TN Court of Appeals

IN RE D.R.S.

This is a termination of parental rights case. The Department of Children’s Services filed a petition to terminate the parental rights of J.R.S. (Mother) and J.R.S. (Father) with respect to their child, D.R.S. (the Child). The trial court found clear and convincing evidence of four grounds supporting termination of the rights of each parent. The court also found, by the same standard of evidence, that termination is in the best interest of the Child. Mother and Father appeal. We affirm as modified.

Attorney 1: 

Brian Z. Schott, Maryville, Tennessee, for the appellant, J.R.S. (Mother).

Ian P. McCabe, Knoxville, Tennessee, for the appellant, J.R.S. (Father).

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter, and Alexander S. Rieger, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Children’s Services.

Judge: 
SUSANO

TADD TIMOTHY BROWN v. DAWN VERONICA BROWN

This appeal arises from a finding of criminal contempt in a child support matter. Dawn Veronica Brown (“Mother”) filed a petition for contempt against her ex-husband Tadd Timothy Brown (“Father”) in the Chancery Court for Williamson County (“the Trial Court”). In her petition, Mother alleged numerous violations by Father of the parenting plan and marital dissolution agreement, including that Father had failed to pay child support toward their minor child (“the Child”). After a trial, the Trial Court found Father guilty on twelve counts of criminal contempt. Father appeals.

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Attorney 1: 

Judy A. Oxford, Franklin, Tennessee, for the appellant, Tadd Timothy Brown.

Attorney 2: 
Angela R. Hoover, Franklin, Tennessee, for the appellee, Dawn Veronica Brown.
Judge: 
SWINEY

SUNTRUST BANK v. ANGELA CHRISTINA BEST a/k/a CHRISTINA BEST

Angela Christina Best (“Best”) appeals the decision of the Circuit Court for Knox County (“the Trial Court”) granting summary judgment to SunTrust Bank (“SunTrust”) and awarding SunTrust a judgment against Best in the amount of $379.60 plus post-judgment interest and attorney fees.

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Attorney 1: 

Hugh B. Ward, Jr. and Mindy L. Nower, Knoxville, Tennessee, for the appellant, Angela Christina Best.

Attorney 2: 

John R. Cheadle, Jr. and Mary Barnard Cheadle, Nashville, Tennessee, for the appellee, SunTrust Bank.

Judge: 
SWINEY

IN RE LILLIAN D.

This is a termination of parental rights case involving a two-year-old child, Lillian D. ("the Child"). On October 7, 2013, the Knox County Juvenile 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 she has remained since that date. DCS subsequently filed a petition to terminate the parental rights of the Child’s biological mother, Penelope D. ("Mother"), in the Knox County Juvenile Court on January 26, 2015.

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Attorney 1: 

Mary L. Ward, Knoxville, Tennessee, for the appellant, Penelope D.

Attorney 2: 

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

Judge: 
FRIERSON

DEBORAH LACY v. HCA TRISTAR HENDERSONVILLE HOSPITAL, ET AL.

This appeal arises from an involuntary dismissal after the close of plaintiff’s proof under Rule 41.02(2) of the Tennessee Rules of Civil Procedure. The pro se plaintiff submitted a statement of the evidence, and the defendants objected, requesting that the statement of the evidence be excluded from the record. The trial court sustained the objection and excluded the statement of the evidence from the record. We vacate the order of dismissal and remand for the trial court to make findings of fact.

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Attorney 1: 

Deborah Lacy, Madison, Tennessee, appellant, pro se.

Attorney 2: 

Robert E. Boston and Paul Maxwell Smith III, Nashville, Tennessee, for the appellees, Denise Dallenbach, James Smallwood, Darlene Malone, Beverly Simpson, Duane Edson Harrison, Kim Wilburn, and Hendersonville Hospital Corporation.

Judge: 
MCBRAYER

ARRON WESLEY FRAZIER v. LEE ANNE FRAZIER

This is an interlocutory appeal as of right, pursuant to Rule 10B of the Rules of the Supreme Court of Tennessee, from the denial of a motion for recusal filed by Lee Anne Frazier (Wife) in the parties' divorce proceedings. Having reviewed the petition for recusal appeal filed by Wife, as well as the answer in opposition filed by Arron Wesley Frazier (Husband), we conclude that the Trial Court should have granted the motion because the unique circumstances of this case create an appearance of bias on the part of the Trial Court Judge that required his recusal.

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Attorney 1: 

Mark Randall Sellers, Cleveland, Tennessee, for the appellant, Lee Anne Frazier.

Attorney 2: 

Howard L. Upchurch, Pikeville, Tennessee, for the appellee, Arron Wesley Frazier.

Judge: 
SUSANO

CINDY HATFIELD, ET AL. v. ALLENBROOKE NURSING AND REHABILITATION CENTER, LLC, ET AL.

This is an interlocutory appeal as of right from the trial court’s denial of a motion for recusal. Having reviewed the petition for recusal appeal de novo as required by Tennessee Supreme Court Rule 10B, § 2.06, we affirm the denial of the motion.

Attorney 1: 

Craig C. Conley and Michael T. Goodin, Memphis, Tennessee, for the appellant(s), Norbert Bennett, D & N, LLC, Donald Denz, and DTD HC, LLC.

Attorney 2: 

Carey Lynn Acerra, Deena K. Arnold, and Cameron C. Jehl, Memphis Tennessee, for the appellee, Cindy Hatfield.

Judge: 
DINKINS

TASHA DAYHOFF v. JOSHUA D. CATHEY

This is the second appeal in this custody dispute between unmarried parents. After establishing parentage of the minor children, the juvenile court entered a permanent parenting plan without hearing sworn testimony. On appeal, this Court vacated the parenting plan and remanded for an evidentiary hearing. Before the hearing on remand, the mother relocated from West Tennessee to Middle Tennessee with the children. The trial court conducted an evidentiary hearing and determined that the parental relocation statute applied to the court’s decision.

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Attorney 1: 

Michael A. Carter, Milan, Tennessee, for the appellant, Tasha Dayhoff.

Attorney 2: 

Harold E. Dorsey, Alamo, Tennessee, for the appellee, Joshua D. Cathey.

Judge: 
GIBSON

IN RE: DEVIN B.

This is an appeal of an order dismissing Father's petition to enroll judgment in Tennessee and motion to modify a parenting plan due to a lack of subject matter jurisdiction. The juvenile court found that Tennessee was not the Child's home state, pursuant to the Uniform Child Custody Enforcement Act, on the day of the proceeding or within the six months prior to Father's filing his petition. We affirm.

Attorney 1: 

Terrell Lee Tooten, Memphis, Tennessee, for the appellant, Tracey B.

Attorney 2: 

Laurie Winstead Hall, Memphis, Tennessee, for the appellee, Chelsea L.

Autumn Blaise Chastain, Memphis, Tennessee, Guardian ad Litem.

Judge: 
GIBSON

MARK A. SHEMPERT, ET AL. v. KIM WRIGHT COX, PERSONAL REPRESENTATIVE AD LITEM FOR THE ESTATE OF ROBERT DAVIS

This is an appeal of an order granting the unnamed defendant's motion for summary judgment. After being involved in an accident with an uninsured motorist, the plaintiff brought suit against his uninsured motor vehicle insurance carrier seeking coverage under the policy. The insurance carrier moved for summary judgment, arguing that the plaintiff was operating a vehicle not insured under the policy but available for his regular use, and therefore, was not covered under the policy. We affirm.

Attorney 1: 

Robert A. Cox and Ronna D. Kinsella, Memphis, Tennessee, for the appellants, Mark A. Shempert and Deborah A. Shempert.

Attorney 2: 

Bradford Box and Jonathan David Stewart, Jackson, Tennessee, for the appellee, Farmers Insurance Exchange.

Judge: 
GIBSON