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Posted by: Tanja Trezise on Sep 30, 2014

This is a breach of an oral contract action in which MSK filed suit against Mayse for failure to pay for the use of equipment and fuel used to fulfill a construction contract between Mayse and the City of Athens. Mayse denied liability. Following a bench trial, the trial court ruled in favor of MSK and awarded damages in the amount of $44,386.37 and prejudgment interest in the amount of $1231.39. Mayse appeals. We affirm the decision of the trial court.

Posted by: Tanja Trezise on Sep 30, 2014

R.H.R. (“Father”) appeals the trial court’s judgment terminating his parental rights to his daughter, K.N.B., and to another child, S.M.J. (collectively “the Children”). Father is the putative biological father of S.M.J. The Department of Children’s Services (“DCS”) removed the Children and two half-siblings from their mother’s home and placed them in protective custody after police discovered them living in deplorable conditions. They were placed in foster care and subsequently adjudicated dependent and neglected. A year and a half later, DCS filed a petition to terminate parental rights.

Posted by: Tanja Trezise on Sep 29, 2014

This case asks us to interpret an exception to the Tennessee Public Records Act, Tennessee Code Annotated section 10-7-504(h), to determine whether it creates a privilege protecting the identities of persons involved in carrying out a sentence of death from pretrial discovery. This question arises from litigation in which Appellees, who are death row inmates, challenge the constitutionality of the Tennessee Department of Correction’s Execution Procedures for Lethal Injection on various grounds.

Posted by: Tanja Trezise on Sep 29, 2014

Defendant, James William Tawater, was indicted for one count of Class D felony theft of property of $1,000.00 or more in value. A jury found him guilty as charged. The trial court imposed a sentence of six years as a Range II multiple offender. The manner of service of the sentence was ordered to be an alternative sentence of probation, served by split confinement pursuant to Tennessee Code Annotated section 40-35-306, with one year to be served in the county jail followed by five years of probation under the supervision of Community Corrections.

Posted by: Tanja Trezise on Sep 29, 2014

Plaintiff Leroy Stocklin, Jr., served a non-wage garnishment on Carol Dean, in her capacity as executrix of her mother’s estate, in an attempt to reach the interest of an estate beneficiary, Karen R. Lord. Lord, who is Dean’s sister, is a $10,348 judgment debtor of Stocklin by virtue of a general sessions court judgment. Dean’s attorney acknowledged proper service of the garnishment and represented that it would be satisfied from Lord’s portion of the estate. Dean failed to timely answer the garnishment as required by statute.

Posted by: Tanja Trezise on Sep 29, 2014

This case involves the authority of an attorney-in-fact to make gifts pursuant to a power of attorney. We agree with the trial court’s determination that, in accordance with Tenn. Code Ann. § 34-6-110(a), the power of attorney did not authorize the attorney-in-fact to make gifts.

Posted by: Tanja Trezise on Sep 29, 2014

The issue in this appeal is whether the trial court properly held that companies A and B could not be held liable for the allegedly fraudulent sale of equipment by company C because the equipment at issue was fully encumbered by a lien at the time of the sale and, therefore, did not qualify as an asset under the Uniform Fraudulent Transfer Act. We affirm the trial court’s decision.

Posted by: Tanja Trezise on Sep 29, 2014

The principal issue in this appeal is whether a marital dissolution agreement the parties entered into while Wife’s complaint for a legal separation was pending was enforceable in an action husband commenced for an absolute divorce six days after Wife voluntarily dismissed her complaint. In Husband’s subsequent action, from which this appeal arises, Wife contested the divorce and challenged the validity of the MDA claiming it was not entered into in contemplation of Husband filing this action; she also contended it was invalid because Husband did not disclose all of his assets.

Posted by: Tanja Trezise on Sep 29, 2014

In this post-divorce proceeding, Wife has filed an interlocutory appeal as of right pursuant to Tennessee Supreme Court Rule 10B from the trial court’s denial of a motion for recusal. After reviewing Wife’s petition for recusal appeal de novo as required under Rule 10B, we summarily affirm the trial court’s denial of the motion.


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