TN Court of Appeals

DEANNE G. RONEY v. LINDA F. NORDHAUS

This is an appeal from the entry of a five-year order of protection. The general sessions court entered an ex parte order of protection on behalf of the Appellee against the Appellant. After a hearing, the general sessions court entered a one-year order of protection. Appellant appealed this order to the Circuit Court for Smith County. After a hearing, the trial court concluded that Appellant had violated the previous order of protection and extended the order of protection to five years.

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Attorney 1: 

Tillman W. Payne, Carthage, Tennessee, for the appellant, Linda F. Nordhaus.

Attorney 2: 

Charlene Robin Vance, Watertown, Tennessee, for the appellee, Deanne G. Roney.

Judge: 
ARMSTRONG

EMMA JEAN ANDERSON v. JAMES KENNETH LOWRY, ET AL.

This appeal originated from a boundary line dispute between adjacent landowners. In this boundary line dispute, the trial court: (1) determined the boundary line that divides the parties’ properties; (2) awarded treble damages to Appellee for timber that had been removed from the disputed property by the Appellant; (3) set aside the quitclaim deed recorded the day before the trial by Appellant as a fraudulent conveyance; and (4) awarded attorney fees to Appellee for the expenses incurred in prosecuting the petition to set aside the quitclaim deed as a fraudulent conveyance.

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Attorney 1: 

Brian O. Bowhan, Smyrna, Tennessee, for the appellant, James Kenneth Lowry.

Attorney 2: 

William D. Birdwell, Cookeville, Tennessee, for the appellee, Emma Jean Anderson.

Judge: 
ARMSTRONG

MELINDA KATHLEEN NICHOLS LONG v. LIONEL EDSON LONG

Appellant filed a petition to modify alimony and child support. During the hearing on the petition, the trial court modified an award of separate property. Because the trial court issued a judgment outside of the relief requested by the parties, we reverse and vacate.

Attorney 1: 

David L. Scott, Murfreesboro, Tennessee, for the appellant, Lionel Edson Long.

Attorney 2: 

Melinda Kathleen Nichols-Long, Appellee.1

Judge: 
GIBSON

IN RE RAINEE M.

In this action, a minor child’s foster parents petitioned to adopt the child and terminate the parental rights of her biological father. A previous action seeking to terminate the father’s parental rights had been filed by the Tennessee Department of Children’s Services (“DCS”) in a different court. The prior case resulted in termination of the father’s parental rights, but the ruling was reversed on appeal. The foster parents filed the instant action during the pendency of the appeal in the first matter.

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Attorney 1: 

Nicholas A. Schaefer, Kingsport, Tennessee, for the appellant, Jon M.

Attorney 2: 

Jerry J. Fabus, Jr., Johnson City, Tennessee, for the appellees, Gerald T. and Jenny T.

Judge: 
FRIERSON

JAMES ANTHONY MOORE v. MICHAEL GAUT1

Plaintiff James Anthony Moore was at Defendant Michael Gaut’s residence to do maintenance on his satellite dish when he was bitten by Defendant’s dog, a Great Dane. The dog was in Defendant’s fenced-in backyard, Plaintiff was on the other side of the fence, and the dog bit Plaintiff on his face. The trial court granted Defendant summary judgment based on its finding that there was no evidence that Plaintiff knew or should have known that the dog had any dangerous propensities.

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Attorney 1: 

Robert L. Vogel, Knoxville, Tennessee, for the appellant, James Anthony Moore.

Attorney 2: 

Stephanie L. Prager and Shelley S. Breeding, Knoxville, Tennessee, for the appellee, Michael Gaut.

Judge: 
SUSANO

IN RE ESTATE OF SALLY LAYTON

In this case, we are called upon to determine whether an exception to a claim against an estate was timely filed. Sally Layton (the decedent) died intestate. On the day before the one-year anniversary of her death, Blounts Operator, LLC, dba Greystone Healthcare Center, the operator of a nursing home, petitioned the trial court for letters of administration on the decedent‟s estate. The court granted the petition the same day. Also on the same day, Blounts filed a claim against the estate. Elizabeth Layton, one of the decedent‟s children, later filed an exception to Blounts‟s claim.

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Attorney 1: 

Minton Mayer and Michele T. Marsicano, Memphis, Tennessee, and Daniel D. Coughlin, Bristol, Tennessee, for the appellant, Blounts Operator, LLC dba Greystone Healthcare Center.

Attorney 2: 

Arthur M. Fowler and Arthur M. Fowler, III, Johnson City, Tennessee, for the appellee, Elizabeth Layton.

Judge: 
SUSANO

FEDERAL NATIONAL MORTGAGE ASSOCIATION v. DANNY O. DANIELS

This appeal arises from the trial court’s grant of summary judgment in favor of Plaintiff in an unlawful detainer action. The property at issue was sold in a foreclosure sale, and the purchaser assigned its interest in the property to Plaintiff. Plaintiff filed this unlawful detainer action seeking possession of the property from Defendant. The General Sessions Court entered judgment in favor of Plaintiff, and Defendant appealed to the Circuit Court.

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Attorney 1: 

Stephen R. Leffler, Memphis, Tennessee, for the appellant, Danny O. Daniels.

Attorney 2: 

Edward D. Russell, Brentwood, Tennessee, for the appellee, Federal National Mortgage Association.

Judge: 
GOLDIN

IN RE C.M.

This is a dependency and neglect case. Appellants adopted the minor child, who is the subject of this appeal, from China. Thereafter, Appellee Tennessee Department of Children‘s Services received a referral that the child was dependent and neglected. The Juvenile Court held that the child was dependent and neglected and was the victim of severe abuse at the hands of Appellants. Appellants sought a de novo review in the Circuit Court. Following a hearing, the Circuit Court held that the child was the victim of severe child abuse and was, therefore, dependent and neglected.

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Attorney 1: 

Connie Reguli, Brentwood, Tennessee, for the appellants, D.M. and M.N.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter, and Paul Jordan Scott, Assistant Attorney General, for the appellee, Tennessee Department of Children‘s Services.

Judy A. Oxford, Franklin, Tennessee, Guardian Ad Litem.

Judge: 
ARMSTRONG

SUSAN WEAVER JONES v. KNOX COUNTY BOARD OF EDUCATION, ET AL.

This appeal concerns a tenured teacher‟s challenge to her transfer to a different job position. Susan Weaver-Jones1 (“Jones”) sued the Knox County Board of Education (“the Board”) and Dr. James McIntyre (“McIntyre”), Superintendent of Knox County Schools, (“Defendants,” collectively) in the Chancery Court for Knox County (“the Trial Court”). Jones alleged that her transfer from Instructional Coach to classroom teacher was arbitrary, capricious, and contrary to law. Defendants filed a motion to dismiss pursuant to Tenn. R. Civ. P. 12.02(6).

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Attorney 1: 

Richard L. Colbert and Courtney L. Wilbert, Nashville, Tennessee, for the appellant, Susan Weaver-Jones.

Attorney 2: 

David M. Sanders, Knoxville, Tennessee, for the appellees, Knox County Board of Education and Dr. James McIntyre.

Judge: 
SWINEY