TN Court of Appeals

MUKTA PANDA v. NILADRI PANDA

This post-divorce appeal concerns the wife’s request for attorney fees based upon the husband’s failure to comply with the requirements of the marital dissolution agreement. The trial court denied the request, finding that attorney fees were not warranted when the husband had not acted in contempt of the court’s orders. The wife appeals the court’s denial of attorney fees and also requests attorney fees on appeal. We reverse and also award attorney fees on appeal pursuant to the marital dissolution agreement.

Attorney 1: 

Charles Paty (argued before the Court), Chattanooga, Tennessee, for the appellant, Mukta Panda.

Attorney 2: 

Selma Cash Paty (submitted brief), Chattanooga, Tennessee, for the appellant, Mukta Panda.

Carol Ann Barron, Dayton, Tennessee, for the appellee, Niladri Panda.

Judge: 
MCCLARTY

SANDRA CLARK ET AL. v. CHRISTOPHER POWERS

This interlocutory appeal presents an issue regarding whether a cause of action related to an automobile accident was barred by the running of the statute of limitations as a result of a lack of compliance with the service of process requirements of Tennessee Rule of Civil Procedure 3 upon the defendant tortfeasor. The plaintiffs assert that their counsel had entered into an agreement with the defendant’s liability insurer, acting on behalf of the defendant, to forbear service of process until settlement negotiations ended and litigation ensued.

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Attorney 1: 

J. Christopher Rose, Nashville, Tennessee, for the appellant, Christopher Powers.

Attorney 2: 

Todd Covert, Knoxville, Tennessee, for the appellant, Allstate Insurance Company.

Jerrold J. White, Chattanooga, Tennessee, for the appellees, Sandra Clark and Sandy Clark.

Judge: 
FRIERSON

MORRISTOWN HEART CONSULTANTS, LLC, et al. v. PRAGNESH PATEL, M.D.

The appellants, Morristown Heart Consultants, LLC and Sunil Ramaprasad, M.D. (“Plaintiffs”), appeal from an order of the Trial Court which granted the declaratory judgment portion of the counterclaim filed by the appellee, Pragnesh Patel, M.D. (“Defendant”), in the proceedings below. The order does not resolve the declaratory judgment claims raised by Plaintiffs in their initial petition, nor does the order resolve the remaining claims for damages raised by Defendant in his counterclaim.

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Attorney 1: 

Troy L. Bowlin, II, Morristown, Tennessee, for the appellants.

Attorney 2: 

Matthew B. Evans, Morristown, Tennessee, for the appellee.

Judge: 
MCCLARTY

IN RE JAIDEN C.

This is a termination of parental rights and adoption case. Appellant, the minor child’s paternal grandmother, appeals the trial court’s denial of her petition to terminate Appellee/Mother’s parental rights on grounds of abandonment by willful failure to visit and persistence of the conditions that led to the child’s removal from Appellee’s home.

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Attorney 1: 

Lisa A. White, Knoxville, Tennessee, for the appellant, Connie M.

Attorney 2: 

Jennifer H., Maynardville, Tennessee, Pro Se.

Judge: 
ARMSTRONG

KATHRYN LYNN JONES v. GARY EDWARD JONES

The parties to this appeal are a former Husband and Wife who each challenge the classification and division of certain assets upon their divorce. Additionally, Husband challenges the finding that $2,000 owed to the parties‘ son is a separate rather than a marital debt, and Wife challenges the failure to award her one-half of funds Husband withdrew from marital accounts during the pendency of the divorce. We modify the judgment to reflect that the $2,000 payment is a marital debt and affirm the order that Husband be responsible for it; in all other respects, the judgment is affirmed.

Attorney 1: 

Gerald L. Ewell, Jr., Tullahoma, Tennessee, for the appellant, Gary Edward Jones.

Attorney 2: 

Christina Henley Duncan, Manchester, Tennessee, for the appellee, Kathryn Lynn Jones.

Judge: 
DINKINS

IN RE GABRIELLA M.

This appeal involves the termination of a mother's parental rights to her minor child. Following a bench trial, the trial court found that clear and convincing evidence existed to support the termination of her rights on the statutory grounds of abandonment for failure to visit; substantial noncompliance with the requirements of the permanency plan; and the persistence of conditions which led to removal. The court further found that termination was in the best interest of the child. The mother appeals. We affirm.

Attorney 1: 

Gerald T. Eidson, Surgoinsville, Tennessee, for the appellant, Tiffany M.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter, and M. Cameron Hines, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee, Department of Children's Services.

Judge: 
MCCLARTY

KATHERINE C. DUBIS v. YOLANDA E. LOYD, ET AL.

After the death of the original plaintiff while this case was pending, a timely motion for substitution was filed to substitute the original plaintiff's parents as the real party in interest pursuant to Rule 25.01 of the Tennessee Rules of Civil Procedure. The motion indicated that the original plaintiff's parents were her only heirs and that no estate was to be opened for the original plaintiff in her home state of Missouri.

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Attorney 1: 

A. Wilson Wages, Millington, Tennessee, for the appellant, Katherine C. Dubis.

Attorney 2: 

Garrett M. Estep, Memphis, Tennessee, for the appellee, Yolanda E. Loyd.

Judge: 
STAFFORD

EMILY WADE TURNER v. JOHN B. TURNER, JR.

Mother filed a petition to enroll and enforce a Mississippi divorce decree in Tennessee requesting the trial court to order Father to continue paying one-half of the parties' child's private school tuition and costs. Father opposed Mother's request and instead argued that the parties' property settlement agreement did not mandate private schooling, that it was reasonable for him to withhold consent to private schooling, and that, in the alternative, the costs associated with private schooling should be apportioned based on the parties' incomes.

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Attorney 1: 

John B. Turner, Jr., Memphis, Tennessee, Pro Se.

Attorney 2: 

Kathy Baker Tennison, Memphis, Tennessee, for the appellee, Emily Wade Turner.

Judge: 
STAFFORD

IN RE RYLEE R., ET AL.

This is a termination of parental rights case. Mother/Appellant appeals the termination of her parental rights to two minor children on the statutory grounds of: (1) persistence of the conditions that led to the removal of the children from Appellant’s home; and (2) substantial noncompliance with the requirements set out in the permanency plan. Appellant also appeals the trial court’s determination that termination of her parental rights is in the best interests of the children, and she raises several issues concerning the admission of evidence.

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Attorney 1: 

Wilton A. Marble, Jr., Cleveland, Tennessee, for the appellant, Laura F.

Attorney 2: 

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

Judge: 
ARMSTRONG

JAMI LOGIAN A/K/A JAMI LOGIAN GOBEA v. LEE R. MORISY MD, ET AL.

This is a jury case arising from Appellant's healthcare liability claim against Appellee doctors. The jury returned a verdict in favor of the doctors. Appellant asserts that the trial court erred in allowing a pictograph to be passed to the jury and admitted into evidence. Appellant also asserts that the trial court should have charged the jury with a special instruction on damages. Discerning no error, we affirm.

Attorney 1: 

Louis P. Chiozza, Christopher W. Lewis, Memphis, Tennessee, and Steven R. Walker, Oakland, Tennessee for the appellant, Jami Logian.

Attorney 2: 

Katherine M. Anderson, Karen S. Koplon, and Hugh Francis, Memphis, Tennessee, for the appellee, Lee R. Morisy, M.D.

Jerry E. Mitchell, and Christopher B. Sullivan, Memphis, Tennessee, for the appellees Diane Jalfon, and Gastrointestinal Specialists, P. C.

Judge: 
ARMSTRONG