TN Court of Appeals

EDGAR MICHAEL GALAWAY v. PATRICE JOLENE GALAWAY

In this post-divorce appeal, Father asserts the trial court erred in failing to find a material change of circumstance had occurred such that he should be designated the child‟s primary residential parent. Father also asserts the trial court erred in awarding Mother her attorney‟s fees. We affirm the trial court in all respects.

Attorney 1: 

Paul W. Moser, Madison, Tennessee, for the appellant, Edgar Michael Galaway.

Attorney 2: 

Rebecca K. McKelvey, Nashville, Tennessee, for the appellee, Patrice Jolene Galaway.

Judge: 
BENNETT

LINDA BEARD V. JAMES WILLIAM BRANSON ET AL.

The dispositive issue in this wrongful death action is whether the pro se complaint filed by the decedent‟s surviving spouse tolled the statute of limitations. The defendants, a hospital and a physician, filed a motion for summary judgment, arguing that the complaint was a nullity because the surviving spouse was asserting claims in a representative capacity and the complaint was not signed by a licensed attorney. It is undisputed that the decedent was survived by three heirs, the surviving spouse and two children of the decedent.

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Attorney 1: 

David L. Johnson, Nashville, Tennessee; James T. McColgan, III, and Sherry S. Fernandez, Cordova, Tennessee, for the appellant, Trinity Hospital, LLC.

Attorney 2: 

Philip N. Elbert, Nashville, Tennessee, for the appellee, Linda Beard.

Judge: 
CLEMENT

IN RE ESTATE OF PATRICK TAKASHI DAVIS

Appellant appeals the trial court’s determination that Appellee, who was born in 1992, is an heir-at-law of the Decedent, who died intestate. Appellant argues that the Appellee, as a child born out of wedlock, was required to file a claim against decedent’s estate within the statutory period in order to inherit. However, the Decedent is listed on Appellee’s birth certificate. Under Tennessee Code Annotated Section 68-3-305(b) (1992), in order for his name to be listed on Appellee’s birth certificate, the decedent would have signed an “affidavit . . .

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Attorney 1: 

David J. Callahan, III, John Richard Manson, and Alexander Stephen Fasching, Nashville, Tennessee, for the appellant, Crystal Wey.

Attorney 2: 

James G. King, Nashville, Tennessee, for the appellee, Bryant Takashi Davis, and Peggy Duncan Mathes, Nashville, Tennessee, for the appellee, Estate of Patrick Takashi Davis.

Judge: 
ARMSTRONG

MAHALET B. GIRMA v. HAILE A. BERHE

This is a divorce case. Wife appeals the trial court‟s order concerning the division of property and award of various fees and expenses. Because the trial court did not enter an order on Wife‟s motion for reimbursement of certain fees and expenses, the judgment of the trial court is not final and appealable as of right. Accordingly, we dismiss the appeal.

Attorney 1: 

John D. Drake, Murfreesboro, Tennessee, for the appellant, Mahalet B. Girma.

Attorney 2: 

Thomas F. Bloom, Nashville, Tennessee, for the appellee, Haile A. Berhe.

Judge: 
ARMSTRONG

CLAYTON KELTNER, ET AL. v. ESTATE OF MARY LOIS SIMPKINS, ET AL.

This appeal involves a dispute arising from the plaintiff’s attempted exercise of an option to purchase a tract of land. In part, the contract provided that “a fair and equitable price for said property will be established at a later date.” The trial court held that the option was not enforceable because it was too vague with respect to price. The plaintiffs appealed. We affirm.

Attorney 1: 

Joseph M. Barrett and Jordan B. Osborn, Dickson, Tennessee, for the appellants, Clayton Keltner and Jacqueline Keltner.

Attorney 2: 

B. Nathan Hunt and S. Allison Winters, Clarksville, Tennessee, for the appellees, Estate of Mary Lois Simpkins, Keith Thomas, Connie Thomas, and Vicky D. Weikal.

Judge: 
GOLDIN

JAMES A. FARLEY V. TENNESSEE DEPARTMENT OF SAFETY AND HOMELAND SECURITY

This is an appeal from the trial court‟s dismissal of a petition for judicial review for lack of subject matter jurisdiction. The petitioner is seeking to recover a motor vehicle he claims to own that was seized due to “illegal alterations to the vehicle‟s identification numbers.” It is undisputed that the petitioner was never the registered owner of the vehicle, that he was not in possession of the vehicle when it was seized, and that he did not receive notice of the seizure of the vehicle or the issuance of the notice of forfeiture.

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Attorney 1: 

Cynthia S. Lyons, William F. Roberson, Jr., and Seth Pinson, Cookeville, Tennessee, for the appellant, James A. Farley.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Andrée S. Blumstein, Solicitor General; and Troy A. McPeak, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Safety and Homeland Security.

Judge: 
CLEMENT

JACQUELINE HARRISON v. SHELBY COUNTY BOARD OF EDUCATION

This is a termination of employment case. Appellant Shelby County Board of Education appeals the trial court’s decision to reinstate a tenured teacher whose employment was terminated for inefficiency. The trial court found that there was insufficient evidence to support a finding of inefficiency. Discerning no error, we affirm and remand.

Attorney 1: 

Cecilia S. Barnes, Memphis, Tennessee, for the appellant, Shelby County Board of Education.

Attorney 2: 

Darrell J. O’Neal, Memphis, Tennessee, for the appellee, Jacqueline Harrison.

Judge: 
ARMSTRONG

WENDY W. ROSE V. LISA BUSHON ET AL.

Wendy Rose filed suit alleging, among other things, breach of contract and misrepresentation by defendants Lisa Bushon and Innovative Risk Management, LLC. Later, on October 13, 2014, plaintiff filed a notice of “voluntary nonsuit” in the trial court. She also faxed the notice to opposing counsel. A hearing on a pending motion to disqualify the plaintiff’s counsel had been previously scheduled for October 14. The hearing was held as scheduled. Plaintiff, assuming that the case was concluded with the filing of her notice, did not appear at the hearing.

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Attorney 1: 

Wendy Rose, Knoxville, Tennessee, appellant, Pro Se.

Attorney 2: 

John A. Lucas and Nicholas W. Diegel, Knoxville, Tennessee, for appellees, Lisa Bushon and Innovative Risk Management, LLC.

Judge: 
SUSANO

LISA LYNN ODOM, ET AL v. CLAIBORNE COUNTY, TENNESSEE, ET AL

An “affidavit of complaint” was issued against Lisa Odom for custodial interference. Deputies from the Claiborne County Sheriff‟s Office visited Ms. Odom for the purpose of taking custody of her child and returning her to Ms. Odom‟s ex-husband, Scott Odom. Ms. Odom objected to the removal of her child, and William Phipps, Ms. Odom‟s father, asked to see a warrant prior to the removal of the child.

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Attorney 1: 

Herbert S. Moncier, Knoxville, Tennessee, for the appellants, Lisa Lynn Odom and William Phipps.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Andrée S. Blumstein, Solicitor General; and Mary M. Bers, Senior Counsel, Nashville, Tennessee, for the appellee, Amanda Sammons.

Judge: 
SUSANO

MARLENE J. BIDELMAN-DYE V. JAMES D. DYE

In this post-divorce matter, numerous issues arose after the former wife, the primary residential parent, sought to relocate with the minor child. The trial court allowed the wife to relocate with the child to Pennsylvania and adopted her proposed parenting plan with certain modifications. On the issues raised in this appeal, the trial court ruled in the husband‟s favor. The wife appeals. We affirm.

Attorney 1: 

Marlene J. Bidelman, Sewickley, Pennsylvania, pro se.

Attorney 2: 

Misty Lay Harris, Chattanooga, Tennessee, for the appellee, James D. Dye.

Judge: 
MCCLARTY