TN Court of Appeals

JOHNATHAN LEE MCDONOUGH v. SLOAN MARIE MCDONOUGH

Johnathan Lee McDonough (“Father”) appeals the order of the Circuit Court for Montgomery County (“the Trial Court”) denying Father's post-divorce petition to relocate to Arizona with the parties' three minor children (“the Children”), and granting Sloan Marie McDonough (“Mother”) primary residential custody of the Children. Father raises an issue with regard to whether the Trial Court erred in finding that Mother‟s counter-petition was filed timely, and because of this alleged error, erred in not allowing Father to relocate with the Children pursuant to Tenn. Code Ann. § 36-6-108.

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Attorney 1: 

Donald Capparella and Elizabeth Sitgreaves, Nashville, Tennessee, for the appellant, Johnathan Lee McDonough.

Attorney 2: 

Michael K. Williamson and Tracy P. Knight, Clarksville, Tennessee, for the appellee, Sloan Marie McDonough (now Langelier).

Judge: 
SWINEY

JOHN A. BRUBAKER v. H. T. BECKHAM

A dispute arose between the purchaser of real property and a prior owner over certain personalty, including equipment and motor vehicles, left on the real property. After the prior owner removed one item of personalty and dumped tree waste on the real property, the purchaser filed suit against the prior owner seeking, among other things, injunctive relief. Following a hearing, the trial court granted the requested injunctive relief and concluded that the personalty that remained on the real property was owned by the purchaser.

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Attorney 1: 

Jerry E. Farmer, Murfreesboro, Tennessee, for the appellant, H. T. Beckham.

Attorney 2: 

Irene R. Haude, Nashville, Tennessee, for the appellee, John A. Brubaker.

Judge: 
MCBRAYER

ROY LEONARD SEWELL v. DIANE HOLLAND SEWELL

In this post-divorce parenting and child support action, the father filed petitions in January 2013 to register and modify the parties' 1997 Georgia divorce decree in the Hamilton County Circuit Court (“trial court”). In the divorce decree, the Georgia court had, inter alia, designated the mother as the primary residential parent of the parties' infant son and directed the father to pay weekly child support. The trial court subsequently entered an agreed order registering the Georgia decree.

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Attorney 1: 

Melissa Thomas Blevins, Jasper, Tennessee, for the appellant, Roy Leonard Sewell.

Attorney 2: 

Diane Holland Sewell, Chattanooga, Tennessee, Pro Se.

Judge: 
FRIERSON

JULIA H. “ROBIN” MEYERS, ET AL. v. FIRST TENNESSEE BANK, N.A.

This is a Tenn. R. App. P. 9 appeal by First Tennessee Bank, N.A. (the Trustee) from the trial court‟s order denying the Trustee‟s motion for summary judgment. The beneficiaries of the Ray Haney TUW1 Residual Trust (the Trust) filed suit against the Trustee for breach of trust. The Trustee asserts that the suit is time-barred; it relies upon Tenn. Code Ann. § 35-15-1005 (2007).2 The trial court denied the Trustee‟s motion, holding that there are genuine issues of material fact with respect to whether the suit was timely filed.

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Attorney 1: 

Melinda Meador, Knoxville, Tennessee, for the appellant, First Tennessee Bank National Association.

Attorney 2: 

Jeffrey A. Cobble, Greeneville, Tennessee, for the appellees, Julia H. “Robin” Meyers, Laura E. Meyers, and Emily M. Stevens.

Judge: 
SUSANO

RAFIA NAFEES KHAN v. REGIONS BANK, ET AL.

The trial court granted the defendants' motion to dismiss on the basis of prior suit pending and dismissed the plaintiff's lawsuit. Discerning no error, we affirm.

Attorney 1: 

Dan D. Rhea, Knoxville, Tennessee, for the appellant, Rafia Nafees Khan.

Attorney 2: 

Michael S. Kelly, Knoxville, Tennessee, for the appellees, Regions Bank, and Companion Property and Casualty Insurance Company.

Judge: 
STAFFORD

CRESCENT SOCK COMPANY V. ROBERT H. YOE, III, ET AL.

Crescent Sock Company filed this action against its Chief Executive Officer, Robert H. Yoe, III, the day before Crescent terminated his employment. It sought a declaratory judgment that Yoe’s employment contract and an agreement between Crescent and Yoe Enterprises, Inc., a company wholly owned by Yoe, were invalid and unenforceable. After a seven-day bench trial, the court found the two agreements to be valid. It enforced them and found in favor of Yoe and Yoe Enterprises on some of the causes of action in their counterclaim.

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Attorney 1: 

John T. Winemiller, R. Bradford Brittian, and Ian G. McFarland, Knoxville, Tennessee, for appellant, Crescent Sock Company.

Attorney 2: 

Gary R. Patrick, Cara J. Alday, and McKinley S. Lundy, Jr., Chattanooga, Tennessee, for appellees, Robert H. Yoe, III, and Yoe Enterprises, Inc.

Judge: 
SUSANO

GRETCHEN MICHELE BENEDICT v. DONALD LESTER BENEDICT, JR.

This is the second time this matter has been before us on appeal. The issue is again the correct amount of Donald Lester Benedict, Jr.’s (Father) income upon which child support is to be based. Gretchen Michele Benedict (Mother) argues that the trial court erred when it set Father’s child support based upon an incorrect income figure. We have determined that the trial court misinterpreted our previous opinion in Benedict v. Benedict, No. E2013-00978-COA-R3-CV, 2014 WL 2187779 (Tenn. Ct. App., filed May 27, 2014) (Benedict I).

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Attorney 1: 

Grace E. Daniell, Chattanooga, Tennessee, for appellant, Gretchen Michele Benedict.

Attorney 2: 

Phillip C. Lawrence, Chattanooga, Tennessee, for appellee, Donald Lester Benedict, Jr.

Judge: 
SUSANO

JUDY LANCE d/b/a J&B DISCOUNT v. OWNER’S INSURANCE COMPANY

This is a breach of insurance contract action for failure to remit payment pursuant to a business-owners policy after the subject property was destroyed by fire. The case proceeded to jury trial. After denying the insurance company's motion for a directed verdict, the court submitted the case to the jury. The jury found that the plaintiff was entitled to recover under the policy and awarded compensatory and punitive damages and prejudgment interest. The jury also imposed a bad faith penalty and damages pursuant to the Tennessee Consumer Protection Act. The insurance company appeals.

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Attorney 1: 

N. Mark Kinsman, Hixson, Tennessee, and Gaëtan Gerville-Réache, Grand Rapids, Michigan, for the appellant, Owners Insurance Company.

Attorney 2: 

Robert G. Norred, Cleveland, Tennessee, for the appellee, Judy Lance d/b/a J&B Discount.

Judge: 
MCCLARTY

IN RE J.M.M.

This is a termination of parental rights case. The Department of Children’s Services filed a petition to terminate the parental rights of W.J.N. (Father) with respect to J.M.M. (the Child). The trial court found clear and convincing evidence of five grounds warranting termination. The court found the same quantum of evidence reflecting that termination is in the best interest of the Child. Father appeals. We affirm.

Attorney 1: 

Gerald T. Eidson, Surgoinsville, Tennessee, for the appellant W.J.N.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter, and Mary Byrd Ferrara, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Children=s Services.

Judge: 
SUSANO

TED COPE, ET AL. v. HAWKINS COUNTY, TENNESSEE

Several property owners brought suit against the county for inverse condemnation when the county commission's road committee rescinded its recommendation to accept a road as a county road. The county sought dismissal for failure to state a claim upon which relief can be granted. The trial court dismissed the suit. The property owners appeal. We affirm.

Attorney 1: 

R. B. Baird, III, Rogersville, Tennessee, for the appellants, Ted Cope, Edwin Cope, and Aaron Cope.

Attorney 2: 

James O. Phillips, III, Rogersville, Tennessee, for the appellee, Hawkins County, Tennessee.

Judge: 
MCCLARTY