TN Court of Appeals

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

DALLAS K. HURLEY, JR. v. RYAN B. PICKENS, M.D., ET AL.

Dallas K. Hurley, Jr. (“Plaintiff”) sued Ryan B. Pickens, M.D. and University Urology, P.C. (“Defendants”) alleging claims for health care liability. Defendants filed a motion to dismiss. While the motion to dismiss was pending, Plaintiff filed a notice of and motion for voluntary dismissal pursuant to Tenn. R. Civ. P. 41. The Circuit Court for Knox County (“the Trial Court”) granted Plaintiff a voluntary dismissal without prejudice.

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Attorney 1: 

Edward G. White, II and Joshua J. Bond, Knoxville, Tennessee, for the appellants, Ryan B. Pickens, M.D., and University Urology, P.C.

Attorney 2: 

D. Scott Hurley and Ryan N. Shamblin, Knoxville, Tennessee, for the appellee, Dallas K. Hurley, Jr.

Judge: 
SWINEY

TOM SEATON v. MONA JOHNSON

The appellee brought a detainer warrant against the appellant. The general sessions court granted the warrant and the appellant appealed to the circuit court, but did not post the required bond. The circuit court dismissed the case and the appellant appealed. We find that appellant’s brief does not meet the argument and citation requirements of Tenn. R. App. P. 27(a)(7) and, therefore, consider appellant’s issues waived. The circuit court’s decision is affirmed.

Attorney 1: 

M. Stanley Givens, Johnson City, Tennessee, for the appellant, Mona Johnson.

Attorney 2: 

Anthony A. Seaton, Johnson City, Tennessee, for the appellee, Tom Seaton.

Judge: 
BENNETT

DAVID H. McCORD v. HCA HEALTH SERVICES OF TENNESSEE, INC.

Surgeon brought suit against a hospital alleging multiple causes of action, two of which were dismissed upon the hospital's motion for dismissal for failure to state a claim for relief. Pursuant to Tenn. Code Ann. § 20-12-119(c), the hospital filed a motion seeking recovery of costs and attorneys' fees related to the dismissal of the two claims; the trial court granted the motion. Plaintiff appeals. We find no error in the award and, accordingly, affirm the judgment.

Attorney 1: 

C. Bennett Harrison, Jr., and John D. Kitch, Nashville, Tennessee, for the appellant, David H. McCord, M.D.

Attorney 2: 

C. J. Gideon, Jr., and Kaycee Weeter, Nashville, Tennessee, for the appellee, HCA Health Services of Tennessee, Inc. d/b/a Centennial Medical Center.

Judge: 
DINKINS

JOSEPH H. JOHNSTON v. TENNESSEE STATE ELECTION COMMISSION, ET AL.

This appeal requires us to consider whether the plaintiff can bring a declaratory judgment action against the Tennessee State Election Commission in chancery court. We have reviewed the relevant authorities and have determined the plaintiff is not entitled to a declaratory judgment under the Uniform Administrative Procedures Act or the Declaratory Judgment Act.

Attorney 1: 

Joseph H. Johnston, Nashville, Tennessee, Pro Se.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; Andrée Blumstein, Solicitor General; and Janet M. Kleinfelter, Deputy Attorney General; for the appellee, Tennessee State Election Commission.

Judge: 
BENNETT

IN RE DUSTIN L. ET AL.

This is a termination of parental rights case focusing on the six minor children of Tonya F. (“Mother”) and Joshua F. (“Father”). On February 9, 2015, the Tennessee Department of Children’s Services (“DCS”) filed a petition to terminate the parental rights of Mother and Father. DCS alleged as a basis for termination the statutory grounds of (1) failure to provide a suitable home, (2) substantial noncompliance with the permanency plans, and (3) persistence of the conditions leading to removal of the children.

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Attorney 1: 

Paul L. Sexton, Oak Ridge, Tennessee, for the appellant, Tonya F.

Darrell W. Sproles, Wartburg, Tennessee, for the appellant, Joshua F.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter, and Rachel E. Buckley, Assistant Attorney General, for the appellee, State of Tennessee Department of Children’s Services.

L. Rosillo Mulligan, Harriman, Tennessee, Guardian Ad Litem.

Judge: 
FRIERSON