TN Court of Appeals

FLOYD E. RAYNER, III v. TENNESSEE DEPARTMENT OF CORRECTION, ET AL.

Appellant, an inmate in the custody of Appellee Tennessee Department of Correction, appeals the trial court’s dismissal of his petition for declaratory judgment under the Uniform Administrative Procedures Act. Specifically, Appellant challenges the Tennessee Department of Correction’s calculation of his criminal sentence, and also challenges the constitutionality of the criminal statutes, under which he was convicted. We conclude that the calculation of Appellant’s sentence comports with the judgments of the criminal court.

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Attorney 1: 

Floyd Earl Rayner, III, Mountain City, Tennessee, pro se.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter, Andrée Blumstein, Solicitor General, and Pamela S. Lorch, Senior Counsel, for the appellees, Tennessee Department of Correction and State Attorney General.

Judge: 
ARMSTRONG

THERESA LYNN PALMER, ET AL. v. KAREN McDONALD

Executrix of decedent’s estate brought suit against decedent’s attorney for legal malpractice; the jury awarded the decedent’s estate $50,000 in damages. Attorney appeals, contending that the trial court erred in excluding certain evidence and in denying attorney’s motion for summary judgment. We affirm the judgment and hold that this appeal is frivolous.

Attorney 1: 

Karen McDonald and Jody Faison, Nashville, Tennessee, for the appellant, Karen McDonald.

Attorney 2: 

W. H. (Steve) Stephenson, II, Nashville, Tennessee, for the appellees, Theresa Lynn Palmer, et al.

Judge: 
DINKINS

IN RE QUINTIN S., ET AL.

The Department of Children’s Services filed this petition to terminate the parental rights of the mother and two fathers of four children on various grounds. We affirm the termination of the parental rights of all three parents on multiple grounds, but reverse as to some of the grounds found by the trial court. We agree with the trial court’s decision that termination of parental rights is in the best interest of the children.

Attorney 1: 

James Dallard Estep, III, Tazewell, Tennessee, for the appellant, Shawn H.

Attorney 2: 

Jordan Chandler Long, Knoxville, Tennessee, for the appellant, Christopher F. K., III.

Mary Catherine O’Donnell, Blaine, Tennessee, for the appellant, Areia Y. K.

Herbert H. Slatery, III, Attorney General and Reporter, Andrée Blumstein, Solicitor General, and Alexander S. Rieger, Deputy Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Children’s Services.

Judge: 
BENNETT

ZELLA BALENTINE v. CITY OF SAVANNAH, TENNESSEE

This appeal results from the trial court’s ruling that the city was allowed to demolish appellant’s home based on her failure to bring the building into compliance as required by the settlement agreement reached by the parties. Based on appellant’s failure to comply with the Tennessee Rules of Appellate Procedure and the Rules of the Court of Appeals, we decline to address the merits of the case and dismiss the appeal.

Attorney 1: 

Zella Balentine, Savannah, Tennessee, Pro Se

Attorney 2: 

Dennis W. Plunk, Savannah, Tennessee for the appellee, City of Savannah.

Judge: 
STAFFORD

CHARLES STINSON, ET AL. v. DAVID E. MENSEL, ET AL.

This appeal involves a dispute between landowners over an easement on Plaintiffs’ property that allows the Defendants to use the easement for ingress and egress to their homes. Plaintiffs filed suit alleging that the Defendants unlawfully bulldozed the easement, encroached onto Plaintiffs’ property, and used threats and intimidation to prevent the Plaintiffs from coming on or using the non-exclusive easement.

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Attorney 1: 

Edmund Covington Johnston, Franklin, Tennessee, for the appellants, Charles Stinson, and Glenda Stinson.

Attorney 2: 

Allston Vander Horst, Centerville, Tennessee, for the appellees, David E. Mensel, Mary F. Mensel, Michael Sabol, and Christine Sabol.

Judge: 
GIBSON

DANNY JONES, ET AL. v. BAC HOME LOANS SERVICING, LP, ET AL.

The Plaintiffs’ home was sold at foreclosure in May 2011. By way of a suit filed in the Shelby County Chancery Court, the Plaintiffs sought rescission of the foreclosure sale and asserted claims for breach of contract, violation of the covenant of good faith and fair dealing, violation of the Tennessee Consumer Protection Act, promissory estoppel, and negligent misrepresentation. The trial court dismissed these claims following the filing of a motion for summary judgment by the Defendants.

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Attorney 1: 

Webb A. Brewer and Allison S. Raines, Memphis, Tennessee, for the appellants, Danny Jones and DeEtta Jones.

Attorney 2: 

Lauren Paxton Roberts, Memphis, Tennessee, for the appellees, BAC Homes Loans Servicing, LP, and Wells Fargo Bank, N.A.

Judge: 
GOLDIN

ANDREA RENAE HOPWOOD v. COREY DANIEL HOPWOOD

In this post-divorce proceeding, father appeals the trial court’s finding that he was guilty of civil contempt in failing to pay court-ordered financial obligations relative to the parties’ divorce. We affirm the trial court’s finding that Father was in willful contempt of court, but reverse the trial court’s decision to jail Father until he made an $8,122.43 purge payment.

Attorney 1: 

Matthew J. Crigger, Brentwood, Tennessee, for the appellant, Corey Daniel Hopwood.

Attorney 2: 

Russ Heldman, Franklin, Tennessee, for the appellee, Andrea Renea Hopwood.

Judge: 
STAFFORD

RANDALL EUGENE DENTON v. DEBORAH MEADOWS DENTON

Appellant, a sixty-nine year old retiree, was found guilty of civil contempt for failure to comply with a marital dissolution agreement. We reverse the trial court’s order incarcerating Appellant “until payment of the debt” and instead order his immediate release from incarceration based upon his inability to pay the debt.

Attorney 1: 

Lloyd R. Tatum, Henderson, Tennessee, for the appellant, Randall Eugene Denton.

Judge: 
STAFFORD

KEVIN CASH v. TURNER HOLDINGS LLC A/K/A PRAIRIE FARMS DAIRY INC.

This case involves the application of the doctrine of res judicata. Appellant filed a complaint against appellee alleging retaliatory discharge, fraud, and intentional infliction of emotional distress in the first lawsuit. The trial court granted appellee’s Rule 12.02(6) motion to dismiss “in its entirety.” Appellant thereafter filed a second lawsuit against appellee alleging the same causes of action. The trial court granted summary judgment to appellee based on the doctrine of res judicata. Discerning no error, we affirm.

Attorney 1: 

Terrell L. Tooten, Cordova, Tennessee, for the appellant, Kevin Cash.

Attorney 2: 

Robert D. Meyers and Meghan K. McMahon, Memphis, Tennessee, for the appellee, Turner Holdings LLC a/k/a Prairie Farms Dairy Inc.

Judge: 
STAFFORD

JENNIFER KATE WATTS v. SCOTTIE LEE WATTS

In this divorce case, the parties owned three businesses that comprised a large portion of their marital estate. Prior to trial, they entered into a written agreement providing that they would retain a business valuation expert to analyze two of the three businesses and that they would accept the expert’s findings as conclusive evidence of their value at trial. At the outset of trial, Wife requested a continuance to allow the expert more time to complete the valuations.

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Attorney 1: 

Annie B. Davis and Lisa J. Gill, Memphis, Tennessee, for the appellant, Jennifer Kate Watts.

Attorney 2: 

Nick Rice, Memphis, Tennessee, for the appellee, Scottie Lee Watts.

Judge: 
GOLDIN