TN Court of Appeals

RICKY FLAMINGO BROWN, SR. v. STATE OF TENNESSEE

Inmate appeals the dismissal of his claim that funds awarded to him as a result of a claim he filed with the Tennessee Claims Commission were incorrectly applied to his overdrawn inmate trust account. Finding that the application of the funds in this manner did not violate the pertinent statutes, we affirm the judgment of the Commission.

Attorney 1: 

Ricky Flamingo Brown, Sr., Whiteville, Tennessee, Pro Se, appellant.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; Andrée S. Blumstein, Solicitor General; Eric A. Fuller, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: 
DINKINS

SCOTT ELMER McCARTER v. DEBRA LYNN WALKER McCARTER

In this second appeal involving the instant divorce action, the wife appeals the trial court's enforcement of an enhanced judgment lien on behalf of her former counsel and the court's inclusion of certain tractor tires within the farm equipment previously awarded to the husband in the final judgment for divorce. Having determined that the record contains no proof of notice to the wife of the hearing at which the trial court awarded the enhanced judgment lien, we vacate the portion of the judgment enforcing the enhanced portion of the attorney's lien.

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Attorney 1: 

Scott Justice, Jefferson City, Tennessee, for the appellant, Debra Lynn Walker McCarter.1

Judge: 
FRIERSON

IN RE: MAISON W.

Deanna R.H.B. (“Mother”) appeals the order of the Chancery Court for Lincoln County (“the Trial Court”) finding and holding that it had been proven by clear and convincing evidence that grounds existed to terminate Mother's parental rights to the minor child Maison W. (“the Child”) for persistent conditions pursuant to Tenn. Code Ann. § 36-1- 113(g)(3), and for severe abuse pursuant to Tenn. Code Ann. § 36-1-113(g)(4), and that it was in the Child's best interest for Mother's parental rights to be terminated.

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Attorney 1: 

Louisa Jackson Davis, Lewisburg, Tennessee, for the appellant, Deanna R.H.B.

Attorney 2: 

Pat M. Fraley, Fayetteville, Tennessee, for the appellees, Charlie F.W., Lynda S.F.W., and Devin K.W.

Judge: 
SWINEY

LARRY BACHAR v. MIKE PARTIN, ET AL.

In suit arising out of a motor vehicle accident, Defendants appeal the jury’s finding that Defendant driver was 60 percent liable for the accident, the award of damages for lost past and future income, and the failure of the trial court to hold a hearing on alleged juror misconduct. Finding that the jury’s apportionment of liability and award of damages are supported by material evidence and that there is no factual basis for a hearing on jury misconduct, we affirm the judgment.

Attorney 1: 

Stuart F. James, Chattanooga, Tennessee, for the appellants, Mike Partin and Mike Partin Trucking.

Attorney 2: 

Floyd D. Davis, Winchester, Tennessee, for the appellee, Larry Bachar.

Judge: 
DINKINS

DELWIN L. HUGGINS, ET AL. v. R. ELLSWORTH MCKEE, ET AL.

Appellant appeals the trial court‘s grant of summary judgment dismissing his claims against a limited liability corporation surrounding the sale of the corporation and the distribution of the proceeds to one member. Although we reverse the trial court‘s ruling with regard to the application of Tennessee Code Annotated Section 48-237-101(d), we otherwise affirm the trial court‘s ruling granting summary judgment to the corporation on all claims asserted by Appellant.

Attorney 1: 

John P. Konvalinka and Cody M. Roebuck, Chattanooga, Tennessee, for the appellant, John P. Konvalinka.

Attorney 2: 

Anthony A. Jackson and Bruce C. Bailey, Chattanooga, Tennessee, for the appellee, Alternative Fuels, LLC.

Judge: 
STAFFORD

IN RE JAYDEN L., ET AL.

Mother appeals the termination of her parental rights as to her three biological children. The trial court terminated Mother’s parental rights on the grounds of abandonment by an incarcerated parent and persistent conditions. The trial court also found that termination of Mother’s parental rights was in the children’s best interest. We have reviewed the trial court’s findings as to the grounds for termination and the best interests of the children, and we conclude that they are supported by clear and convincing evidence and therefore affirm the judgment of the trial court.

Attorney 1: 

Joseph O. McAfee, Greeneville, Tennessee, for the appellant, June L.

Attorney 2: 

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

Judge: 
GOLDIN

HORACE PAUL ELEDGE V. JERRY PAUL ELEDGE

This is an action by Father to rescind a quitclaim deed on the ground the deed was procured by Son's fraud or constructive fraud. Father, believing his property might be subject to the claims of creditors, sought advice from Son on how to preserve his real property for the benefit of his two children and grandchildren. Son engaged an attorney to prepare a quitclaim deed reserving a life estate for Father and conveying the remainder interest in the property to Father's two children, Son and Daughter. Father executed the deed without reading it.

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Attorney 1: 

Mark T. Freeman, Nashville, Tennessee, for the appellant, Jerry Paul Eledge.

Attorney 2: 

Robert D. Massey, Pulaski, Tennessee, for the appellee, Horace Paul Eledge.

Judge: 
CLEMENT

JOHNATHAN LEE MCDONOUGH v. SLOAN MARIE MCDONOUGH

Johnathan Lee McDonough (“Father”) appeals the order of the Circuit Court for Montgomery County (“the Trial Court”) denying Father's post-divorce petition to relocate to Arizona with the parties' three minor children (“the Children”), and granting Sloan Marie McDonough (“Mother”) primary residential custody of the Children. Father raises an issue with regard to whether the Trial Court erred in finding that Mother‟s counter-petition was filed timely, and because of this alleged error, erred in not allowing Father to relocate with the Children pursuant to Tenn. Code Ann. § 36-6-108.

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Attorney 1: 

Donald Capparella and Elizabeth Sitgreaves, Nashville, Tennessee, for the appellant, Johnathan Lee McDonough.

Attorney 2: 

Michael K. Williamson and Tracy P. Knight, Clarksville, Tennessee, for the appellee, Sloan Marie McDonough (now Langelier).

Judge: 
SWINEY

JOHN A. BRUBAKER v. H. T. BECKHAM

A dispute arose between the purchaser of real property and a prior owner over certain personalty, including equipment and motor vehicles, left on the real property. After the prior owner removed one item of personalty and dumped tree waste on the real property, the purchaser filed suit against the prior owner seeking, among other things, injunctive relief. Following a hearing, the trial court granted the requested injunctive relief and concluded that the personalty that remained on the real property was owned by the purchaser.

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Attorney 1: 

Jerry E. Farmer, Murfreesboro, Tennessee, for the appellant, H. T. Beckham.

Attorney 2: 

Irene R. Haude, Nashville, Tennessee, for the appellee, John A. Brubaker.

Judge: 
MCBRAYER

ROY LEONARD SEWELL v. DIANE HOLLAND SEWELL

In this post-divorce parenting and child support action, the father filed petitions in January 2013 to register and modify the parties' 1997 Georgia divorce decree in the Hamilton County Circuit Court (“trial court”). In the divorce decree, the Georgia court had, inter alia, designated the mother as the primary residential parent of the parties' infant son and directed the father to pay weekly child support. The trial court subsequently entered an agreed order registering the Georgia decree.

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Attorney 1: 

Melissa Thomas Blevins, Jasper, Tennessee, for the appellant, Roy Leonard Sewell.

Attorney 2: 

Diane Holland Sewell, Chattanooga, Tennessee, Pro Se.

Judge: 
FRIERSON