TN Court of Appeals

ROBIN ANN LONGSTRETH V. PHILLIP ANDREW LONGSTRETH

The issues on appeal arise from a final decree of divorce following a 27-year marriage in which Wife is clearly the economically disadvantaged spouse. The trial court awarded Wife the divorce, divided the property, and awarded Wife alimony in futuro and approximately one-third of the attorney’s fees she requested. Both spouses appeal. Husband contends the trial court erred by awarding Wife alimony in futuro, insisting she could be rehabilitated. Husband also contends Wife had sufficient resources to pay all of her attorney’s fees.

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Attorney 1: 

Matthew D. Dunn, Brentwood, Tennessee, for the appellant, Phillip Andrew Longstreth.

Attorney 2: 

Lisa Eischeid, Murfreesboro, Tennessee, for the appellee, Robin Ann Longstreth.

Judge: 
CLEMENT

IN RE MATTHEW T.

The parents of a son born in May 2013 appeal the termination of their parental rights. In December 2013, the son was removed from his parents’ custody after law enforcement discovered that he was living in a home with two methamphetamine labs. After a hearing, the juvenile court entered an order finding that the son was dependent and neglected and that the parents had committed severe abuse as defined in Tenn. Code Ann. § 37-1- 102(b)(21). Parents did not appeal this order.

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Attorney 1: 

Brandon J. Cox, Smithville, Tennessee, for the appellant, Matthew T. 1

Attorney 2: 

Gayla C. Hendrix, Smithville, Tennessee, for the appellant, Erica T. Herbert H. Slatery III, Attorney General and Reporter, and Rebekah A. Baker, Senior Counsel, Nashville, Tennessee, for the appellee, State of Tennessee Department of Children’s Services. Jean Ann Hall, Hartsville, Tennessee, guardian ad litem for the minor, Matthew T.

Judge: 
CLEMENT

RODGER LEE MOON v. CAROLYN O’DAY MOON

Husband and Wife were married for approximately three years when Husband filed a complaint seeking a divorce. Wife filed a counter-complaint seeking a divorce as well. The trial court awarded Wife a divorce, classified the parties’ assets as separate or marital, and divided the marital estate. The trial court also awarded Wife transitional alimony for a period of two years.

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Attorney 1: 

John D. Lockridge and Michael J. Bock, Knoxville, Tennessee, for the appellant, Rodger Lee Moon.

Attorney 2: 

Jennifer L. Chadwell, Oak Ridge, Tennessee, for the appellee, Carolyn O’Day Moon.

Judge: 
BENNETT

WILLIAM W. YORK v. TENNESSEE BOARD OF PAROLE

This appeal arises from the denial of parole. The Tennessee Board of Probation and Parole found that the inmate’s release from custody would depreciate the seriousness of the crime of which he was convicted. The inmate filed a petition for common law writ of certiorari, alleging violations of the Ex Post Facto Clause of the state and federal constitutions. The trial court dismissed the petition. On appeal, the inmate alleges the same state and federal constitutional violations.

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Attorney 1: 

William W. York, Mountain City, Tennessee, appellant, pro se.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Andrée S. Blumstein, Solicitor General; and Pamela S. Lorch, for the appellee, Tennessee Board of Probation and Parole.

Judge: 
MCBRAYER

ELIZABETH MESMER COCKE v. THOMAS LAWRENCE HUNT COCKE

This is an appeal of an order granting a reduction in child support. Mother appeals the trial court’s finding that she is voluntarily underemployed and alleges that the trial court improperly modified the parties’ parenting plan sua sponte. We conclude that the trial court did not modify the parenting plan in this case and affirm the order of the trial court.

Attorney 1: 

John Shackelford Colley, III, Columbia, Tennessee, for the appellant, Elizabeth Mesmer Cocke.

Attorney 2: 

Grant Charles Glassford, Brentwood, Tennessee, for the appellee, Thomas Lawrence Hunt Cooke.

Judge: 
GIBSON

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