TN Court of Appeals

LORI KAY JONES TRIGG v. RICHARD DARRELL TRIGG

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 Richard Darrell Trigg (AFormer Husband@) in the parties= post-dissolution proceedings. Having reviewed the petition for recusal appeal filed by Former Husband, and finding no error in Trial Court=s ruling, we affirm.

Attorney 1: 

Richard Darrell Trigg, Rogersville, Tennessee, appellant, pro se.

Attorney 2: 

Gregory W. Francisco, Kingsport, Tennessee, for the appellee, Lori Kay Jones Trigg.

Judge: 
SWINEY

WEST WARREN-VIOLA UTILITY DISTRICT v. JARRELL ENTERPRISES, INC.

Utility district brought action to condemn a parcel of real property which was located outside the district‟s boundaries in order to construct a water storage tank, associated piping, and an access road. The trial court denied the petition, and the district appeals.

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Attorney 1: 

Gregory L. Cashion, Kenneth S. Schrupp, Donald L. Scholes, Benjamin A. Gastel, Nashville Tennessee, Ben Newman, McMinnville, Tennessee, for the appellant, West Warren-Viola Utility District

Attorney 2: 

James C. Cope, Murfreesboro, Tennessee, for the appellee, Jarrell Enterprises, Inc.

Judge: 
DINKINS

DARREN DWAYNE BRACEY V. KIMBERLY ANN ROBERTS BRACEY

In this divorce action, Wife contends the trial court erred in the division of marital property and by declining to award her alimony. Wife also contends the trial court erred by permitting her counsel of record to withdraw, denying her recusal motion, and denying her requests for disability modifications. We affirm the trial court in all respects. We also find Wife‟s appeal frivolous and remand for the trial court to award Husband his reasonable and necessary fees and expenses incurred on appeal.

Attorney 1: 

Paula Ogle Blair, Nashville, Tennessee, for the appellant, Kimberly Ann Roberts Bracey.

Attorney 2: 

Edward Lee Hiland, Nashville, Tennessee, for the appellee, Darren Dwayne Bracey.

Judge: 
CLEMENT

LINDA BEARD V. JAMES WILLIAM BRANSON ET AL.

OPINION ON PETITION TO REHEAR

AMY WONG CHAN v. HENRY WAH CHAN

Amy Chan (Wife) and Henry Chan (Husband) were granted a divorce in 2005, and the division of their marital assets was reserved for a future hearing. Some ten years later, in 2015, the trial court entered an order decreeing a division as outlined in a proposal by Wife. Husband appeals, maintaining that the trial court had previously ruled from the bench that the assets would be divided based upon a proposal filed by him. We affirm.

Attorney 1: 

Peter D. Van de Vate, Knoxville, Tennessee, for the appellant, Henry Chan.

Attorney 2: 

Lance A. Evans, Maryville, Tennessee, for the appellee, Amy Chan.

Judge: 
SUSANO

VINCENTE ACOSTA V. KITY SONIA ACOSTA

This is a divorce case. On appeal, Vincente Acosta (Husband) argues that the trial court erred in reopening the proof shortly after the conclusion of a nonjury trial. The court did so for the purpose of receiving additional evidence on the subject of spousal support. Husband also argues that the trial court erred in ordering him to pay Kity Sonia Acosta (Wife) alimony in futuro of $1,500 per month. We hold that the trial court did not abuse its discretion in reopening the proof and thereafter awarding Wife spousal support in futuro.

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Attorney 1: 

Katherine H. Lentz, Chattanooga, Tennessee, for appellant, Vincente Acosta.

Attorney 2: 

Rachel Bonano, Knoxville, Tennessee, for appellee, Kity Sonia Acosta.

Judge: 
SUSANO

HEALTHCARE HORIZONS, INC., DBA HEALTHCARE HORIZONS CONSULTING GROUP, INC. v. JAMES GUY BROOKS

James Brooks began working for Healthcare Horizons, Inc. in October 2013. He was required to sign a confidentiality and non-solicitation agreement (CNSA). The CNSA provides that disputes regarding the agreement would be settled by binding arbitration; there were exceptions – claims requesting equitable or injunctive relief were to be resolved by litigation in Knoxville. In March 2014, Healthcare Horizons terminated Brooks. He subsequently accepted a position with a new firm founded by John Graham, the former president of Healthcare Horizons.

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Attorney 1: 

Samuel P. Funk and D. Gil Schuette, Nashville, Tennessee, for the appellant, James Guy Brooks.

Attorney 2: 

Michael W. Ewell, Knoxville, Tennessee, for the appellee, Healthcare Horizons, Inc., dba Healthcare Horizons Consulting Group, Inc.

Judge: 
SUSANO

KENNETH M. SPIRES ET AL. v. HALEY REECE SIMPSON ET AL.

The surviving spouse in this wrongful death action appeals the trial court‟s dismissal of him as a plaintiff. The decedent and surviving spouse had one child together, who was eighteen months old at the time of the decedent‟s fatal automobile accident in October 2010. The decedent and surviving spouse were living apart, and the child had been residing solely with the decedent.

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Attorney 1: 

Timothy A. Roberto and Ralph Brown, Knoxville, Tennessee, for the appellant, Kenneth M. Spires, o/b/o Charity Felicia Spires, deceased; Kenneth M. Spires, individually; and o/b/o Uriah T.S.[H.].

Attorney 2: 

John W. Cleveland, Sr., Sweetwater, Tennessee, for the appellee, Captain Dana Trent Hensley, Jr., M.D., f/b/o Uriah T.S.[H.].

Judge: 
FRIERSON

IN RE: IZZABELLA B.

This is an appeal from an order designating a primary residential parent, setting visitation and child support, and changing the child‟s last name to that of Father. The juvenile court found that naming Father as primary residential parent was in the child‟s best interest and determined that the child‟s last name should be changed. Mother appealed both the designation of primary residential parent and the changing of the child‟s last name. We affirm.

Attorney 1: 

William Harris Farmer, Nashville, Tennessee, and Patricia J. Cottrell, Nashville, Tennessee, for the appellant, Tia B.

Attorney 2: 

John Lyons Meadows, Lebanon, Tennessee, for the appellee, Robert A.

Judge: 
GIBSON

RODNEY BIBBS v. TENNESSEE BOARD OF PAROLE

Appellant is an inmate in the Tennessee prison system; he is serving a life sentence, with the possibility of parole, for first degree murder. Appellee, the Tennessee Board of Parole, declined to recommend the Appellant for parole, citing as its reason the seriousness of his offense. Appellant filed a common law writ of certiorari in the Davidson County Chancery Court challenging the Board‟s decision to deny him parole. The chancery court dismissed the petition. We affirm.

Attorney 1: 

Rodney Bernard Bibbs, Tiptonville, Tennessee, Appellant, pro se.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter, Andrée Sophia Blumstein, Solicitor General, and Madeline B. Brough, Assistant Attorney General, for the Appellee, Tennessee Board of Parole.

Judge: 
ARMSTRONG