TN Court of Appeals

FEDERAL NATIONAL MORTGAGE ASSOCIATION v. BRETT STOKES

Date:

Mon, 11/26/2012

Plaintiff brought this action against defendant, occupant of the property which had been foreclosed. Plaintiff held a deed of ownership. Plaintiff sued for possession and for damages for unlawful detainer of the property. The Trial Court granted plaintiff summary judgment for possession and damages for unlawful detainer pursuant to Tenn. Code Ann. § 29-18-120. On appeal, we affirm.

Attorney 1:

Darren V. Berg, Knoxville, Tennessee, for the appellant, Brett D. Stokes.

Attorney 2:

Kelli L. Thompson, Knoxville, Tennessee, for the appellee, Federal National Mortgage Association.

Judge:

FRANKS

1 attachment

IN RE: DYLAN P. (d.o.b. 05/18/05)

Date:

Mon, 11/26/2012

The trial court determined that the minor children in this case were dependent and neglected upon finding that one of the children was the victim of severe child abuse. Mother appeals. We dismiss for lack of jurisdiction.

Attorney 1:

Samuel J. Harris, Cookeville, Tennessee, for the appellant.

Attorney 2:

Robert E. Cooper, Jr., Attorney General and Reporter, Shanta J. Murray, Assistant Attorney General, for the appellee, State of Tennessee, Department of Children’s Services.

Judge:

FARMER

1 attachment

TAMALA TEAGUE, as successor personal representative of the ESTATE OF LOLA LEE DUGGAN v. GARNETTE KIDD, ET. AL.

Date:

Wed, 11/21/2012

This appeal involves a claim filed by the Administrator of Decedent’s estate to recover monetary assets that were misappropriated from Decedent prior to her death. Administrator alleged that the Kidds depleted Decedent’s monetary assets, thereby breaching a confidential relationship they held with her. The trial court agreed and issued a judgment against the Kidds with prejudgment interest. We affirm the judgment against Wife as modified but reverse the judgment against Husband. The case is remanded.

Attorney 1:

William J. Brown, Cleveland, Tennessee, for the appellants, Garnette Kidd and William Kidd.

Attorney 2:

B. Prince Miller, Jr., Cleveland, Tennessee, for the appellee, Tamala Teague, as successor personal representative of the Estate of Lola Lee Duggan.

Judge:

McClarty

1 attachment

IN THE MATTER OF: CHRISTOPHER A. D.

Date:

Wed, 11/21/2012

The mother brought a petition to modify support and for contempt, alleging that the father had willfully understated his income during an earlier proceeding to modify support. The juvenile court judge found that the mother had proved her allegations and awarded her a judgment of over $26,500 for back child support as well as attorney fees of over $12,800. We hold that the statutory prohibition against retroactive modification of child support disallows the award of pre-petition support.

Attorney 1:

Thomas F. Bloom, Nashville, Tennessee, for the appellant, Christopher A. Dorris.

Attorney 2:

David B. Lyons, Nashville, Tennessee, for the appellee, Sheila Shackleford.

Judge:

Cottrell

1 attachment

IN RE: CONSERVATORSHIP OF MAURICE M. ACREE, JR., et al., v. NANCY ACREE, et al.

Date:

Wed, 11/21/2012

In this action a Petition was filed and a conservator was appointed for Dr. Maurice M. Acree, Jr., and William Acree was made a party to that proceeding. Five years after a conservator was appointed, William Acree filed a "Complaint" in that action. The Trial Court determined that a complaint could not lie in that action, and treated it as a Rule 60 Motion and denied William Acree any relief.

Attorney 1:

Suzette Peyton, Brentwood, and George E. Copple, Jr., Nashville, Tennessee, for the appellant, William Q. Acree.

Attorney 2:

C. Dewey Branstetter, Jr., and Stacey K. Skillman, Nashville, Tennessee, for the appellees, Nancy Acree, C. Dewey Branstetter, Jr., and Austin Catts.

Judge:

Franks

1 attachment

STONEBRIDGE LIFE INSURANCE COMPANY, GWENDOLYN R. WILLIAMS v. ONZIE O. HORNE, III

Date:

Wed, 11/21/2012

This is an interpleader action resulting from competing claims to the proceeds of a life insurance policy. The trial court granted summary judgment to the Insured’s mother, finding that, because she was the only named beneficiary of the policy, she was entitled to the proceeds. Insured’s husband appeals, arguing that, because Insured’s mother was only named as a contingent beneficiary, the default provisions of the policy remained in effect, resulting in him being the primary beneficiary of the policy.

Attorney 1:

Edricke L. Peyton, Memphis, Tennessee, for the appellant, Onzie O. Horne, III.

Attorney 2:

M. Andrew Pippinger and Dennis P. Hawkins, Memphis, Tennessee, for the appellee, Stonebridge Life Insurance Company.

David F. Kustoff, Memphis, Tennessee, for the appellee, Gwendolyn R. Williams.

Judge:

Stafford

1 attachment

EDWARD HANSON v. J.C. HOBBS COMPANY, INC.

Date:

Wed, 11/21/2012

This case arises out of the sale of a tractor. The plaintiff purchaser bought a tractor online from the defendant company, which specializes in the sale of tractors. The company advertised the tractor as having many fewer hours of use than it actually had. After taking possession of the tractor and learning the tractor’s true condition, the purchaser filed this lawsuit against the company, alleging breach of contract, fraudulent misrepresentation, rescission, and violation of the Tennessee Consumer Protection Act.

Attorney 1:

Jason G. Howell, Murray, Kentucky, for Plaintiff/Appellee Edward Hanson.

Attorney 2:

George Robert Whitfield, III, and W. Brown Hawley, II, Paris, Tennessee, for Defendant/Appellant J.C. Hobbs Company, Inc.

Judge:

Kirby

1 attachment

IN RE ESTATE OF MARGARET L. SWIFT

With Dissenting Opinion

Date:

Tue, 11/20/2012

This appeal involves the interpretation of a will. The named residuary beneficiary predeceased the testatrix. The executrix of the decedent’s estate argued that a survivorship requirement in the will applies to the named residuary beneficiary, so her interest lapsed. The issue of the residuary beneficiary argued that the survivorship requirement did not apply to the residuary beneficiary, so Tennessee’s anti-lapse statute operates to pass the beneficiary’s interest to her issue.

Attorney 1:

Walter L. Evans, II, Memphis, Tennessee, for the Respondent/Appellant, Brannon R. Wesley.

Attorney 2:

Kathleen N. Gomes, Memphis, Tennessee, for the Beneficiary/ Appellee, Haywood Mull, Jr.

Kevin E. Childress, Memphis, Tennessee, for the Petitioner/Appellee, Christine Smith, Executor of the Estate of Margaret L. Swift.

Judge:

KIRBY

2 attachments

JOSHUA HILLIARD v. TURNEY CENTER DISCIPLINARY BOARD, ET AL.

Date:

Tue, 11/20/2012

Inmate appeals the dismissal of his petition for writ of certiorari. The chancery court dismissed the petition for lack of subject matter jurisdiction based upon the expiration of the applicable statute of limitations and because inmate failed to show that the prison disciplinary board acted illegally, fraudulently, or arbitrarily. We affirm, finding the inmate failed to show that the disciplinary board exceeded its jurisdiction or acted illegally, fraudulently, or arbitrarily.

Attorney 1:

Joshua Hilliard, Wartburg, Tennessee, Pro se.

Attorney 2:

Robert E. Cooper, Jr., Attorney General and Reporter; William Young, Solicitor General; and Pamela S. Lorch, Senior Counsel, for the appellee, State of Tennessee.

Judge:

BENNETT

1 attachment

RICK EARL, ET AL. v. DR. RAQUEL HATTER, COMMISSIONER, TENNESSEE DEPARTMENT OF HUMAN SERVICES, ET AL.

Date:

Tue, 11/20/2012

Married couple sought judicial review of decision of Department of Human Services holding that they were not eligible for medicaid under an amendment to the Social Security Act known as the “Pickle Amendment.” Upon consideration of the record we affirm the judgment of the Chancery Court.

Attorney 1:

Lenny L. Croce, Oak Ridge, Tennessee, for the Appellants, Rick Earl and Wanda Earl.

Attorney 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Carolyn E. Reed, Assistant Attorney General, for the State of Tennessee.

Judge:

DINKINS

1 attachment

FEDERAL NATIONAL MORTGAGE ASSOCIATION v. BRETT STOKES

IN RE: DYLAN P. (d.o.b. 05/18/05)

TAMALA TEAGUE, as successor personal representative of the ESTATE OF LOLA LEE DUGGAN v. GARNETTE KIDD, ET. AL.

IN THE MATTER OF: CHRISTOPHER A. D.

IN RE: CONSERVATORSHIP OF MAURICE M. ACREE, JR., et al., v. NANCY ACREE, et al.

STONEBRIDGE LIFE INSURANCE COMPANY, GWENDOLYN R. WILLIAMS v. ONZIE O. HORNE, III

EDWARD HANSON v. J.C. HOBBS COMPANY, INC.

IN RE ESTATE OF MARGARET L. SWIFT

JOSHUA HILLIARD v. TURNEY CENTER DISCIPLINARY BOARD, ET AL.

RICK EARL, ET AL. v. DR. RAQUEL HATTER, COMMISSIONER, TENNESSEE DEPARTMENT OF HUMAN SERVICES, ET AL.

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