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Posted by: Tanja Trezise on May 30, 2014

The Juvenile Court for Hamilton County (“the Juvenile Court”) terminated the parental rights of Johonauan J. R. (“Father”) to the minor child Zoey F. (“the Child”) on the grounds of willful failure to visit, wanton disregard for the welfare of the child, and substantial noncompliance with the statement of responsibilities in the permanency plan. Father appeals the termination of his parental rights.

Posted by: Tanja Trezise on May 30, 2014

Mother appeals the termination of her parental rights as to her two children. Father’s rights were also terminated, but he does not appeal. The court found the Department of Children’s Services established three grounds for termination of mother’s parental rights: 1) severe child abuse pursuant to Tennessee Code Annotated § 36-1-113(g)(4); 2) mental incompetence pursuant to Tennessee Code Annotated § 36-1-113(g)(8)(B); and 3) persistence of conditions pursuant to Tennessee Code Annotated § 36-1-113(g)(3).

Posted by: Tanja Trezise on May 30, 2014

This is the second appeal in this breach of contract case. The defendant property owner leased his recreational farm on a yearly basis to the plaintiff lessee. Their agreement included a provision that, when the farm sold, the plaintiff would received a percentage of the proceeds of the sale. The defendant eventually divided the farm into several parcels and sold the parcels at auction to different purchasers. The plaintiff asserted his right to a percentage of the proceeds. Thereafter, for reasons that are disputed, none of the sales of the various parcels of the farm closed.

Posted by: Tanja Trezise on May 30, 2014

Plaintiff filed a healthcare liability action in the general sessions court. At a docket call, defendant Methodist appeared and tendered a confession for the full $25,000 jurisdictional limit of the general sessions court. Plaintiff immediately sought to non-suit her claims against Methodist. The general sessions court denied Methodist’s tendered confession and it entered an order non-suiting Methodist. Plaintiff then refiled her suit against Methodist in the circuit court and Methodist moved for summary judgment based upon its tendered confession of judgment in the general sessions court.

Posted by: Tanja Trezise on May 30, 2014

This appeal involves a contract dispute. The appellant distributor challenges the damages awarded to the appellee supplier under a supply contract for bagged firewood. Additionally, the supplier challenges the trial court’s failure to award damages for lost profits and tortious interference with prospective business. Discerning no error, we affirm.

Posted by: Tanja Trezise on May 30, 2014

This is a petition for termination of parental rights and adoption. The parents of the child at issue divorced in 2007. The father moved to Colorado, and the mother was designated the child’s primary residential parent. The father was given parenting time in Colorado during the child’s spring, winter, and summer vacations, as well as parenting time in Tennessee at any time, with reasonable notice. The father exercised his parenting time only for a single 30-day period each summer in 2008, 2009, and 2010. After the child’s summer 2010 visit, the father scheduled no parenting time.

Posted by: Tanja Trezise on May 29, 2014

Petitioner, Derron Guy, pled guilty to carjacking, employment of a firearm during the commission of a dangerous felony, and aggravated robbery in case number 10-00740; carjacking and employment of a firearm during a dangerous felony in case number 09-06692; and criminal attempt of carjacking and possession of a firearm with the intent to go armed during the commission of or attempt to commit a dangerous felony in case number 10-00741. Petitioner filed a petition for habeas corpus relief. The dismissal of the petition was affirmed on appeal. See Derron S. Guy v.

Posted by: Tanja Trezise on May 29, 2014

In this premises liability action, Plaintiff/Appellant was allegedly injured when he slipped and fell on the subject property. The trial court granted a directed verdict to the Appellees, who are the property owners/occupiers. The basis for the directed verdict was that Appellant failed to submit evidence from which a reasonable juror could conclude either that the Appellees knew or should have known of a dangerous condition on the property, or that Appellees caused or created a dangerous condition on the property. Discerning no error, we affirm.

Posted by: Tanja Trezise on May 29, 2014

The trial court vacated an arbitration award in favor of Respondent/Appellant on the ground of evident partiality on the part of two arbitrators and remanded the matter to the arbitration board to be re-arbitrated by a different panel. We reverse and remand to the trial court for confirmation of the arbitration award.


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