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Posted by: Tanja Trezise on Jan 28, 2021

A father challenges the trial court’s child support determination, property division, and attorney fee award. In its calculation of gross income for child support purposes, the trial court properly declined to give the father credit for retirement benefits awarded as part of the property division. If the value of the father’s retirement benefits has significantly appreciated since the time of the divorce, the father may bring a petition to modify the child support award to reflect an increase in the mother’s gross income. We affirm the decision of the trial court in all respects.

Posted by: Tanja Trezise on Jan 27, 2021

The Defendant, Javian Jakeil Hawkins, appeals from his twenty-five-year sentence imposed for his second degree murder conviction, contending that the trial court abused its discretion by imposing the maximum in-range sentence and by denying his motion to reduce sentence pursuant to Tennessee Rule of Criminal Procedure 35. Following our review, we affirm; however, we remand for correction of a clerical error on the judgment form.

Posted by: Tanja Trezise on Jan 27, 2021

The Pro Se Defendant, James Earl Gordon, appeals the trial court’s summary denial of his motion to correct an illegal sentence, pursuant to Tennessee Rule of Criminal Procedure 36.1, in which he argues that he received ineffective assistance of counsel and raises various constitutional issues. After thorough review, we affirm the denial of the motion.

Posted by: Tanja Trezise on Jan 27, 2021

A Knox County jury convicted the defendant, Baldomero Galindo, of first degree murder, for which he received a sentence of life imprisonment. In this delayed appeal, the defendant argues the trial court erred in denying his motion for mistrial following the late disclosure of several discovery materials in violation of Brady v. Maryland, 373 U.S. 83 (1963). After reviewing the record and considering the applicable law, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Jan 27, 2021

Plaintiff filed a claim in general sessions court for injuries she allegedly received when she fell in standing water on the defendant’s premises. Judgment was rendered in favor of the defendant, and the plaintiff appealed to circuit court. The defendant then filed a motion for summary judgment arguing that it owed no duty to the plaintiff and that she was at least 50% at fault for her injuries. In support, the defendant relied on plaintiff’s testimony from the trial in general sessions court. The circuit court granted the motion for summary judgment, and plaintiff again appealed. We vacate the judgment of the trial court.

Posted by: Tanja Trezise on Jan 27, 2021

The appellee, Ruan Swafford (“Appellee”), filed a motion to dismiss this appeal alleging that the notice of appeal was not timely filed. Because the notice of appeal was not timely filed, this Court lacks jurisdiction to consider this appeal.

Posted by: Tanja Trezise on Jan 27, 2021

A real estate broker filed a complaint against a client alleging that the client breached the parties’ brokerage agreement by purchasing a property and not paying a commission to the broker. The client filed a motion for summary judgment asserting that the brokerage agreement was void for vagueness because one of its provisions was illogical. The trial court disagreed with the client after concluding that any confusion was due to a simple drafting error. The trial court reformed the brokerage agreement to reflect the parties’ intentions and determined that the client breached the brokerage agreement as reformed. The trial court then, sua sponte, granted summary judgment to the real estate broker. We affirm.

Posted by: Tanja Trezise on Jan 27, 2021

This is a divorce case. Appellant Wife appeals the trial court’s division of property, arguing that the court erred in: (1) classifying the appreciation of her separate property as marital property; (2) excluding from the marital estate certain real property that Husband transferred to his father; (3) not finding that Husband dissipated the marital estate; and (4) inequitably dividing the estate. Wife argues that alimony in solido should have been granted in light of the inequitable division and that she should have been awarded her attorney’s fees. Wife also requests attorney’s fees incurred in this appeal. We affirm the trial court’s exclusion of the transferred property from the marital estate. We also conclude that Wife failed to prove dissipation by a preponderance of the evidence. However, we vacate the property division and remand for additional findings of fact with respect to the appreciation of Wife’s separate property, and for a reconsideration of the property division. The reconsideration of the property division necessitates a reconsideration of alimony; thus, we vacate the trial court’s denial of alimony in solido and remand for proceedings consistent with this opinion. We award Wife’s attorney fees for this appeal.

Posted by: Tanja Trezise on Jan 26, 2021

ROGERS, Circuit Judge. REDACTED, who is currently serving a federal prison sentence, provided substantial assistance to the Government in a murder investigation regarding a fellow inmate. REDACTED’s help allowed the Government to solve the murder case and have a prosecutable case. The Government in turn recommended that the district court reduce REDACTED’s sentence by 12 to 18 months. The court decided on the same day that the Government filed its motion for a sentence reduction that a 12-month reduction was appropriate. However, the district court erred by not allowing REDACTED the opportunity to respond to the Government’s motion.

Accordingly, we vacate the district court’s order, but deny the request for reassignment. We remand the case to the district court for further proceedings consistent with this opinion.

Posted by: Tanja Trezise on Jan 26, 2021

BERNICE BOUIE DONALD, Circuit Judge. Church Joint Venture, L.P. (“CJV”) appeals the Bankruptcy Appellate Panel’s (“BAP”) order affirming the bankruptcy court’s grant of summary judgment to Earl Bernard Blasingame and Margaret Gooch Blasingame (collectively “the Blasingames”). The bankruptcy court determined that a malpractice claim against the attorneys assisting the Blasingames in their bankruptcy filing is property of the Blasingames, and not the bankruptcy estate. We AFFIRM.


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