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Posted by: Tanja Trezise on May 22, 2014

In this termination of parental rights proceeding, both Mother and Father maintain that the trial court erred in finding clear and convincing evidence that they willfully abandoned the child by failure to visit within the four months preceding the filing of the termination petition. Mother additionally claims that the trial court erred in finding clear and convincing evidence that it is in the best interest of the child to terminate Mother’s parental rights.

Posted by: Tanja Trezise on May 22, 2014

This is an appeal from an order dismissing a petition for judicial review of a decision of the Tennessee Civil Service Commission. Because the appellant did not file her notice of appeal with the trial court clerk within the time permitted by Tenn. R. App. P. 4, we dismiss the appeal.

Posted by: Tanja Trezise on May 22, 2014

The circuit court adjudicated the child dependent and neglected on the ground of severe child abuse by her father. The father appeals contending the evidence is insufficient to sustain a finding of severe child abuse. Finding the evidence clear and convincing, we affirm.

Posted by: Tanja Trezise on May 22, 2014

In this divorce action, the trial court granted Wife a divorce, divided the marital assets, and awarded Wife alimony of $700 per month for 48 months. Wife appeals. We modify the trial court’s judgment to reflect an award of periodic alimony in the amount of $1,000 per month.

Posted by: Tanja Trezise on May 16, 2014

John Jackson (“the Defendant”) was convicted by a jury of two counts of facilitation of aggravated robbery, one count of aggravated sexual battery, one count of aggravated burglary, and one count of facilitation of theft over $500. The trial court sentenced the Defendant to an effective term of twenty years’ incarceration, to be served at 100%.

Posted by: Tanja Trezise on May 16, 2014

The defendant, Linda Garvin, pleaded guilty to two counts of the sale of cocaine in the amount of .5 grams or less, Class C felonies. She received two four-year sentences to be served consecutively on probation for an effective sentence of eight years. She admitted to violating the terms of her probation. After a probation revocation hearing, the trial court found that the defendant had violated the terms of her probation and ordered her to serve the remainder of her sentence in the penitentiary.

Posted by: Tanja Trezise on May 16, 2014

This appeal arises from a dispute concerning the payment for Defendant’s wedding reception. Plaintiff filed suit when Defendant failed to pay for the reception as agreed. At trial, Plaintiff presented theories of breach of contract and unjust enrichment. The jury found for Plaintiff and returned a verdict against Defendant in the amount of $10,787.18. On appeal, Defendant requests reversal of the judgment entered against her because she believes that the jury verdict form erroneously allowed for recovery pursuant to both theories of breach of contract and unjust enrichment. We affirm.

Posted by: Tanja Trezise on May 16, 2014

The juvenile court set aside its parental visitation order with respect to a child born to married parents as void for lack of jurisdiction. Mother appeals. We affirm.

Posted by: Tanja Trezise on May 16, 2014

This post-divorce appeal concerns the modification of a parenting plan designating Mother as the primary residential parent and awarding Father reasonable visitation. Father filed a petition to modify, claiming that a material change in circumstances necessitated a change in the parenting plan. Following a hearing, the trial court designated Father as the primary residential parent and awarded Mother visitation. Mother appeals. We affirm the trial court’s decision.

Posted by: Tanja Trezise on May 16, 2014

Plaintiff filed this lawsuit pursuant to the Federal Employers’ Liability Act, alleging that her husband was exposed to toxic substances, including asbestos and other chemicals, during his employment with the defendant railroad and that such exposure led to his death from mesothelioma. The railroad filed a motion for summary judgment, arguing that the deceased employee had executed a release, when he settled previous litigation with the railroad, which served to bar the current litigation. The trial court granted the railroad’s motion for summary judgment based on the release.


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