TN Court of Appeals

KYLE KERNAN V. BEVERLY J. KERNAN NABORS, ET AL.

Post-divorce, a guardian was appointed for two minor children while their mother received treatment for substance abuse. The guardian, the half-brother of the minors, sought child support from both parents. The guardian alleges, inter alia, the trial court abused its discretion by adjusting for tax deductions before calculating the mother’s gross income for child support due and by allowing her credit for support in kind and purchases of necessities. We affirm the trial court’s findings.

Attorney 1: 

W. Andrew Fox, Knoxville, Tennessee, for the appellant, Kyle Wayne Kernan, Jr.

Attorney 2: 

Judith A. DePrisco, Knoxville, Tennessee, for the appellee, Beverly J. Kernan Nabors.

Judge: 
MCCLARTY

THERESA A. GREEN v. WILLIAM PHILLIP GREEN

In this divorce case, the wife proceeding pro se appeals the division of marital property and the trial court’s denial of her request for alimony. She also appeals the trial court’s award of court costs. She elected not to file a transcript or a statement of the evidence. Because the wife’s first two issues are factual in nature, the lack of transcript or statement of evidence prevents us from reaching the substance of the issues raised by the wife. We find no abuse of discretion by the trial court in assessing court costs. Accordingly, we affirm the judgment of the trial court.

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Attorney 1: 

Theresa A. Green, Clarksville, Tennessee, appellant, pro se.

Attorney 2: 

Edward E. DeWerff, Clarksville, Tennessee, for the appellee, William Phillip Green.

Judge: 
MCBRAYER

FIT2RACE, INC., ET AL. v. JANSON MILES POPE ET AL.

Defendants in a federal civil conspiracy case that was voluntarily dismissed filed a malicious prosecution case in state court against the plaintiff and his attorney. The plaintiff and his attorney filed motions for summary judgment, which the trial court granted. The defendants appealed, and we affirm the trial court’s judgment. When a plaintiff voluntarily dismisses a lawsuit, the dismissal does not constitute a “favorable termination” for purposes of satisfying the third element of a malicious prosecution lawsuit.

Attorney 1: 

Jeffrey A. Greene, Franklin, Tennessee, for the appellants, Fit2Race, Inc., Stefan Laursen, and Paul Lundgren.

Attorney 2: 

Nicholas M. Tidwell, Brentwood, Tennessee, for the appellee, Janson Miles Pope. Reba Brown and Brad W. Craig, Nashville, Tennessee, for the appellee, Phillip Leon Davidson.

Judge: 
BENNETT

IN RE DONNA R.1

Father of a child who was determined to be dependent and neglected shortly after her birth had his parental rights terminated on the grounds of abandonment by an incarcerated parent – failure to support; failure to provide a suitable home and wanton disregard; failure to substantially comply with the requirements of the permanency plan; and persistence of conditions. Father appeals, asserting that the evidence does not sustain the trial court’s findings relative to those grounds as well as the holding that termination was in the child’s best interest.

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Attorney 1: 

Gregory D. Smith, Clarksville, Tennessee, for the appellant, Curtis M.

Attorney 2: 

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

Judge: 
DINKINS

REGINA K. DEAL V. ROBERT C. TATUM

At issue is the ownership of real property. Plaintiff and Defendant divorced in 2001. In February 2005, they purchased a home as “tenants in common with right of survivorship.” Seven months later, in September 2005, Defendant transferred his interest in the property to Plaintiff by quitclaim deed. In March 2009, Plaintiff quitclaimed her interest in the property to Defendant. Neither quitclaim deed was recorded until a dispute arose in September 2014 following which Plaintiff commenced this action to set aside the 2009 quitclaim deed based on fraud.

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Attorney 1: 

Irene R. Haude, Nashville, Tennessee, for the appellant, Robert C. Tatum.

Attorney 2: 
Kirk Vandivort and Andrew E. Ellis, Dickson, Tennessee, for the appellee, Regina K. Deal.
Judge: 
CLEMENT

RENEE PEMBROKE (COOLEY) v. CHRISTOPHER EUGENE COOLEY

This appeal concerns a post-divorce modification of alimony. During the underlying divorce proceedings, the parties executed a marital dissolution agreement providing that the husband would make payments to the wife of $8,000 per month in transitional alimony for a period of five years followed by payments of $7,500 per month in alimony in futuro for a period of five years.

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Attorney 1: 

Leslie Gattas Coleman and Brent A. Rose, Memphis, Tennessee, for the appellant, Christopher Eugene Cooley.

Attorney 2: 

Lara E. Butler, Memphis, Tennessee, for the appellee, Renee Pembroke (Cooley).

Judge: 
GOLDIN

IN RE ESTATE OF MARIE ANDERSON YOUNG

The trial court denied a personal representative‟s fee request after concluding that the request did not comply with a local rule setting a personal representative‟s fee as a percentage of the value of the estate. We reverse and remand for the trial court to reconsider Appellant‟s fee request “in light of all the relevant circumstances.” In re Estate of Schorn, No. E2013- 02245-COA-R3-CV, 2015 WL 1778292, at *8 (Tenn. Ct. App. Apr. 17, 2015

Attorney 1: 

James Sampson Wilder, III, Dyersburg, Tennessee, for the appellant, Cathy Mumford Shelton.

Judge: 
STAFFORD

W & H LLC, ET AL. v. COMMUNITY BANK N.A. v. WILLIE NELSON

The trial court entered a final judgment confirming an arbitration award in favor of the appellee. Appellants appealed. Due to deficiencies in the appellants‟ brief to this Court, we conclude that they have waived their issues on appeal. The appeal is dismissed.

Attorney 1: 

Ted I. Jones, Memphis, Tennessee, for the appellants, Willie Nelson and W&H LLC.

Attorney 2: 

Robert F. Miller and Allison Kay Moody, Memphis, Tennessee, for the appellee, Community Bank, N.A.

Judge: 
STAFFORD

IN RE M.A.P. ET AL.

This is a termination of parental rights case. The Department of Children‟s Services (DCS) filed a petition to terminate the parental rights of A.C.P. (Mother) with respect to her three minor children, ages twenty-two months to six years at the time of trial. The trial court found clear and convincing evidence of grounds. The court found the same quantum of evidence supporting the conclusion that termination of Mother‟s rights is in the children‟s best interest.1 Mother appeals. As modified, we affirm the trial court‟s judgment.

Attorney 1: 

Daniel J. Cantwell, Kingsport, Tennessee, for the appellant, A.C.P.

Attorney 2: 

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

Judge: 
SUSANO

NATIONAL COAL, LLC v. BRENT GALLOWAY

This action concerns a petition to set aside a tax sale as void for lack of notice to the original property owner. The purchaser of the property filed a motion to dismiss, arguing that the original owner was not entitled to notice, that the petitioner received actual notice as the current owner, and that the petition was untimely. The petitioner countered with a motion for summary judgment. Following a hearing, the trial court dismissed the petition, finding that the petitioner received actual notice of the sale and that the time for filing such actions had passed. The petitioner appeals.

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Attorney 1: 

Timothy W. Jones, Sevierville, Tennessee, for the appellant, National Coal, LLC.

Attorney 2: 

Lewis S. Howard and Erin J. Wallen, Knoxville, Tennessee, for the appellee, Brent Galloway.

Judge: 
MCCLARTY