TN Court of Appeals

JERRY CLARK v. METROPOLITAN GOVERNMENT OF NASHVILLE & DAVIDSON COUNTY

The trial court dismissed the plaintiff’s complaint as untimely, in part, due to its determination that the general savings statute, Tenn. Code Ann. § 28-1-105, did not apply. We affirm the decision of the trial court and remand for further proceedings consistent with this Opinion.

Attorney 1: 

Jerry Clark, Dunlap, Tennessee, Pro se.

Attorney 2: 

J. Brooks Fox and Catherine J. Pham, Nashville, Tennessee, for the appellee, Metropolitan Government of Nashville and Davidson County.

Judge: 
GOLDIN

MICHAEL SMITH v. RANDAL RHEA

Plaintiff appeals the dismissal of his suit for lack of prosecution, asserting that the trial court failed to rule on several dispositive motions. Upon a review of the record, we vacate the order of dismissal and remand the case for a hearing on the pending motions.

Attorney 1: 

Michael W. Smith, Whiteville, Tennessee, Pro Se.

Attorney 2: 

Randal Grant Rhea, Memphis, Tennessee, Pro Se.

Judge: 
DINKINS

KELLY COLVARD PARSONS v. RICHARD JEARL PARSONS

This is a post-divorce matter in which Ms. Parsons filed a petition for civil and criminal contempt against her former husband, Mr. Parsons. Ms. Parsons argues that Mr. Parsons unilaterally modified the terms of their divorce by failing to compensate her for what she alleges to be a vested interest in his federal retirement benefits. At the conclusion of Ms. Parsons’ direct examination, Mr. Parsons moved for dismissal on the ground that Ms. Parsons did not elect whether she was seeking civil or criminal contempt at the outset of the proceedings. The trial court dismissed Ms.

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Attorney 1: 

Mitchell D. Moskovitz, and Kirkland Bible, Memphis, Tennessee, for the appellant, Kelly Colvard Parsons.

Attorney 2: 

Larry Rice, Memphis, Tennessee, for the appellee, Richard Jearl Parsons.

Judge: 
ARMSTRONG

ALEXANDER STRATIENKO v. LISA STRATIENKO

In this domestic relations action, the parties divorced following a twenty-six-year marriage. The trial court valued the parties’ marital assets, including the husband’s medical practice, and fashioned an equal distribution. In addition, the court awarded the wife alimony in futuro in the amount of $5,000 per month as well as alimony in solido in the amount of $4,500 per month for ten years. The court further ordered the husband to maintain his $1,000,000 life insurance policy in effect to secure the wife’s spousal support awards. The husband has appealed.

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Attorney 1: 

William H. Horton, Chattanooga, Tennessee, for the appellant, Alexander Stratienko.

Attorney 2: 

Glenna M. Ramer, Chattanooga, Tennessee, for the appellee, Lisa Stratienko.

Judge: 
FRIERSON

DAVID R. SMITH v. THE TENNESSEE NATIONAL GUARD

With dissenting opinion by McBrayer.

This case involves a military service member’s claim against the Tennessee National Guard pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., and Tennessee Code Annotated section 29-20-208. The trial court dismissed the complaint for failure to state a claim. We reverse and remand for further proceedings.

Attorney 1: 

Phillip Leon Davidson, Brentwood, Tennessee, for the appellant, David R. Smith.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter, Andrée Blumstein, Solicitor General, and Taylor William Jenkins, Assistant Attorney General, Nashville, Tennessee, for the appellee, The Tennessee National Guard.

Judge: 
GIBSON

STATE OF TENNESSEE DEPARTMENT OF CORRECTION v. GEORGE TODD

A prison inmate appeals the trial court’s decision to appoint a limited conservator for healthcare decisions over the inmate and give the conservator the authority to consent to the forcible treatment on behalf of the inmate. Discerning no error, we affirm.

Attorney 1: 

Danny Ross Dickerson, Nashville, Tennessee, for the appellant, George Todd.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; Andreé S. Blumstein, Solicitor General; Eric A. Fuller, Assistant Attorney General, for the appellee, Tennessee Department of Correction.

Judge: 
STAFFORD

TERRY SHAWN LEE v. SHANNON SNIDER LEE

This case primarily concerns the interpretation of a legal separation agreement that was approved by the trial court as part of a decree of legal separation. After the husband failed to pay child and spousal support, the wife filed a petition for contempt and modification. The husband responded by, among other things, requesting a divorce. The trial court granted the parties a divorce, reformed the provisions of the legal separation agreement, awarded a judgment for child and spousal support arrearages, and held the husband in criminal contempt.

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Attorney 1: 

Terry Shawn Lee, Garland, Texas, pro se appellant.

Attorney 2: 

Andrew M. Cate, Brentwood, Tennessee, for the appellee, Shannon Snider Lee.

Judge: 
MCBRAYER

IN RE CONSERVATORSHIP OF MARY ANNIE HAYNES

In connection with a conservatorship proceeding brought by appellant, the trial court found, inter alia, that Appellant lacked standing to challenge the transfer of his mother’s home to his brother, the appellee. Appellant appealed. Because Appellant failed to properly raise the issue of his standing and failed to submit a proper request for attorney’s fees in the proceedings below, we affirm the trial court’s judgment.

Attorney 1: 

Gary N. Patton, Murfreesboro, Tennessee, for the appellant, Timothy Haynes.

Attorney 2: 

Mark L. Haynes, Murfreesboro, Tennessee, Pro Se.

Judge: 
STAFFORD

BENJAMIN J. BUFFINGTON v. LEGACY & EXIT PLANNING LLC, ET AL.

The plaintiff in this case, Benjamin Buffington (“Mr. Buffington”), is a former member of Legacy & Exit Planning, LLC (“Legacy”). Mr. Buffington sued the Appellants on the basis that they had not made certain required contractual payments incident to his departure from Legacy. In response, the Appellants asserted various counterclaims predicated upon Mr. Buffington’s acquisition of a company that had been a former client of a company affiliated with Legacy. The trial court dismissed the Appellants’ counterclaims upon Mr.

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Attorney 1: 

Michael G. McLaren and Kristine E. Nelson, Memphis, Tennessee, for the appellants, Legacy & Exit Planning, LLC and Executive Financial Services, Inc.

Attorney 2: 

John J. Heflin and Jack F. Heflin, Memphis, Tennessee, for the appellee, Benjamin J. Buffington.

Judge: 
GOLDIN

ROBERT H. EDWARDS V. UROSITE PARTNERS

Plaintiff was a partner of a physician practice and a limited partner in a real estate investment limited partnership. Continuing employment with the physician practice was a condition of remaining a limited partner. Following the termination of Plaintiff’s employment with the physician group, Plaintiff, the physician group, and the limited partnership entered into a Separation Agreement. The limited partnership agreed not to redeem Plaintiff’s interest in the limited partnership if he did not expand his practice outside Giles and Hickman Counties.

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Attorney 1: 

Stephen C. Knight and Nader Baydoun, Brentwood, Tennessee, for the appellant, Robert H. Edwards.

Attorney 2: 

James N. Bowen and Elizabeth O. Gonser, Nashville, Tennessee, for the appellee, Urosite Partners.

Judge: 
BENNETT