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Posted by: Tanja Trezise on Apr 30, 2015

At issue in this appeal is a custody dispute between Albert Franklin Summers (“Father”) and Nakisha Layne (“Mother”). In addition to finding that Mother failed to comply with the parental relocation statute codified at Tennessee Code Annotated § 36-6-108, the trial court determined that it would be in the minor child's best interests to designate Father as the primary residential parent.

Posted by: Tanja Trezise on Apr 30, 2015

This appeal arises from a suit by a borrower against a bank and its servicing agent. In its amended complaint, the borrower sought to enjoin a foreclosure sale and set aside the assignment of the deed of trust. Additionally, the borrower sought damages for several statutory violations, including alleged violations of the Tennessee Consumer Protection Act (“TCPA”). Though the trial court granted summary judgment in favor of the defendants on most of the claims, there is no final judgment with regard to the borrower’s TCPA claim.

Posted by: Tanja Trezise on Apr 30, 2015

This appeal arises out of a dispute regarding parenting time and child support obligations. After Father’s paternity was established, a magistrate judge named Mother the primary residential parent and granted her 230 days of parenting time. The magistrate judge granted Father 135 days. Father was ordered to pay $156 in monthly child support, plus $50 per month towards his arrearage. After Mother’s request for rehearing, the juvenile court judge conducted a de novo hearing. The juvenile court granted Mother 285 days of parenting time and Father only 80.

Posted by: Tanja Trezise on Apr 30, 2015

Father appeals the parenting schedule contending it is not supported by the evidence and that the trial court erred by implicitly basing the parenting schedule on an erroneous legal standard, the tender years doctrine. Decisions concerning parenting plans are reviewed based on the deferential abuse of discretion standard. Nevertheless, discretionary decisions must be based on the applicable law and the relevant facts; accordingly, they are not immune from meaningful appellate review. In all actions tried upon the facts without a jury, the trial court is required, pursuant to Tenn. R. Civ.

Posted by: Tanja Trezise on Apr 30, 2015

Mother, whose daughter was placed in custody of the Department of Children's Services at birth, appeals the termination of her parental rights on grounds of substantial non-compliance with the permanency plans and persistence of conditions. Finding no error, we affirm the termination of Mother's rights.

Posted by: Tanja Trezise on Apr 30, 2015

This is an appeal by a tenured teacher seeking relief for the school board?s failure to comply with the procedures set forth in the Tennessee Teacher Tenure Act for her termination. After receiving notice of charges pending against her, the teacher demanded a hearing before the school board. Pursuant to the Tenure Act, the school board was required to conduct a hearing on the charges within thirty days of the teacher?s demand. The school board failed to do so.

Posted by: Tanja Trezise on Apr 30, 2015

Mother challenges the modification of the parenting plan, specifically the designation of Father as the primary residential parent and the new parenting schedule. Mother contends that the trial court’s best interest determination was flawed because the trial court failed to consider the expert testimony of a psychologist who examined the child in Tennessee. She also contends the court erred by failing to require the guardian ad litem to investigate the records of a psychologist who examined the child in Georgia.

Posted by: Tanja Trezise on Apr 30, 2015

Father and Mother were divorced in Kentucky. As part of the divorce, they entered into an agreed custodial arrangement that granted them equal time with their child. Both parties subsequently relocated to Tennessee and now live within sixty miles of each other. Mother filed a petition to register the Kentucky plan and modify residential parenting time. Following a trial, the Tennessee court concluded that a material change in circumstance had occurred and modification of the parenting schedule was in the child?s best interest.

Posted by: Tanja Trezise on Apr 29, 2015

This is a workers’ compensation settlement reconsideration case. Jimmy Hensley (“Employee”) was injured in April 2005. He was able to return to his pre-injury job and settled his claim for permanent disability benefits in November 2007. In May 2010, he was terminated by his employer, Cocke Farmers Cooperative (“Employer”). The minutes of Employer’s board of directors state that Employee was terminated without cause. Employee then sought reconsideration of the workers’ compensation settlement.

Posted by: Tanja Trezise on Apr 29, 2015

The petitioner, Ginger Ilene Hudson Stump, pled guilty to seven counts of forgery, of which six were Class E felonies and one was a Class D felony. The trial court sentenced her as a career offender to twenty-four years in the Department of Correction. On direct appeal, this court affirmed the petitioner’s convictions and sentence. State v. Ginger Ilene Hudson Stump, No. M2012-02723-CCA-R3-CD, 2013 WL 5310526, at *1 (Tenn. Crim. App. Sept. 20, 2013). Subsequently, she filed a pro se petition for post-conviction relief, alleging she received the ineffective assistance of counsel.


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