TN Court of Appeals

CARLENE GUYE JUDD ET AL. V. CARLTON GUYE ET AL.

This shareholder derivative action involves a closely-held corporation founded by the plaintiff’s parents. In 1995, the parents sold all of the outstanding shares to the plaintiff and her brother on credit. A promissory note and security agreement were executed in conjunction with the sale. After managing the corporation with her brother for several years, the plaintiff filed this derivative action against her brother and parents, seeking to recover corporate funds her brother was allegedly using for personal expenses and to dissolve the corporation.

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Attorney 1: 

Dan E. Huffstutter, Nashville, Tennessee, for the appellants, Carl Guye, Sr. and Juanita Guye.

Attorney 2: 

Jay S. Bowen and Lauren Kilgore, Nashville, Tennessee, for the appellee, Carlene Guye Judd.

Judge: 
CLEMENT

TIMOTHY JAMES HARDIN v. VERONICA HENSLEY-HARDIN

Correction: The names of the Attorney's for the parties was reversed. Their names have been corrected.

This appeal concerns a divorce action in which the trial court referred all issues to a special master. As pertinent to this appeal, the special master recommended awarding the parties a divorce based upon stipulated grounds and found that the husband was entitled to an award of alimony in solido and retroactive child support. The special master’s detailed report also contained specific recommendations concerning the classification and division of the marital property. Both parties filed exhaustive exceptions to the report. Following a hearing, the trial court adopted the report.

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Attorney 1: 

Steven E. Marshall, Sevierville, Tennessee, for the appellant, Veronica Hensley-Hardin.

Attorney 2: 

Cynthia R. Wyrick, Sevierville, Tennessee, for the appellee, Timothy James Hardin.

Judge: 
MCCLARTY

TIMOTHY JAMES HARDIN v. VERONICA HENSLEY-HARDIN

CORRECTION: The names of the Attorney's for the parties was reversed. Their names have been corrected.

This appeal concerns a divorce action in which the trial court referred all issues to a special master. As pertinent to this appeal, the special master recommended awarding the parties a divorce based upon stipulated grounds and found that the husband was entitled to an award of alimony in solido and retroactive child support. The special master‟s detailed report also contained specific recommendations concerning the classification and division of the marital property. Both parties filed exhaustive exceptions to the report. Following a hearing, the trial court adopted the report.

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Attorney 1: 

Steven E. Marshall, Sevierville, Tennessee, for the appellant, Veronica Hensley-Hardin.

Attorney 2: 

Cynthia R. Wyrick, Sevierville, Tennessee, for the appellee, Timothy James Hardin.

Judge: 
MCCLARTY

FEDERAL NATIONAL MORTGAGE ASSOCIATION v. DANNY O. DANIELS

This appeal arises from the trial court’s grant of summary judgment in favor of Plaintiff in an unlawful detainer action. The property at issue was sold in a foreclosure sale, and the purchaser assigned its interest in the property to Plaintiff. Plaintiff filed this unlawful detainer action seeking possession of the property from Defendant. The General Sessions Court entered judgment in favor of Plaintiff, and Defendant appealed to the Circuit Court.

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Attorney 1: 

Stephen R. Leffler, Memphis, Tennessee, for the appellant, Danny O. Daniels.

Attorney 2: 

Edward D. Russell, Brentwood, Tennessee, for the appellee, Federal National Mortgage Association.

Judge: 
GOLDIN

IN RE C.M.

This is a dependency and neglect case. Appellants adopted the minor child, who is the subject of this appeal, from China. Thereafter, Appellee Tennessee Department of Children‘s Services received a referral that the child was dependent and neglected. The Juvenile Court held that the child was dependent and neglected and was the victim of severe abuse at the hands of Appellants. Appellants sought a de novo review in the Circuit Court. Following a hearing, the Circuit Court held that the child was the victim of severe child abuse and was, therefore, dependent and neglected.

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Attorney 1: 

Connie Reguli, Brentwood, Tennessee, for the appellants, D.M. and M.N.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter, and Paul Jordan Scott, Assistant Attorney General, for the appellee, Tennessee Department of Children‘s Services.

Judy A. Oxford, Franklin, Tennessee, Guardian Ad Litem.

Judge: 
ARMSTRONG

SUSAN WEAVER JONES v. KNOX COUNTY BOARD OF EDUCATION, ET AL.

This appeal concerns a tenured teacher‟s challenge to her transfer to a different job position. Susan Weaver-Jones1 (“Jones”) sued the Knox County Board of Education (“the Board”) and Dr. James McIntyre (“McIntyre”), Superintendent of Knox County Schools, (“Defendants,” collectively) in the Chancery Court for Knox County (“the Trial Court”). Jones alleged that her transfer from Instructional Coach to classroom teacher was arbitrary, capricious, and contrary to law. Defendants filed a motion to dismiss pursuant to Tenn. R. Civ. P. 12.02(6).

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Attorney 1: 

Richard L. Colbert and Courtney L. Wilbert, Nashville, Tennessee, for the appellant, Susan Weaver-Jones.

Attorney 2: 

David M. Sanders, Knoxville, Tennessee, for the appellees, Knox County Board of Education and Dr. James McIntyre.

Judge: 
SWINEY

STEVEN A. HOLDSWORTH v. WENDY ALFORD HOLDSWORTH

Correction: The Correction is as follows: A non-substantive change was made on pages 3, 4, 5, 7, 9, 10, 11, 12, 14, 16, 17, 18, 19, 20, 21, 22, 23, 27, 29 41, and 46 in which a non-party name was changed to Paramour.

This is an appeal from an extremely contentious divorce. The parties married in 1994 and had one child together during the marriage. Husband filed for divorce in 2011. In July 2013, the trial court entered a final decree of divorce. Among other things, the trial court found that Husband dissipated marital assets by writing checks to his girlfriend totaling $15,633 and ordered Husband to reimburse Wife that amount. The trial court also entered a permanent parenting plan that designated Wife the primary residential parent and provided a residential parenting schedule.

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Attorney 1: 

Amy J. Farrar, Murfreesboro, Tennessee, and Lanier Fogg, Memphis, Tennessee, for the appellant, Steven A. Holdsworth.

Attorney 2: 

George Lawrence Rice, III and Mary Louise Wagner, Memphis, Tennessee, for the appellee, Wendy Alford Holdsworth.

Judge: 
GIBSON

TIMOTHY JAMES HARDIN v. VERONICA HENSLEY-HARDIN

This appeal concerns a divorce action in which the trial court referred all issues to a special master. As pertinent to this appeal, the special master recommended awarding the parties a divorce based upon stipulated grounds and found that the husband was entitled to an award of alimony in solido and retroactive child support. The special master‟s detailed report also contained specific recommendations concerning the classification and division of the marital property. Both parties filed exhaustive exceptions to the report. Following a hearing, the trial court adopted the report.

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Attorney 1: 

Steven E. Marshall, Sevierville, Tennessee, for the appellant, Veronica Hensley-Hardin.

NOTE: The TBA was notified by counsel involved in the case that the court erroneously reported Cynthia R. Wyrick as counsel for the appellant. The opinions will be corrected when confirmed by the court. 

 

Attorney 2: 

Cynthia R. Wyrick, Sevierville, Tennessee, for the appellee, Timothy James Hardin.

NOTE: The TBA was notified by counsel involved in the case that the court erroneously reported Steven E. Marshall as counsel for the appellee. The opinions will be corrected when confirmed by the court. 

 

 
Judge: 
MCCLARTY

DAVID JONES, ET AL. v. CITY OF UNION CITY, TENNESSEE

This appeal involves three former police officers who were terminated from their employment with the Union City Police Department. They filed this lawsuit claiming that they were terminated solely for refusing to remain silent about illegal activities, in violation of the Tennessee Public Protection Act, Tenn. Code Ann. § 50-1-304.

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Attorney 1: 

Anne Hunter Williams, Heather Moore Collins, Brentwood, Tennessee, and Michael L. Russell, Franklin, Tennessee, for the appellants, David Jones, Randy O’Dell, and Ashley Thompson Merrill.

Attorney 2: 

Pamela G. Vawter and Michael R. Hill, Milan, Tennessee, for the appellee, City of Union City, Tennessee.

Judge: 
GIBSON

JOEL A. CONKIN, ADMINISTRATOR WITH WILL ANNEXED OF THE ESTATE OF MATTIE L. METTETAL v. RAY W. METTETAL, JR., M.D., ET AL.

Ray W. Mettetal, Jr., M.D. (“Dr. Mettetal”) and Ray W. Mettetal, Jr., M.D., Inc. (“Corporation”) appeal the judgment of the Chancery Court for Washington County (“the Trial Court”) finding and holding, inter alia, that Dr. Mettetal breached his fiduciary duty to Mattie L. Mettetal (“Deceased”), improperly converted Deceased’s funds to his benefit and the benefit of his Corporation, and failed to show that the funds were in keeping with gifts pursuant to Tenn. Code Ann. § 34-6-110. We find and hold that the evidence does not preponderate against the Trial Court’s findings, and we affirm.

Attorney 1: 

Harry Curtis Williams, Johnson City, Tennessee, for the appellants, Ray W. Mettetal, Jr., M.D. and Ray W. Mettetal, Jr., M.D., Inc.

Attorney 2: 

Richard M. Currie, Jr., Kingsport, Tennessee, for the appellee, Joel A. Conkin, Administrator With Will Annexed of the Estate of Mattie L. Mettetal.

Judge: 
SWINEY