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Posted by: Tanja Trezise on Dec 1, 2014

This appeal involves the interpretation of a marital dissolution agreement (“MDA”). Wife filed suit to clarify the terms of the MDA regarding the apportionment of Husband’s future military retirement. The trial court held that the MDA granted Wife twenty-five percent of Husband’s retirement benefits at the rank of captain, his rank at the time of divorce, including cost-of-living adjustments that will be in effect when he elects to retire.

Posted by: Tanja Trezise on Dec 1, 2014

The State of Tennessee Department of Children’s Services (“DCS”) filed a petition seeking to terminate the parental rights of Joann P.F. (“Mother”) and Gary A.M. (“Father”) to the minor children, Paige A.F., Tristan J.A.M., and Gaige D.W.M. (“the Children”). After a trial, the Juvenile Court for Anderson County (“the Juvenile Court”) terminated Mother’s and Father’s parental rights to the Children after finding that clear and convincing evidence was proven of grounds to terminate Mother’s and Father’s parental rights for substantial noncompliance with the permanency plan pursuant to Tenn.

Posted by: Tanja Trezise on Dec 1, 2014

S.R. (Mother) and D.M.S. (Father) challenge the order (1) terminating their parental rights with respect to their minor son, E.L.R. (the Child) and (2) approving the adoption of the Child by his legal custodian and maternal grandmother, E.W. (Grandmother) and her husband, T.C.W. Jr. (T.W.) (collectively, Grandparents). After a trial, the court found, by clear and convincing evidence, that (1) grounds for termination exist as to both Mother and Father and (2) termination is in the best interest of the Child.

Posted by: Tanja Trezise on Dec 1, 2014

This appeal arises from a divorce. Sheila Christine Jones Calloway (“Wife”) sued Willard Randall Calloway (“Husband”) for divorce in the Chancery Court for Roane County (“the Trial Court”). The Trial Court granted Wife a divorce on the ground of adultery by Husband. The Trial Court equally divided the parties’ marital residence but awarded Husband’s onehalf interest in the marital residence to Wife as alimony in solido. The Trial Court also awarded Wife alimony in futuro and attorney’s fees. Husband appeals.

Posted by: Tanja Trezise on Dec 1, 2014

Plaintiffs filed suit against their property insurer for breach of their homeowner’s insurance policy to recover for damages sustained to their home as a result of a tornado; Plaintiffs also alleged that Defendant violated the Tennessee Consumer Protection Act (“TCPA”). A jury found that Defendant’s actions violated the TCPA and awarded damages to Plaintiffs. Finding Defendant’s conduct to be willful, the trial court doubled the jury’s award; the court also awarded Plaintiffs attorneys fees and costs. Defendant appeals.

Posted by: Tanja Trezise on Dec 1, 2014

Phyllis Louise Bige, a former police officer with the City of Etowah, brought this retaliatory discharge action against the City, alleging that she was fired because of her failure to meet a quota for citations. Her claim was predicated on Tenn. Code Ann § 39-16-516 (2014).

Posted by: Tanja Trezise on Dec 1, 2014

The primary issue in this divorce case is whether the trial court erred in failing to find that Sherry Juanita Carter Berkshire (Wife) was entitled to long-term alimony in futuro from Edwin Carl Berkshire, III (Husband). Instead, the court awarded four months of transitional alimony. Wife, who was sixty at the time of the divorce, has numerous health problems and is totally and permanently disabled. Husband, who is twenty years her junior, is able-bodied and works as an automobile mechanic, with an earning capacity of at least $62,000 per year.

Posted by: Tanja Trezise on Nov 26, 2014

An employee sustained a work-related injury to his back and leg and returned to work but eventually resigned due to his continued back and leg pain. The trial court found that the employee established a compensable injury, did not have a meaningful return to work, and awarded sixty-eight percent permanent partial disability benefits. The employer appealed, alleging that the trial court erred in finding that the employee did not have a meaningful return to work and in awarding excessive benefits. We affirm the trial court’s judgment.

Posted by: Tanja Trezise on Nov 26, 2014

An employee injured his head, neck, and back in a tractor-trailer accident while working for his employer. The employee was ultimately diagnosed with a nerve-entrapment condition, which the employer denied was caused by the accident. The trial court found in the employee’s favor and awarded benefits. The employer appeals asserting that the trial court erred in excluding the expert testimony of an accident reconstruction engineer on the issue of causation. After a thorough review of the record, we conclude that the trial court erred by excluding portions of the expert’s testimony.

Posted by: Tanja Trezise on Nov 26, 2014

Appellant, Justin Andrew Jones, pleaded guilty to driving under the influence of an intoxicant and was sentenced to eleven months and twenty-nine days, suspended to probation after forty-eight hours of incarceration. As part of the plea agreement, appellant reserved a certified question of law in which he challenged the denial of his motion to suppress.


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