TN Court of Appeals

COMMERCE UNION BANK, BRENTWOOD, TENNESSEE D/B/A RELIANT BANK V. KELLY D. BUSH ET AL.

This is a post-foreclosure action in which the lender seeks to recover a deficiency judgment, interest, and the costs of collection. In their answer, the borrowers asserted that the loan was a nonrecourse debt; thus, they were not liable for the deficiency. Alternatively, they asserted that the property sold at foreclosure for an amount materially less than its fair market value. Following a bench trial, the trial court concluded that the loan was a full recourse debt as to both borrowers.

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Attorney 1: 

Byron V. Bush, Brentwood, Tennessee, Pro se.

Attorney 2: 

M. Todd Sandahl, Franklin, Tennessee, for the appellant Kelly D. Bush.

Judge: 
CLEMENT

TONYA HALLEEN BLACKWELL v. CHRISTOPHER S. BLACKWELL

In this post-divorce action, the mother sought modification of the father’s child support obligation due to a material change of circumstances. The trial court increased the father’s child support obligation but declined to order such modification effective as of the date the mother filed her petition to modify. The mother has appealed.

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Attorney 1: 

Christopher J. Pittman, Clarksville, Tennessee, for the appellant, Tonya Halleen Blackwell.

Attorney 2: 

Steven C. Girsky, Clarksville, Tennessee, for the appellee, Christopher S. Blackwell.

Judge: 
FRIERSON

IN RE ADDISON E., ET AL.

This appeal involves the termination of a mother’s parental rights to two minor children. Following a bench trial, the trial court found that clear and convincing evidence existed to support the termination of her rights on the statutory ground of severe child abuse. The court further found that termination was in the best interest of the children. The mother appeals. We affirm.

Attorney 1: 

Anne Greer, Knoxville, Tennessee, for the appellant, Crystal P.

Attorney 2: 

Jennifer S. Bjornstad, Knoxville, Tennessee, for the appellee, Charlotte R. T.

Judge: 
MCCLARTY

TERRY K. KING, ET AL. v. STEPHEN S. KELLY

Plaintiffs appeal from the trial court’s order denying their motion to enforce two offers of judgment offered serially by the defendant. Because the trial court improperly certified its judgment as final pursuant to Rule 54.02 of the Tennessee Rules of Civil Procedure, we dismiss this appeal for lack of subject matter jurisdiction.

Attorney 1: 

H. Anthony Duncan, Nashville, Tennessee, for the appellants, Terry K. King, and Roger A. King.

Attorney 2: 

C. Benton Patton and Christopher M. Jones, Nashville, Tennessee, for the appellee, Stephen S. Kelly.

Judge: 
STAFFORD

VANESSA YOUNG COLLEY v. JOHN S. COLLEY, III

In this post-divorce action, Vanessa Young Colley (“Mother”) filed a petition for modification of the Permanent Parenting Plan (“Parenting Plan”) entered in connection with the parties’ Marital Dissolution Agreement (“MDA”) seeking to change the decision-making authority with regard to educational decisions for the parties’ minor children. After a hearing, the Circuit Court for Davisdon County (“the Trial Court”), inter alia, modified the Parenting Plan to change joint decision-making with regard to education to Mother having sole decision-making authority with regard to education. John S.

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Attorney 1: 

John S. Colley, III, Columbia, Tennessee, pro se appellant.

Attorney 2: 

Michael K. Parsley, Nashville, Tennessee, for the appellee, Vanessa Young Colley.

Judge: 
SWINEY

IN RE ESTATE OF TANDY NATHAN DALTON

In this probate action, the executrix proposed to distribute the decedent’s real and personal property in a manner that she claimed was in accordance with the decedent’s Last Will and Testament (“Will”). One beneficiary, one of the decedent’s three adult children, objected, claiming that the decedent had granted her an option to purchase one parcel of real property owned by the decedent. The trial court determined that the real property in question was an asset of the probate estate and that the executrix could administer it in accordance with the decedent’s Will.

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Attorney 1: 

Gerald L. Gulley, Jr., Knoxville, Tennessee, for the appellant, Linda Gass.

Attorney 2: 

Bruce Hill, Sevierville, Tennessee, for the appellee, Barbara Carmichael, Administrator of the Estate of Tandy Nathan Dalton.

Judge: 
FRIERSON

CHARLOTTE PICKEL WILSON v. JEREMIAH PICKEL

This case involves a purportedly forged deed. Appellant appeals the trial court’s decision to set aside a quit claim deed that was allegedly executed in favor of Appellant by his now deceased grandfather. The trial court found the signature on the deed was forged and not that of the grandfather. In so ruling, the trial court applied the preponderance of evidence standard. Because the correct standard is clear and convincing evidence, we vacate and remand to the trial court for further proceedings.

Attorney 1: 

Debra L. House, Knoxville, Tennessee, for the appellant, Jeremiah Pickel.

Attorney 2: 

Ray H. Jenkins, Knoxville, Tennessee, for the appellee, Charlotte Pickel Wilson.

Judge: 
ARMSTRONG

JOHN RICHARDSON, ET AL. v. TRENTON SPECIAL SCHOOL DISTRICT

This is a negligence case involving the alleged sexual assault of a six-year-old boy by another six-year-old boy in the bathroom of an elementary school. The trial court determined that the Appellee school district was entitled to summary judgment as a matter of law because the assault was not foreseeable. We conclude that there are disputes of material fact, which preclude the grant of summary judgment. Accordingly, we reverse and remand.

Attorney 1: 

W. Lewis Jenkins, Jr. and Dean P. Dedmon, Dyersburg, Tennessee, for the appellants, J.R. and P.R.

Attorney 2: 

Jennifer C. Craig, Jackson, Tennessee, for the appellee, Trenton Special School District.

Judge: 
ARMSTRONG

PAUL M. MARTIN v. PERMA-CHINK SYSTEMS, INC.

This appeal arises from an age discrimination lawsuit brought under the Tennessee Human Rights Act (“THRA”). Paul M. Martin (“Martin”) sued his former employer Perma-Chink Systems, Inc. (“Perma-Chink”) in the Circuit Court for Knox County (“the Trial Court”). Martin alleged that he had been fired as a sales representative for Perma- Chink because of his age, then 60. The matter was tried before a jury, which returned a verdict in favor of Martin. Perma-Chink filed an appeal to this Court, and Martin raises his own issues on appeal.

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Attorney 1: 

Robert R. Carl and Ashley Meredith Lowe, Knoxville, Tennessee, for the appellant, Perma-Chink Systems, Inc.

Attorney 2: 

Richard T. Scrugham, Jr., Knoxville, Tennessee, for the appellee, Paul M. Martin.

Judge: 
SWINEY

LARRY WILLIAMS v. CITY OF JAMESTOWN, TENNESSEE

This appeal involves a visitor to a county courthouse who slipped and fell on ice in the parking area. Because the portion of the parking area where the visitor fell was owned by the city, the visitor filed suit against the city under the Tennessee Governmental Tort Liability Act. Following a bench trial, the trial court dismissed the suit, finding that the city did not breach a duty of care to the visitor. The trial court also found that, even if there had been a breach of duty, the visitor was more than fifty percent at fault for his injuries.

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Attorney 1: 

Kenneth S. Williams and James D. Madewell, Cookeville, Tennessee, for the appellant, Larry Williams.

Attorney 2: 
Daniel Hurley Rader IV, Cookeville, Tennessee, for the appellee, City of Jamestown.
Judge: 
MCBRAYER