TN Court of Appeals

IN RE: QUADAVON H., ET AL.1

Mother appeals the termination of her parental rights to two children, asserting that the evidence does not sustain the grounds of abandonment by failure to support and persistence of conditions as found by the court and does not support the finding that termination of Mother’s rights was in the children’s best interest. Upon our review, the record clearly and convincingly supports the grounds found by the court, as well as the finding that termination of Mother’s rights is in the children’s best interest; consequently, we affirm the judgment.

Attorney 1: 

Heather G. Inman, Knoxville, Tennessee, for the appellant, Vanessa L. N.

Attorney 2: 

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

Judge: 
DINKINS

IN RE ANICIA B.

The trial court terminated Mother’s parental rights based on the grounds of abandonment by failure to visit, abandonment by failure to provide a suitable home, substantial noncompliance with the permanency plan, and persistent conditions and based on the trial court’s finding that it was in the child’s best interest to terminate Mother’s parental rights. Mother appealed. We affirm.

Attorney 1: 

Jared A. Williams, Kingsport, Tennessee, for the appellant, Annalin R.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter, and Rebekah A. Baker, Senior Counsel, for the appellee, Tennessee Department of Children’s Services. Claire A. Addlestone, Kingsport, Tennessee, guardian ad litem for the minor, Anicia B.

Judge: 
BENNETT

AMANDA GILREATH, ET AL. v. CHATTANOOGA-HAMILTON COUNTY HOSPITAL AUTHORITY, ET AL.

This is a medical malpractice action1 in which the plaintiffs filed suit against the defendant hospital. The defendant hospital requested summary judgment. The trial court granted summary judgment and dismissed the action. We affirm.

Attorney 1: 

Jimmy W. Bilbo and Brent McIntosh, Cleveland, Tennessee, for the appellants, Amanda Gilreath and Jason Gilreath.

Attorney 2: 

Arthur P. Brock and Drew H. Reynolds, Chattanooga, Tennessee, for the appellee, Chattanooga-Hamilton County Hospital Authority, individually and d/b/a Erlanger Health System.

Judge: 
MCCLARTY

KEITH C. CELEBREZZE v. ROBIN RUBEN FLORES, et al.

The final judgment from which the pro se appellant seeks to appeal was entered on March 22, 2016. The Notice of Appeal received by the Clerk and Master on April 19, 2016, was submitted via facsimile transmission. The appellant subsequently filed a second Notice of Appeal on May 31, 2016, more than thirty (30) days after entry of the March 22, 2016 judgment. Because the second Notice of Appeal was not timely filed, and the first Notice of Appeal submitted by facsimile transmission was insufficient to invoke the jurisdiction of this Court, we have no jurisdiction to consider this appeal.

Attorney 1: 

Keith Celebrezze, Murphy, North Carolina, appellant, pro se.

Attorney 2: 

John P. Konvalinka, Chattanooga, Tennessee, for the appellee, Robin Ruben Flores.

Judge: 
SWINEY

IN RE BAILEY W., ET AL.

This case involves termination of the parental rights of a mother to her four children. After investigating a report of drug exposure, the Tennessee Department of Children's Services (“DCS”) obtained emergency temporary custody of the children. Ten months after the children were removed from the mother's home, DCS filed a petition to terminate the mother‟s parental rights on the grounds of abandonment by willful failure to support and failure to establish a suitable home, substantial noncompliance with the permanency plan, and persistence of conditions.

read more »
Attorney 1: 

Melanie Stepp Lane, Jamestown, Tennessee, for the appellant, Karissa W.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter, and Laura E. Miller, Assistant Attorney General, for the appellee, Tennessee Department of Children‟s Services.

Leslie Clark Ledbetter, Clarkrange, Tennessee, Guardian ad Litem.

Judge: 
MCBRAYER

AUSTIN DAVIS, ET AL. v. COVENANT PRESBYTERIAN CHURCH OF NASHVILLE, ET AL.

Following the trial court's dismissal of their complaint, the plaintiffs filed a motion for relief from judgment pursuant to Rule 60.02 of the Tennessee Rules of Civil Procedure (“Rule 60.02”). The trial court found no basis for setting aside the judgment under Rule 60.02 and denied the motion. The plaintiffs appealed. We affirm.

Attorney 1: 

Austin Davis, Catherine Davis, Daisy Davis, and D.D., a minor, Nashville, Tennessee, Pro se.1

Attorney 2: 

Thomas M. Donnell, Autumn L. Gentry, Kelly M. Telfeyan, and Dickinson Wright, Nashville, Tennessee, for the appellees, Covenant Presbyterian Church of Nashville, Jim Bachmann, John Avery, Worrick Robinson, and Joe Eades.

E. Michael Brezina, III, Wayne A. Kline, and Lyndsey L. Lee, Knoxville, Tennessee, for the appellee, Presbyterian Church in America.

Judge: 
GOLDIN

HCA HEALTH SERVICES OF TENNESSEE, INC., ET AL. v. BLUECROSS BLUESHIELD OF TENNESSEE, INC.

Interlocutory appeal in suit brought by healthcare corporations to recover costs for emergency medical services rendered to patients participating in Defendant‘s insurance plans.

read more »
Attorney 1: 

Richard C. Rose, Robert F. Parsley, James T. Williams, Chattanooga, Tennessee, for the appellant, BlueCross BlueShield of Tennessee, Inc.

Attorney 2: 

David A. King and Kinika L. Young, Nashville, Tennessee, for the appellees, HCA Health Services of Tennessee, Inc., Hendersonville Hospital Corporation, Central Tennessee Hospital Corporation, and HTI Memorial Hospital Corporation.

Judge: 
DINKINS

VICTORIA HAYNES V. BENTON NED BASS, ET AL.

Ex-wife sued ex-husband, mortgage company, title company, and attorney alleging causes of action for fraud, negligent misrepresentation, promissory estoppel, breach of contract, negligence, and civil conspiracy. Pursuant to the terms of a postnuptial agreement, a residence purchased in Collierville, Tennessee was to be ex-wife's separate property. Ex-wife alleged that ex-husband failed to deed the property to her as agreed in the postnuptial agreement.

read more »
Attorney 1: 

Daniel Frederick Burette Peel, Memphis, Tennessee, for the appellant, Victoria Haynes.

Attorney 2: 

Kevin D. Bernstein, Memphis, Tennessee, for appellee Benton Ned Bass.

Garry Kevin Grooms, Nashville, Tennessee, for appellee SunTrust Mortgage, Inc.

Melanie M. Stewart and John J. Bennett, Memphis, Tennessee, for appellees Michael Acree and Realty Title & Escrow Co., Inc.

Judge: 
BENNETT

JOYCE BRADLEY WATTS V. COLIN WADE WATTS

At issue is whether a trial court may award attorney’s fees that relate to a petition for criminal contempt when the contempt arises in the context of a child support proceeding. Mother filed a post-divorce petition asserting that Father was in criminal contempt for failing to satisfy his support obligations along with a petition seeking a judgment for child support arrearages and attorney’s fees. After an evidentiary hearing, the trial court found Father guilty of one count of criminal contempt and found that Mother was entitled to a judgment for the unpaid child support.

read more »
Attorney 1: 

Jeffrey L. Levy, Nashville, Tennessee, for the appellant, Colin Wade Watts.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Andree S. Blumstein, Solicitor General; and Kathryn A. Baker, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee.

Judge: 
CLEMENT

RONNIE GORDON V. TRACTOR SUPPLY COMPANY

Plaintiff appeals the summary dismissal of his claims for malicious prosecution, false imprisonment, and negligent supervision. Plaintiff was arrested and subsequently indicted for two criminal offenses based on statements given to police by two of Defendant's employees at the Tractor Supply Company store in Lenoir City, Tennessee. When the criminal case went to trial, one of the charges was dismissed on the day of trial, and the jury found the defendant not guilty of the other charge. Thereafter, Plaintiff commenced this action asserting several claims.

read more »
Attorney 1: 

Cyrus L. Booker, Brentwood, Tennessee, and Quenton I. White, Nashville, Tennessee for the appellant, Ronnie Gordon.

Attorney 2: 

Mark A. Baugh, Caldwell G. Collins, and Michael T. Schmitt, Nashville, Tennessee, for the appellee, Tractor Supply Company.

Judge: 
CLEMENT