TN Court of Appeals

TASHA DAYHOFF v. JOSHUA D. CATHEY

This is the second appeal in this custody dispute between unmarried parents. After establishing parentage of the minor children, the juvenile court entered a permanent parenting plan without hearing sworn testimony. On appeal, this Court vacated the parenting plan and remanded for an evidentiary hearing. Before the hearing on remand, the mother relocated from West Tennessee to Middle Tennessee with the children. The trial court conducted an evidentiary hearing and determined that the parental relocation statute applied to the court’s decision.

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Attorney 1: 

Michael A. Carter, Milan, Tennessee, for the appellant, Tasha Dayhoff.

Attorney 2: 

Harold E. Dorsey, Alamo, Tennessee, for the appellee, Joshua D. Cathey.

Judge: 
GIBSON

IN RE: DEVIN B.

This is an appeal of an order dismissing Father's petition to enroll judgment in Tennessee and motion to modify a parenting plan due to a lack of subject matter jurisdiction. The juvenile court found that Tennessee was not the Child's home state, pursuant to the Uniform Child Custody Enforcement Act, on the day of the proceeding or within the six months prior to Father's filing his petition. We affirm.

Attorney 1: 

Terrell Lee Tooten, Memphis, Tennessee, for the appellant, Tracey B.

Attorney 2: 

Laurie Winstead Hall, Memphis, Tennessee, for the appellee, Chelsea L.

Autumn Blaise Chastain, Memphis, Tennessee, Guardian ad Litem.

Judge: 
GIBSON

MARK A. SHEMPERT, ET AL. v. KIM WRIGHT COX, PERSONAL REPRESENTATIVE AD LITEM FOR THE ESTATE OF ROBERT DAVIS

This is an appeal of an order granting the unnamed defendant's motion for summary judgment. After being involved in an accident with an uninsured motorist, the plaintiff brought suit against his uninsured motor vehicle insurance carrier seeking coverage under the policy. The insurance carrier moved for summary judgment, arguing that the plaintiff was operating a vehicle not insured under the policy but available for his regular use, and therefore, was not covered under the policy. We affirm.

Attorney 1: 

Robert A. Cox and Ronna D. Kinsella, Memphis, Tennessee, for the appellants, Mark A. Shempert and Deborah A. Shempert.

Attorney 2: 

Bradford Box and Jonathan David Stewart, Jackson, Tennessee, for the appellee, Farmers Insurance Exchange.

Judge: 
GIBSON

ADEDAMOLA O. ONI v. TENNESSEE DEPARTMENT OF HEALTH, ET AL.

In an earlier proceeding, we determined that a physician violated three different provisions of the Medical Practice Act, Tenn. Code Ann. §§ 63-6-214(b)(1), (2), and (20). We remanded the case to the Tennessee Board of Medical Examiners (the “Board”) to determine the appropriate sanction. On remand, the physician argued the case had become moot because his medical license was not renewed and had become automatically revoked by operation of law. The Board disagreed and voted to revoke the physician's license as punishment for his violations.

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Attorney 1: 

Herbert H. Slatery, III, Attorney General and Reporter; Andrée S. Blumstein, Solicitor General; and Sue Ann Sheldon, Senior Counsel, Nashville, Tennessee, for the appellants, Tennessee Department of Health and Tennessee Board of Medical Examiners.

Attorney 2: 

James Warren White, Nashville, Tennessee, for the appellee, Adedamola O. Oni.

Judge: 
BENNETT

STEVE KIRBY KUCINSKI v. MAGALI ORTEGA

In this divorce action, the husband appeals the award of alimony in futuro, asserting that the award should be overturned because the wife was awarded substantial marital property or, alternatively, that due to changed circumstances, the award of alimony is inappropriate. Finding no error, we affirm the judgment of the trial court.

Attorney 1: 

Gregory D. Smith, Clarksville, Tennessee, for the appellant, Steve Kirby Kucinski.

Attorney 2: 

Mark A. Rassas and Julia P. North, Clarksville, Tennessee, for the appellee, Magali Ortega.

Judge: 
DINKINS

MELINDA DUNCAN, ET AL. v. CHERYL L. LEDFORD MD, ET AL.

This is a healthcare liability case. The trial court granted summary judgment in favor of Appellees, Appellant’s treating physician and her employer. Summary judgment was based on the trial court’s finding that Appellants had failed to meet their burden of proof to show that Appellee doctor deviated from the standard of care or that the treatment provided caused Appellant to sustain injuries that otherwise would not have occurred. Discerning no error, we affirm.

Attorney 1: 

Richard Glassman, Lauran Glassman Stimac, and Edwin E. Wallis, III, Memphis, Tennessee, for the appellants, Melinda Duncan, and Jeff Duncan.

Attorney 2: 

Marty R. Phillips, Brandon James Stout, and Timothy G. Wehner, Jackson, Tennessee, for the appellees, Cheryl L. Ledford, M.D., and The Jackson Clinic, P.A.

Judge: 
ARMSTRONG

RAY DUFFY, ET AL. v. DANNY ELAM

This appeal involves an unauthorized sale of a trailer by a third party. The circuit court held that the original owner of the trailer, who holds the certificate of title, is entitled to possession of the trailer rather than the party claiming to be a bona fide purchaser. The purchaser appeals. We affirm.

Attorney 1: 

Benjamin Scott Harmon, Savannah, Tennessee, for the appellant, Danny Elam.

Attorney 2: 

Paul Lee Simpson and Ross Mitchell, Selmer, Tennessee, for the appellees, Patrick Hynes and Ray Duffy.

Judge: 
GIBSON

IN RE ESTATE OF LANA HOPSON REED

This case arises from an exception to a claim filed against decedent’s estate. Appellant/Administratrix filed an exception to a claim brought by the Appellees, who are the decedent’s parents. The trial court found that the Statute of Frauds, Tennessee Code Annotated Section 29-2-101, was not applicable to bar the claim. The trial court further held that the claimed amount was a loan to the decedent and not a gift as Appellant argued. Discerning no error, we affirm and remand.

Attorney 1: 

E. Ronald Chestnut, Greeneville, Tennessee, for the appellant, Heather Reed.

Attorney 2: 

Jeffrey A. Cobble, Greeneville, Tennessee, for the appellees, Dennis Hopson and Joyce J. Hopson.

Judge: 
GOLDIN

CARLA SUZANNE JACKSON V. CITY OF CLEVELAND

Plaintiff, who had served as a police officer for the City of Cleveland Police Department since 1990, was fired on September 12, 2011, eleven months after filing a charge of discrimination with the Equal Employment Opportunity Commission. Four months after her termination, Plaintiff filed suit in federal court asserting, inter alia, claims of sexual discrimination, hostile work environment, and retaliation against the City of Cleveland under the Tennessee Human Rights Act.

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Attorney 1: 

W. Gerald Tidwell, W. Adam Izell, and Todd A. Davis, Chattanooga, Tennessee, for the appellant, Carla Suzanne Jackson.

Attorney 2: 

Ronald D. Wells and Keith H. Grant Chattanooga, Tennessee, for the appellee, City of Cleveland.

Judge: 
CLEMENT

MUKTA PANDA v. NILADRI PANDA

This post-divorce appeal concerns the wife’s request for attorney fees based upon the husband’s failure to comply with the requirements of the marital dissolution agreement. The trial court denied the request, finding that attorney fees were not warranted when the husband had not acted in contempt of the court’s orders. The wife appeals the court’s denial of attorney fees and also requests attorney fees on appeal. We reverse and also award attorney fees on appeal pursuant to the marital dissolution agreement.

Attorney 1: 

Charles Paty (argued before the Court), Chattanooga, Tennessee, for the appellant, Mukta Panda.

Attorney 2: 

Selma Cash Paty (submitted brief), Chattanooga, Tennessee, for the appellant, Mukta Panda.

Carol Ann Barron, Dayton, Tennessee, for the appellee, Niladri Panda.

Judge: 
MCCLARTY