TN Court of Appeals

IN RE LA’TRIANNA W.

This appeal involves the termination of a father's parental rights to his minor child. Following a bench trial, the trial court found that clear and convincing evidence existed to support the termination of his rights on the statutory ground of mental incompetence. The court further found that termination was in the best interest of the child. The father appeals. We affirm.

Attorney 1: 

Gregory E. Bennett, Seymour, Tennessee, for the appellant, Albert L. C.

Attorney 2: 

Herbert H. Slatery, III, Attorney General and Reporter, and M. Cameron Hines, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee, Department of Children's Services.

Judge: 
MCCLARTY

WILLIAM LANE LANIER v. CORIE J. LANIER

The Mother and Father of three children were divorced in 2007; in the parenting plan Father was designated primary residential parent, and Mother and Father received equal parenting time. Five years after entry of the plan, the trial court found a material change in circumstances with respect to the oldest child; determined that modification of the parenting plan was in her best interest; and reduced Mother‘s parenting time with that child.

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Attorney 1: 

Michael T. Fort and William P. Holloway, Franklin, Tennessee, for the appellant, Corie Dizol.

Attorney 2: 

Quinn Brandon Stewart, Lewisburg, Tennessee, for the appellee, William Lanier.

Judge: 
DINKINS

JOHN ANTHONY GENTRY v. KATHERINE WISE GENTRY

Appellant seeks review of three appellate judges’ denial of his motion asking them to recuse themselves. We find no bias, and no error, in the matters appellant raises and therefore deny the motion to recuse the judges.

Attorney 1: 

John Anthony Gentry, Goodlettsville, Tennessee, Pro Se.

Attorney 2: 

Pamela Anderson Taylor, Nashville, Tennessee, for the appellee, Katherine Wise Gentry.

Judge: 
BENNETT

VALERIE MILLER v. JACKSON-MADISON COUNTY GENERAL HOSPITAL DISTRICT, ET AL.

This is a case, brought pursuant to the Tennessee Governmental Tort Liability Act, involving a plaintiff who was injured when she slipped and fell in a municipal hospital owned and operated by the defendant. The plaintiff alleged that she suffered injuries after slipping in water that was on the hospital's floor. Following a bench trial, the trial court found that the defendant had no actual or constructive notice of the water and entered judgment in its favor. The plaintiff appealed. We affirm.

Attorney 1: 

Christopher L. Taylor, Memphis, Tennessee, for the appellant, Valerie Miller.

Attorney 2: 

Patrick W. Rogers, Jackson, Tennessee, for the appellees, Jackson-Madison County General Hospital District and West Tennessee Healthcare, Inc.

Judge: 
GOLDIN

MARK W. LOVETT v. FRANK LYNCH, ET AL.

Appellant, the first, but not the highest nor successful bidder on a piece of real property in a delinquent tax property sale, filed a quo warranto action alleging that the tax sale was conducted illegally. The trial court dismissed appellant’s suit for lack of standing because the property at issue had been redeemed by an individual with a mortgage on the property. Discerning no error, we affirm.

Attorney 1: 

Mark W. Lovett, Sewanee, Tennessee, Pro Se.

Attorney 2: 

David J. Ward and Alix C. Michel, Chattanooga, Tennessee, for the appellee, Frank Lynch, Randy Kelly, and Ben Lynch.

Judge: 
STAFFORD

ACE DESIGN GROUP, INC. v. GREATER CHRIST TEMPLE CHURCH, INC.

Appellant/Church appeals the trial court’s entry of default judgment against it and the trial court’s award of damages for breach of contract in favor of Appellee, an architectural and design firm. Appellee served its complaint for breach of contract on Appellant’s registered agent at an address other than the one listed with the Secretary of State. The trial court found that service was proper and entered default judgment against Appellant for failure to appear.

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Attorney 1: 

David Matthew Rich, Nashville, Tennessee, for the appellant, Greater Christ Temple Church, Inc.

Attorney 2: 

Timothy W. Burrow, Nashville, Tennessee, for the appellee, Ace Design Group, LLC.

Judge: 
ARMSTRONG

KATHY HUDSON v. WILLIAM T. HUDSON

This is the second appeal of this case. In the first appeal, the Husband appealed the trial court’s valuation of the marital assets and its overall distribution of the marital estate. Appellant Husband now appeals the trial court’s adoption of Appellee Wife’s property survey dividing certain real property. Husband also appeals the trial court’s valuation of a tractor and attachments, which were awarded to Wife in the final decree of divorce.

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Attorney 1: 

Stuart Brian Breakstone, Memphis, Tennessee, and Leanne Thorne, Lexington, Tennessee for the appellant, William T. Hudson.

Attorney 2: 

George D. Norton, Jr., Selmer, Tennessee, for the appellee, Kathy Hudson.

Judge: 
ARMSTRONG

SAMUEL CHANDLER v. CYNTHIA PERKINS FRAZIER A/K/A CYNTHIA EDWARDS

Appellant appeals the trial court’s dismissal of his complaint to quiet title. Appellant claimed that Appellee’s title was procured by fraud. The trial court denied relief. Because the trial court’s order does not contain sufficient findings and conclusions of law as required by Tennessee Rule of Civil Procedure 52.01, we vacate the order and remand.

Attorney 1: 

Samuel Chandler, Memphis, Tennessee, appellant, pro se.

Attorney 2: 

Cynthia Perkins Frazier, Memphis, Tennessee, appellee, pro se.

Judge: 
ARMSTRONG

IN RE ESTATE OF ELLRA DONALD BOSTIC

Decedent’s sister was appointed as executor of the estate and subsequently filed a will contest complaint regarding a single bequest in the will. The trial court removed sister as executor and appointed an administrator pendente lite. Ultimately, the trial court dismissed sister’s will contest on the basis that the sister was estopped from attacking the will after her appointment as executor. Sister appeals. We affirm the trial court’s ruling with regard to sister’s standing to contest the will.

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Attorney 1: 

Jerry J. Fabus, Jr., Johnson City, Tennessee, for the appellant, June Bostic Lane.

Attorney 2: 

Russell W. Adkins, Kingsport, Tennessee, for the appellee, Linda M. Mullins.

David L. Robbins, Johnson City, Tennessee, for the appellee, Estate of Ellra Donald Bostic.

Judge: 
STAFFORD

FRANKLIN HOWARD v. TENNESSEE DEPARTMENT OF CORRECTION, ET AL.

This appeal arises from a declaratory judgment action filed by a prisoner to challenge the Tennessee Department of Correction's manner of applying sentence reduction credits to his consecutive sentences. The trial court granted summary judgment to the Department of Correction upon concluding that it properly calculated the petitioner's sentences and credits. We affirm.

Attorney 1: 

Franklin Howard, Only, Tennessee, Pro se.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter, and Charlotte Montiel Davis, Assistant Attorney General, Nashville, Tennessee, for the appellees, Tennessee Department of Correction and Derrick Schofield.

Judge: 
GIBSON