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Posted by: Tanja Trezise on Nov 29, 2021

This appeal concerns easement rights. The Park Place Community Association, Inc. (“the PPCA”) and the Park Place Boat Dock Association, Inc. (“the PPBDA”) (“Plaintiffs,” collectively) filed suit in the Chancery Court for Washington County (“the Trial Court”) against Gary Phillips Construction, LLC and Gary Phillips (“Phillips”).1 Plaintiffs sought access to a certain boat dock and sun deck on Boone Lake over a strip of land previously owned by the community’s developer that Phillips bought at a bankruptcy auction. After a trial, the Trial Court found Plaintiffs had proven the elements of an easement by implication and an easement by necessity over the property at issue. Phillips appeals raising a number of issues, including whether Plaintiffs have standing. We find, inter alia, that Plaintiffs have standing to bring this action. We further find that lake access has been, and is, essential for Plaintiffs’ use and beneficial enjoyment of Park Place, in some instances representing the exclusive reason why people bought their homes in the community. Plaintiffs have proven the elements of an easement by implication and an easement by necessity. We affirm the judgment of the Trial Court in all respects.

Posted by: Tanja Trezise on Nov 29, 2021

At issue in this appeal is the trial court’s characterization of the alimony obligation in the parties’ divorce decree. The trial court determined that the alimony is part alimony in solido and part alimony in futuro. Based in part on this conclusion, the court denied Husband’s petition to modify his alimony obligation. The trial court also entered judgment against Husband for alimony arrearages, life insurance premiums, and Wife’s discretionary costs and attorney’s fees. Additionally, the court found Husband in contempt for failing to pay alimony and life insurance premiums. Because we conclude the trial court mischaracterized the alimony at issue, we affirm in part, reverse in part, and vacate in part its judgment.

Posted by: Tanja Trezise on Nov 29, 2021

An out-of-state resident filed a petition for declaratory judgment to challenge the constitutionality of certain amendments to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, Tenn. Code Ann. § 40-39-201 et seq., as applied to him. The petition named the State of Tennessee and the Tennessee Bureau of Investigation as respondents. The respondents moved to dismiss, and the trial court granted their motions on several grounds. Because the petitioner did not appeal all of the trial court’s grounds for dismissal, we affirm.

Posted by: Tanja Trezise on Nov 29, 2021

A mortgage company appeals the dismissal of its lawsuit against an appraisal company and its employee as barred by the applicable statute of limitations. The appraisal company and its employee urge this Court to affirm the dismissal of the lawsuit and to award them attorney’s fees under Tennessee Code Annotated section 20-12-119(c). We affirm the dismissal of the mortgage company’s action against the appraisal company and its employee. We conclude, however, that section 20-12-119(c) does not authorize the award of attorney’s fees incurred for appellate work.

Posted by: Tanja Trezise on Nov 29, 2021

A mother appeals the termination of her parental rights, arguing only that the court abused its discretion in denying her motion to continue the trial. Upon our review of the record, we affirm the juvenile court’s denial of the motion to continue. The record contains clear and convincing evidence to support the grounds on which the mother’s rights were terminated and to support a conclusion that termination was in the children’s best interest; accordingly, we affirm the judgment of the juvenile court terminating the mother’s parental rights.

Posted by: Tanja Trezise on Nov 29, 2021

Week of November 22, 2021 - November 26, 2021

Posted by: Tanja Trezise on Nov 24, 2021

In this post-divorce case, Father appeals the trial court’s order allowing Mother to relocate with the parties’ son from the Memphis area to Houston, Texas. Discerning no reversible error, we affirm.

Posted by: Tanja Trezise on Nov 23, 2021

Question: Whether Tenn. Code Ann. § 16-2-506(4)(A) is intended to provide for one chancellor shared by Judicial Districts 4 and 5, or whether it is intended to apply only to the incumbent and ceases with the retirement of the incumbent chancellor.

Opinion: The plain language of Tenn. Code Ann. § 16-2-506(4)(A) reflects the legislative intent that one chancellor is to continue to serve both the Fourth and Fifth Judicial Districts and that one chancellor is to be elected by the qualified voters of both districts and may reside in either district.

Posted by: Tanja Trezise on Nov 23, 2021

This is a divorce case. On appeal, the husband raises issues about the trial court’s property division and spousal support award. We generally affirm the trial court’s judgment. For the reasons discussed herein, however, we vacate the trial court’s partition of Husband’s railroad retirement pension benefits, not because of any error with the intended disposition, but for the entry of an order that is fully compliant with 20 C.F.R. § 295.3.

Posted by: Tanja Trezise on Nov 23, 2021

LARSEN, Circuit Judge. Bryan Presley pleaded guilty to participating in a conspiracy to burglarize pharmacies and to a related assault of a police officer. Though Presley’s plea agreement contained an appellate waiver, he now challenges his sentence. The government moved to dismiss. For the reasons stated below, we GRANT the government’s motion and DISMISS this appeal.


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