TN Court of Appeals

IN RE SELENA L. ET AL.

This is a termination of parental rights case regarding the parental rights of the mother, Brandy L. (“Mother”) to her minor children, Selena L. and Isabella H., ages five and two respectively when the termination action was filed (collectively, “the Children”). Mother voluntarily placed Selena L. in the custody of a relative in 2009, shortly after the child’s birth. On April 13, 2012, the Hamilton County Juvenile Court (“juvenile court”) placed the Children into the custody of the maternal great-grandmother, Vickie R. (“Petitioner”), upon Petitioner’s filing an action for custody.

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Attorney 1: 

Rachel Fisher, Cohutta, Georgia, for the appellant, Brandy L.

Attorney 2: 

Hanna Stokes, Chattanooga, Tennessee, for the appellee, Vickie R.

MATTHEW JORDAN, SR. v. CITY OF MEMPHIS

At its scheduled meeting, the City of Memphis Pension Board denied by voice vote a Memphis police officer‟s request for benefits. At some point in time, which is unclear from the record, the Board approved minutes from its meeting, which reflected the denial of the police officer‟s request. The police officer filed a petition for writ of certiorari, seeking judicial review of the Board's decision. The police officer supported his petition with an oath but failed to include a recitation indicating that the petition was his first application for the writ.

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Attorney 1: 

John R. Johnson III, Memphis, Tennessee, for the appellant, Matthew Jordan, Sr.

Attorney 2: 

Andre B. Mathis, Memphis, Tennessee, for the appellee, City of Memphis.

Judge: 
MCBRAYER

IN RE JACQUELINE G. ET AL.

The mother and stepfather of two children filed a petition to terminate the parental rights of the children's father. Father was incarcerated when the petition was filed and had not visited or supported the children during the four months preceding his incarceration. Father was released in February 2015 after serving more than three years in prison on a theft of property charge and admitted at trial that the oldest child “might remember” him but that the youngest child would not.

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Attorney 1: 

S. Jason Whatley, Columbia, Tennessee, for the appellants, Nicole and Brian C.

Attorney 2: 

Thomas M. Hutto, Columbia, Tennessee, for the appellee, Randall G. Cara E. Lynn, Columbia, Tennessee, Guardian ad litem.

Judge: 
CLEMENT

IN RE DAYMIEN T.

The trial court terminated Father’s parental rights on grounds of substantial noncompliance with a permanency plan and persistent conditions. The trial court also found that termination was in the child’s best interest. Discerning no error, we affirm.

Attorney 1: 

Samuel E. White, Kingsport, Tennessee, for the appellant, Matthew T.

Attorney 2: 

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

Judge: 
STAFFORD

IN RE A.E.T.

DCS filed a petition to terminate the parental rights of T.E.W. (Father) to his child, A.E.T. (the Child), on two grounds. Following a bench trial, the court entered a termination order, finding, by clear and convincing evidence, that Father had been sentenced by a federal court to a term of imprisonment of more than ten years, at a time when the Child was not yet eight years of age. The court also found that termination was in the Child‘s best interest.

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Attorney 1: 

Peter Trenchi, Sewanee, Tennessee, for appellant, T.E.W.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter, and Rebekah A. Baker, Senior Counsel, Nashville, Tennessee, for the appellee, State of Tennessee.

Judge: 
SUSANO

IN RE S.D.D.

This case involves an effort to terminate parental rights. The Department of Children’s Services filed a petition to terminate the parental rights of E.D. (Mother) with respect to her child, S.D.D. (the Child). The trial court found clear and convincing evidence of four grounds supporting termination. The court also found, by the same quantum of proof, that termination is in the best interest of the Child. Mother appeals. We affirm.

Attorney 1: 

Bob C. Hooper, Brownsville, Tennessee, for the appellant, E.D.

Attorney 2: 

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

Judge: 
SUSANO

IN RE ESTATE OF ALYS HARRIS LIPSCOMB

Correction: On page 1, the party(ies) represented by attorney Olen M. Bailey changed from Scott Brinkmann Peatross and Thomas Huddleston to only Thomas Huddleston.

Appellants appeal from an order that was not final pursuant to Rule 58 of the Tennessee Rules of Civil Procedure. Accordingly, we dismiss this appeal for lack of subject matter jurisdiction.

Attorney 1: 

Robert L. J. Spence and E. Lee Whitwell , Memphis, Tennessee, for the appellant, Carnita F. Atwater.

Attorney 2: 

Olen M. Bailey, Memphis, Tennessee, for the appellee, Thomas Huddleston.

Judge: 
STAFFORD

GEORGE THOMAS KIRBY v. MABLE DEAN KIRBY

In this divorce action, the trial court fashioned a division of the parties‟ marital property without determining values for several items of personal property and amounts of certain debt and without reference to the statutory factors. The trial court also awarded the wife alimony in futuro in the amount of $1,500 per month and attorney‟s fees in the amount of $5,000. The husband has appealed.

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Attorney 1: 

Tarsila Crawford and James Widrig, Nashville, Tennessee, for the appellant, George Thomas Kirby.

Attorney 2: 

Michael K. Williamson and Tracy P. Knight, Clarksville, Tennessee, for the appellee, Mable Dean Kirby.

Judge: 
FRIERSON

THEODORE ELASTER, JR., ET AL. v. HAMILTON COUNTY DEPARTMENT OF EDUCATION, ET AL.

This appeal arises from an alleged assault of a student by a school employee. April Elaster (“Mother”) filed a lawsuit against the Hamilton County Department of Education, Dean of Students Edward Rowe (“Rowe”), and part-time school administrator Carol Thomas (“Thomas”) (collectively, “Defendants”) in the Circuit Court for Hamilton County (“the Trial Court”) on behalf of her minor son, Theodore Elaster, Jr. (“the Child”). Mother alleged that Rowe assaulted the Child, and her various counts arose from that alleged assault.

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Attorney 1: 

April Elaster, pro se appellant.

Attorney 2: 

D. Scott Bennett and Mary C. DeCamp, Chattanooga, Tennessee, for the appellees, Hamilton County Department of Education, Edward Rowe, and Carol Thomas.

Judge: 
SWINEY

WILMA J. WHITE v. JAMES DALE WHITE, JR.

This is an appeal of an order denying Husband’s motion to alter or amend the trial court’s judgment modifying Husband’s alimony obligation. Husband argues that he was not provided adequate notice that a hearing held on July 6, 2015 was the final hearing in the matter and was therefore deprived of due process. We affirm.

Attorney 1: 
John Melton Meadows, III, Livingston, Tennessee, for the appellant, James Dale White, Jr.
Attorney 2: 
Charlene Robin Vance, Watertown, Tennessee, for the appellee, Wilma J. White.
Judge: 
GIBSON