennessee, for the appellants, Nicole and Brian C.

Attorney 2: 

Thomas M. Hutto, Columbia, Tennessee, for the appellee, Randall G. Cara E. Lynn, Columbia, Tennessee, Guardian ad litem.

Judge: 
CLEMENT

IN RE DAYMIEN T.

The trial court terminated Father’s parental rights on grounds of substantial noncompliance with a permanency plan and persistent conditions. The trial court also found that termination was in the child’s best interest. Discerning no error, we affirm.

Attorney 1: 

Samuel E. White, Kingsport, Tennessee, for the appellant, Matthew T.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; and Kathryn A. Baker, Assistant Attorney General; for the appellee, State of Tennessee, Department of Children's Services.

Judge: 
STAFFORD

IN RE A.E.T.

DCS filed a petition to terminate the parental rights of T.E.W. (Father) to his child, A.E.T. (the Child), on two grounds. Following a bench trial, the court entered a termination order, finding, by clear and convincing evidence, that Father had been sentenced by a federal court to a term of imprisonment of more than ten years, at a time when the Child was not yet eight years of age. The court also found that termination was in the Child‘s best interest.

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Attorney 1: 

Peter Trenchi, Sewanee, Tennessee, for appellant, T.E.W.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter, and Rebekah A. Baker, Senior Counsel, Nashville, Tennessee, for the appellee, State of Tennessee.

Judge: 
SUSANO

IN RE S.D.D.

This case involves an effort to terminate parental rights. The Department of Children’s Services filed a petition to terminate the parental rights of E.D. (Mother) with respect to her child, S.D.D. (the Child). The trial court found clear and convincing evidence of four grounds supporting termination. The court also found, by the same quantum of proof, that termination is in the best interest of the Child. Mother appeals. We affirm.

Attorney 1: 

Bob C. Hooper, Brownsville, Tennessee, for the appellant, E.D.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter, and Kathryn A. Baker, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Children’s Services.

Judge: 
SUSANO

IN RE ESTATE OF ALYS HARRIS LIPSCOMB

Correction: On page 1, the party(ies) represented by attorney Olen M. Bailey changed from Scott Brinkmann Peatross and Thomas Huddleston to only Thomas Huddleston.

Appellants appeal from an order that was not final pursuant to Rule 58 of the Tennessee Rules of Civil Procedure. Accordingly, we dismiss this appeal for lack of subject matter jurisdiction.

Attorney 1: 

Robert L. J. Spence and E. Lee Whitwell , Memphis, Tennessee, for the appellant, Carnita F. Atwater.

Attorney 2: 

Olen M. Bailey, Memphis, Tennessee, for the appellee, Thomas Huddleston.

Judge: 
STAFFORD