TN Court of Appeals

ELIZABETH ANN MORROW GRANOFF v. ANDREW SCOTT GRANOFF

This second appeal of this post-divorce case concerns the husband‟s continued occupation of the marital residence. Upon remand, the trial court imposed a rental obligation upon the husband and established a reserve price for the auction sale of the residence. We modify the court‟s decision to reflect an imposition of rent that conforms to the marital dissolution agreement. We affirm the decision in all other respects.

Attorney 1: 

William A. Mynatt, Jr., Knoxville, Tennessee, for the appellant, Andrew Scott Granoff.

Attorney 2: 

James R. Scroggins, Jefferson City, Tennessee, for the appellee, Elizabeth Ann Morrow Granoff.

Judge: 
MCCLARTY

WILLIAM WYTTENBACH v. BOARD OF TENNESSEE MEDICAL EXAMINERS, ET AL.

This is an appeal under the Administrative Procedures Act. After the Tennessee Department of Health mailed notice to a physician of alleged violations of the Tennessee Medical Practice Act, the physician retired his Tennessee medical license. Unsatisfied, the Department of Health filed a notice of charges. After a hearing at which the physician did not appear, the Tennessee Board of Medical Examiners revoked the physician‟s medical license and placed conditions on any future application by the physician for a medical license in Tennessee.

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Attorney 1: 

William Wyttenbach, Fort Myers, Florida, pro se.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter, and Sue A. Sheldon, Senior Counsel, for the appellees, Tennessee Board of Medical Examiners and Tennessee Department of Health.

Judge: 
MCBRAYER

HENRY HOLT, SR., ET AL. v. CITY OF FAYETTEVILLE, TENNESSEE, ET AL.

Plaintiffs, on behalf of themselves and a deceased family member, sued the City of Fayetteville and others for wrongful death and personal injuries resulting from an automobile accident involving a stolen police car. Plaintiffs alleged a police officer negligently failed to secure a suspect after placing her in the police car. The suspect then stole the police car, drove away at a high rate of speed, and collided with the plaintiffs‟ vehicle.

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Attorney 1: 

Blair Durham and Michael B. Schwegler, Nashville, Tennessee, for the appellants, Gavin Holt, Destany Holt, Devin Gooding, Deanna Gooding, Henry Holt, Sr., Henry Holt, Jr., Monica M. Gooding, Jeffrey Gooding, and Windy Wallace.

Attorney 2: 

Kristin Ellis Berexa and Laura Adams Hight, Nashville, Tennessee, for the appellees, City of Fayetteville and Fayetteville Police Department.

Judge: 
MCBRAYER

DIANE C. HANSON V. GARY D. MEADOWS

The mother of two minor children filed a petition on May 5, 2014, in the Chancery Court of Rutherford County seeking an order of protection against the children’s father for her benefit and for the benefit of their two minor children. When the petition was filed, the parties were operating under a parenting plan from Wisconsin state courts, and the Chancery Court of Rutherford County exercised only temporary emergency jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, Tenn. Code Ann. §§ 36-6-201 to -243.

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Attorney 1: 

Diane C. Hanson, Lavergne, Tennessee, Pro se.

Attorney 2: 

Kirk D. Catron, Murfreesboro, Tennessee, for the appellee, Gary D. Meadows.

Judge: 
CLEMENT

IN RE ASHTON B.

Petitioner adoption service filed a petition to terminate Father‟s parental rights, alleging several grounds under Tennessee Code Annotated Section 36-1-113(g)(9)(A) and abandonment pursuant to Tennessee Code Annotated Section 36-1-113(g)(1). The trial court denied the petition, finding no grounds to support termination. Based upon the Tennessee Supreme Court‟s holding in In re Bernard T., 319 S.W.3d 586 (Tenn. 2010), that the grounds contained within Section 36-1-113(g)(9)(A) cannot apply to putative biological fathers, we affirm the trial court‟s denial of termination on those grounds.

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Attorney 1: 

Kevin W. Weaver, Cordova, Tennessee, for the appellant, Bethany Christian Services of West Tennessee, Inc.

Attorney 2: 

P. Craig Grinstead, Memphis, Tennessee, for the appellee, Earl W.

Judge: 
STAFFORD

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. ROBERT BLONDIN

Automobile insurance company brought action to recover from the defendant payments made under the policy to its insured and her passenger for personal injuries and property damage resulting from an automobile accident between the insured and the uninsured Defendant’s daughter. Judgment was entered in favor of company in the amount of $20,575.00, which was reduced by 20% to $16,460.00 in accordance with the court’s apportionment of 20% fault to the policy holder. Defendant appeals the denial of his motion to dismiss, the award of damages, and the allocation of fault.

Attorney 1: 

Kerry Knox, Murfreesboro, Tennessee, for the appellant, Robert Blondin.

Attorney 2: 

John R. Cheadle, Jr. and Mary Barnard Cheadle, Nashville, Tennessee, for the appellee, State Farm Mutual Automobile Insurance Company.

Judge: 
DINKINS

IN RE BENJAMIN A.

This is a termination of parental rights case, focusing on Benjamin A., the minor child (“the Child”) of Brent H. (“Father”) and Brandice A. (“Mother”). The Child was taken into protective custody by the Tennessee Department of Children‟s Services (“DCS”) on November 4, 2010, upon investigation of a spiral fracture to his right arm and suspected child abuse. On December 17, 2013, DCS filed a petition to terminate the parental rights of Father. Mother previously had surrendered her parental rights to the Child in June 2013 and is not a party to this appeal.

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Attorney 1: 

John Wysong, Chattanooga, Tennessee, for the appellant, Brent H.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter, and Eugenia Izmaylova, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Children‟s Services.

Kathleen B. Overton, Hixson, Tennessee, Guardian Ad Litem.

Judge: 
FRIERSON

IN RE: ESTATE OF TERRY PAUL DAVIS

Christinia Davis (“Wife”), Terran Denise Davis (“Terran”)1, and Taylor Ann Davis (“Taylor”) appeal the April 17, 2015 order of the General Sessions Court for Bount County Probate Division (“Probate Court”) upholding the Last Will and Testament of Terry Paul Davis (“the Will”). Wife, Terran, and Taylor raise an issue regarding whether the Probate Court erred in finding that the presumption of undue influence arising out of the proven confidential relationship between Terry Paul Davis (“Deceased”) and Olive K. Davis (“Davis”) was rebutted by clear and convincing evidence.

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Attorney 1: 

Kevin W. Shepherd and D. Chris Poulopoulos, Maryville, Tennessee, for the appellants, Christina Davis, Terran Denise Davis, and Taylor Ann Davis.

Attorney 2: 

Robert N. Goddard, Maryville, Tennessee, for the appellee, Dan Tussey, Personal Representative of the Estate of Terry Paul Davis.

Duncan V. Crawford, Maryville, Tennessee, for the appellees, Olive K. Davis, Larry Alan Davis, Lisa Davis, Gena Tussey, and Dan Tussey.

Judge: 
SWINEY

IN RE CANDACE J., ET. AL.

This is a termination of parental rights case. The Tennessee Department of Children’s Services (“DCS”) filed a petition seeking to terminate the mother’s parental rights with respect to the minor child.

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Attorney 1: 

Brandon M. Booten, Murfreesboro, Tennessee, for the appellant, Danielle J.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; Meghan Murphy Assistant Attorney General, for the appellee, State of Tennessee, Department of Children’s Services.

Judge: 
GOLDIN

MELANIE JONES, INDIVIDUALLY AND ON BEHALF OF MATTHEW H. v. SHAVONNA RACHELLE WINDHAM, ET AL.

With BRANDON O. GIBSON, J., dissenting.

This Rule 10 appeal stems from a vehicular accident involving a minor child who was struck by a van driven by the employee of a children‟s daycare. The child‟s mother filed suit alleging negligence against the employee-driver of the vehicle and asserted claims for negligent hiring, negligent retention, and negligence per se against the driver‟s employers. The mother also averred that she should recover punitive damages based on the conduct of the Defendants.

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Attorney 1: 

C. Wesley Fowler and Jonathan O. Richardson, Memphis, Tennessee, for the appellant, Melanie Jones.

Attorney 2: 

John D. Richardson, Memphis, Tennessee, for the appellees, Shavonna Rachelle Windham, Remark Chism, Kimberly Chism, Kare Enrichment Center, Kare Enrichment Center, Inc. #3, Kare, Inc., Kare III, Inc., and Academy Care.

Judge: 
GOLDIN