TN Court of Appeals

BRENTWOOD CHASE COMMUNITY ASSOCIATION v. TRIET TRUONG, ET AL.

Suit to enforce restrictive covenants in a residential subdivision. The homeowners association filed suit alleging that a resident was conducting commercial activity in violation of the restrictive covenants. The trial court granted the association’s motion for summary judgment in part, enjoining the resident from conducting the activity and awarding the association attorneys fees.

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Attorney 1: 

Andy Maloney, Nashville, Tennessee, for the appellant, Tiffany Curtiss.

Attorney 2: 

Alvin L. Harris, Nashville, Tennessee, for the appellee, Brentwood Chase Community Association.

Judge: 
DINKINS

IN RE M.B.R.

This is a termination of parental rights case. The Department of Children’s Services filed a petition to terminate the parental rights of B.L.R. (Father) with respect to his child, M.B.R. (the Child). The trial court found clear and convincing evidence of four grounds supporting termination. The court also found, by the same quantum of proof, that termination is in the best interest of the Child. Father appeals. We affirm.

Attorney 1: 

Gerald T. Eidson, Surgoinsville, Tennessee, for the appellant B.L.R.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter, and Rebekah A. Baker, Senior Counsel, for the appellee, Tennessee Department of Children’s Services.

Judge: 
SUSANO

IN RE AIDEN R., ET AL.

This case arises from the dismissal after trial of a petition to terminate the parental rights of a mother and father. The juvenile court concluded that, although the Department of Children’s Services had proven grounds for terminating the parents’ rights, termination was not in the best interest of the children. On appeal, we find the Department of Children’s Services did not prove by clear and convincing evidence statutory grounds for termination of the father’s rights. We further find clear and convincing evidence supports only two statutory grounds for terminating the mother’s rights.

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Attorney 1: 

Marsha Arnurius, Johnson City, Tennessee, for the appellant, Guardian ad Litem.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter, and M. Cameron Himes, Assistant Attorney General, for the appellee, Tennessee Department of Children’s Services. Randall D. Fleming, Kingsport, Tennessee, for the appellee, Joseph G. Nicholas A. Schaefer, Kingsport, Tennessee, for the appellee, Mary R.

Judge: 
MCBRAYER

COMMERCIAL PAINTING COMPANY, INC. v. THE WEITZ COMPANY, LLC, ET AL.

A subcontractor and general contractor executed a subcontract for a continuing care retirement community. The subcontractor filed a complaint against the general contractor and asserted claims for breach of contract and misrepresentation. The contractor filed a motion for partial summary judgment with respect to the claims for misrepresentation, which the trial court granted. The breach of contract claims were tried and the trial court awarded the subcontractor some damages, but less than the subcontractor sought. The subcontractor appealed the trial court‘s judgment granting the contractor‘s motion for partial summary judgment. We conclude the subcontractor stated claims for intentional or negligent misrepresentation and that the trial court erred in dismissing these claims. We reverse the trial court‘s judgment granting the contractor‘s motion for partial summary judgment and remand the case for further proceedings.

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Attorney 1: 

Scott A. Frick, Memphis, Tennessee, for the appellant, Commercial Painting Company, Inc.

Attorney 2: 

Donald Capparella, Candi Henry, Nashville, Tennessee, and Jeffrey C. Smith, Memphis, Tennessee, for the appellees The Weitz Company, Inc., The Village at Germantown, Inc., BNP Paribas, Deutsche Bank National Trust Company, Anne B. Mathes, Trustee, Federal Insurance Company, and St. Paul Fire & Marine Insurance Co.

Judge: 
BENNETT

CASH AMERICA INTERNATIONAL, INC. v. GEICO GENERAL INSURANCE CO.

Insurance company filed garnishment action in general sessions court against employer garnishee. The sheriff served an hourly employee at one of the employer garnishee’s retail locations. Employer garnishee did not appear in the garnishment action, and the general sessions court entered judgment. Employer garnishee filed this action in the chancery court collaterally attacking the general sessions judgment based on improper service. The chancery court granted summary judgment in favor of employer garnishee. Discerning no error, we affirm.

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Attorney 1: 

John R. Cheadle, Jr., and Mary Barnard Cheadle, Nashville, Tennessee, for the appellant, Geico General Insurance Company.

Attorney 2: 

Frank L. Day, Jr., Memphis, Tennessee, for the appellee, Cash America International, Inc.

Judge: 
STAFFORD

VANDERBILT MORTGAGE AND FINANCE, INC. v. PHILLIP W. VANDERGRIFF ET AL.

The plaintiff lender filed this action to quiet title to certain real property and regain possession of said property from its current occupants, one of whom owed a debt to the lender that originated in 1996. At the time of the making of the indebtedness, the debtor executed a deed of trust regarding the subject property to secure the debt. The property was subsequently sold at a delinquent tax sale in 2008. The tax sale purchaser later conveyed title to the property back to the debtor in 2012.

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Attorney 1: 

Phillip W. Vandergriff, James Vandergriff, Sandy Goodman Vandergriff, and James T. Higdon, Jacksboro, Tennessee, Pro Se.

Attorney 2: 

Anthony R. Steele, Knoxville, Tennessee, for the appellee, Vanderbilt Mortgage and Finance, Inc.

Judge: 
FRIERSON

IN RE BAILEY W., ET AL.

This case involves termination of the parental rights of a mother to her four children. After investigating a report of drug exposure, the Tennessee Department of Children‟s Services (“DCS”) obtained emergency temporary custody of the children. Ten months after the children were removed from the mother‟s home, DCS filed a petition to terminate the mother‟s parental rights on the grounds of abandonment by willful failure to support and failure to establish a suitable home, substantial noncompliance with the permanency plan, and persistence of conditions.

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Attorney 1: 

Melanie Stepp Lane, Jamestown, Tennessee, for the appellant, Karissa W.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter, and Laura E. Miller, Assistant Attorney General, for the appellee, Tennessee Department of Children‟s Services. Leslie Clark Ledbetter, Clarkrange, Tennessee, Guardian ad Litem.

Judge: 
MCBRAYER

IN RE: QUADAVON H., ET AL.1

Mother appeals the termination of her parental rights to two children, asserting that the evidence does not sustain the grounds of abandonment by failure to support and persistence of conditions as found by the court and does not support the finding that termination of Mother’s rights was in the children’s best interest. Upon our review, the record clearly and convincingly supports the grounds found by the court, as well as the finding that termination of Mother’s rights is in the children’s best interest; consequently, we affirm the judgment.

Attorney 1: 

Heather G. Inman, Knoxville, Tennessee, for the appellant, Vanessa L. N.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; and Rachel E. Buckley, Assistant Attorney General, for the appellee, Tennessee Department of Children’s Services.

Judge: 
DINKINS

IN RE ANICIA B.

The trial court terminated Mother’s parental rights based on the grounds of abandonment by failure to visit, abandonment by failure to provide a suitable home, substantial noncompliance with the permanency plan, and persistent conditions and based on the trial court’s finding that it was in the child’s best interest to terminate Mother’s parental rights. Mother appealed. We affirm.

Attorney 1: 

Jared A. Williams, Kingsport, Tennessee, for the appellant, Annalin R.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter, and Rebekah A. Baker, Senior Counsel, for the appellee, Tennessee Department of Children’s Services. Claire A. Addlestone, Kingsport, Tennessee, guardian ad litem for the minor, Anicia B.

Judge: 
BENNETT

AMANDA GILREATH, ET AL. v. CHATTANOOGA-HAMILTON COUNTY HOSPITAL AUTHORITY, ET AL.

This is a medical malpractice action1 in which the plaintiffs filed suit against the defendant hospital. The defendant hospital requested summary judgment. The trial court granted summary judgment and dismissed the action. We affirm.

Attorney 1: 

Jimmy W. Bilbo and Brent McIntosh, Cleveland, Tennessee, for the appellants, Amanda Gilreath and Jason Gilreath.

Attorney 2: 

Arthur P. Brock and Drew H. Reynolds, Chattanooga, Tennessee, for the appellee, Chattanooga-Hamilton County Hospital Authority, individually and d/b/a Erlanger Health System.

Judge: 
MCCLARTY