TN Court of Appeals

MITCHELL L. BOWERS v. TENNESSEE DEPARTMENT OF CORRECTION ET AL.

Plaintiff contends the trial court erred by dismissing this action for failure to prosecute. The trial court dismissed the action because the case had been pending for more than one year but no summons had been issued. We affirm.

Attorney 1: 

Mitchell L. Bowers, Tiptonville, Tennessee, Pro se.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter; and Pamela S. Lorch, Senior Counsel, Nashville, Tennessee, for the appellee, Tennessee Department of Correction and Lois M. DeBerry Special Needs Facility.

Judge: 
CLEMENT

JANA HILL v. MICHAEL GANNON, ET AL.

This is a wrongful termination case. Appellant appeals the trial court’s grant of summary judgment on her claims of intentional interference with at-will employment and civil conspiracy on the part of Appellees. Because Appellant has not averred facts sufficient to make out a claim for intentional interference with at-will employment, we affirm the trial court’s grant of summary judgment on that claim. In the absence of an underlying tort, we also affirm the trial court’s dismissal of Appellant’s claim for civil conspiracy. Affirmed and remanded.

Attorney 1: 

William Gary Blackburn and Bryant Beatty Kroll, Nashville, Tennessee, for the appellant, Jana Hill.

Attorney 2: 

Nathan D. Rowell, Brian Robert Bibb, Knoxville, Tennessee, and Daniel H. Rader, III, and Daniel H. Rader, IV, Cookeville, Tennessee for the appellees, Michael Gannon, and Luke Collins.

Judge: 
ARMSTRONG

LINDSAY MEGHAN CRUTCHFIELD v. STATE OF TENNESSEE

A hearing-impaired student attending a state university was required to live in a dormitory on campus. The university installed a bed shaker and strobe light in the student’s room that would be triggered by the presence of smoke or by a doorbell installed outside the room. The student’s room also had a speaker above the door that was wired into the building’s fire alarm system that sounded an alarm if the dormitory’s fire alarm was activated.

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Attorney 1: 

Herbert H. Slatery, III, Attorney General and Reporter; Andrée S. Blumstein, Solicitor General; and Joseph Ahillen, Assistant Attorney General; for the appellant, State of Tennessee.

Attorney 2: 

Malcolm L. McCune and Mathew Zenner, Brentwood, Tennessee, and William A. Cameron, Cookeville, Tennessee, for the appellee, Lindsay Megan Crutchfield.

Judge: 
BENNETT

KENNETH R. VAUGHT v. GREEN BANKSHARES, INC., ET AL.

This appeal arises from an effort by a former bank employee to collect certain deferred compensation payments. Kenneth R. Vaught (―Vaught‖) filed a complaint against his former employer, Green Bankshares, Inc., and its wholly owned subsidiary, Greenbank (―Greenbank‖), in the Chancery Court for Knox County (―the Trial Court‖). Both sides agree Vaught is entitled to certain deferred compensation. The issue is the amount.

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Attorney 1: 

Edward H. Trent and Mary M. Helms, Knoxville, Tennessee, for the appellants, Green Bankshares, Inc. and Greenbank.

Attorney 2: 

Craig L. Garrett, Maryville, Tennessee, for the appellee, Kenneth R. Vaught. 

Colleen J. Boles, Assistant General Counsel, Kathryn R. Norcross, Senior Counsel, and, Jerome A. Madden, Counsel, Arlington, Virginia, for amicus curiae Federal Deposit Insurance Corporation.

Judge: 
SWINEY

CARDINAL HEALTH 108, INC., ET. AL. v. EAST TENNESSEE HEMATOLOGY-ONCOLOGY ASSOCIATES, P.C., ET. AL.

Original opinion published Jan. 14, 2016; correction published April 18, 2016. The Only Correction is as follows: Page 1, line 9, "Margaret Burns Fugate, for the appellant, Charles O. Famoyin" TO "McKenna Cox, for the appellant, Charles O. Famoyin"

This is a breach of contract action in which the trial court granted summary judgment to a creditor against defendant doctors. We affirm the grant of summary judgment.

Attorney 1: 

Thomas C. Jessee, Johnson City, Tennessee, for the appellant, M. Ray Lamb, MD.

Attorney 2: 

James E. Moon, Fort Myers, Florida, for the appellant, William R. Kincaid, MD.

McKenna Cox, Johnson City, Tennessee, for the appellant, Charles O. Famoyin, MD.

Rick J. Bearfield, Johnson City, Tennessee, for the appellees, Cardinal Health 108, Incorporated and Cardinal Health 200, LLC.

Judge: 
MCCLARTY

RICHARD JERONIMUS v. ZOILA MARIA JERONIMUS

Divorce proceeding in which Husband contends that the trial court erred in dividing the marital assets and debts, in setting parenting time, and determining that Wife is the economically disadvantaged spouse.

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Attorney 1: 

Mark Freeman, Nashville, Tennessee, for the appellant, Richard Jeronimus.

Attorney 2: 

Zoila Jeronimus, Franklin, Tennessee, Pro Se.

Judge: 
DINKINS

DEBORAH C. RUSSELL v. HSBC MORTGAGE SERVICES, INC. ET AL.

A homeowner alleges that a mortgage company promised her favorable terms to induce her to refinance her mortgage but the actual loan did not contain the terms discussed. She further alleges that company representatives led her to believe, after she received copies of some of the loan documents, that the discrepancy in the loan terms was a “mistake” that would be corrected. The homeowner filed this case against several entities, including the mortgage company.

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Attorney 1: 

Deborah Chandler Russell, appellant, Greenbrier, Tennessee, Pro Se.

Attorney 2: 

Jonathan Cole and Joy Boyd Longnecker, Nashville, Tennessee, for the appellee, HSBC Mortgage Services, Inc.

Judge: 
BENNETT

TENNESSEE DEPARTMENT OF CORRECTION v. DAVID PRESSLEY

Employee of the Tennessee Department of Correction filed an administrative appeal challenging the termination of his employment. The board of appeals reduced the termination to a fourteen-day suspension. On appeal to the trial court, the chancery court ruled that the burden of proof was improperly allocated to the Tennessee Department of Correction in the hearing before the board of appeals. We reverse the decision of the chancery court and conclude that the board of appeals properly allocated the burden to the Tennessee Department of Correction.

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Attorney 1: 

Frank J. Scanlon and Samuel P. Helmbrecht, Nashville, Tennessee, for the appellant, David Pressley.

Attorney 2: 

Bryce Coatney, Nashville, Tennessee, for the appellee, Tennessee Department of Correction.

Judge: 
STAFFORD

COVENANT HEALTH v. TENNESSEE HEALTH SERVICES AND DEVELOPMENT AGENCY, ET AL.

This appeal arises out of the Tennessee Health Services and Development Agency‘s decision to grant a certificate of need to a company to acquire and operate a linear accelerator; the decision was opposed by another company that operated a linear accelerator. After a contested case hearing, an administrative law judge issued an initial order holding that the certificate of need should not have been granted. On the applicant‘s appeal, the agency reviewed the initial order and reversed it.

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Attorney 1: 

Herbert H. Slatery, III, Attorney General and Reporter, Andree S. Blumstein, Solicitor General, and Sue A. Sheldon, Senior Counsel, for the appellant, Tennessee Health Services and Development Agency.

Attorney 2: 

W. Brantley Phillips, Jr., Jeffrey P. Yarbro, and Matthew J. Sinback, Nashville, Tennessee, for the appellant, East Tennessee Radiation Therapy Services, LLC.

Judge: 
DINKINS

IN RE F.N.M.

With W. NEAL MCBRAYER, J., dissenting.

This is a termination of parental rights case. F.N.M. (the child) was born out of wedlock while her biological father, W.C.G. (father), was incarcerated. Shortly after the child‟s birth, A.M.M. (mother) gave the child‟s physical custody to individuals, who would later choose to be the prospective adoptive parents. Soon thereafter, mother surrendered her parental rights to the child. The prospective adoptive parents filed a petition for adoption and termination of father‟s parental rights. Father opposed the adoption and filed a petition to establish paternity. After a hearing, the trial court found father to be the child‟s biological parent; but it also found that there is clear and convincing evidence supporting termination of his parental rights. Furthermore, the court found, by clear and convincing evidence, that termination is in the child‟s best interest. Father appeals. We modify the trial court‟s judgment. As modified, the judgment terminating father‟s rights is affirmed.

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Attorney 1: 

Marianna Williams and Richard J. Schoepke, Dyersburg, Tennessee, for the appellant, W.C.G.

Attorney 2: 

Imogene W. Bolin, Smyrna, Tennessee, and Mark J. Downton, Nashville, Tennessee, for the appellees, S.L.D. and B.W.D.

 Robert H. Plummer, III, Franklin, Tennessee, guardian ad litem for F.N.M.

Judge: 
SUSANO