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Posted by: Karen Belcher on Dec 12, 2019

A jury convicted the Defendant, Kelley Hufford, of conspiracy to commit first degree murder, first degree premeditated murder, first degree felony murder, two counts of especially aggravated kidnapping, three counts of aggravated kidnapping, and tampering with evidence for the abduction and homicide of her boyfriend. On appeal, the Defendant raises only a challenge to the territorial jurisdiction of the court, alleging that the evidence did not establish that the crimes occurred in Tennessee.

Posted by: Karen Belcher on Dec 12, 2019

Wife/Appellant appeals the trial court’s denial of relief on her post-divorce petition for contempt and breach of contract. The parties’ MDA awarded Wife 50% of Husband/Appellee’s FERS Supplement, which was subsequently terminated due to Husband’s yearly earned income being in excess of the FERS cap of $15,120.00. Because the parties’ MDA did not preclude Husband from earning income in excess of the cap, and did not include a provision for such occurrence, the trial court properly denied Wife’s petition.

Posted by: Karen Belcher on Dec 12, 2019

This is the second appeal of a case involving a father’s petition to modify the parties’ parenting plan, wherein he requested that he be named the primary residential parent. At the close of father’s proof during the initial trial, mother moved for a directed verdict. Finding that father’s evidence was insufficient to establish a material change in circumstances, the trial court granted mother’s motion and dismissed father’s petition. Father then appealed to this Court. We concluded that father did present sufficient evidence to establish a material change.

Posted by: Karen Belcher on Dec 12, 2019

Father appeals the trial court’s decision to terminate his parental rights on grounds of abandonment by an incarcerated parent and failure to manifest a willingness and ability to assume custody. The evidence at trial showed that due to Father’s repeated criminal conduct, including two instances where Father fled the State to escape justice, he has had no contact with his daughter for approximately 95% of the child’s life. Because we conclude that the evidence was clear and convincing as to both grounds for termination and best interest, we affirm.

Posted by: Karen Belcher on Dec 12, 2019

This is an appeal in a divorce proceeding, wherein the mother contends that the trial court erred in awarding the father the divorce on the ground of inappropriate marital conduct and in its holdings as to the factors at Tennessee Code Annotated section 36-6- 106 in naming the father the primary residential parent. Father appeals the court’s ruling on a motion he filed seeking to further specify the parents’ responsibilities relative to the transportation of the children.

Posted by: Karen Belcher on Dec 12, 2019

This appeal involves a constitutional challenge to two Tennessee statutes that are part of Tennessee’s campaign finance law. Prior to trial, the chancery court granted several motions in limine that effectively excluded all of the testimonial and documentary evidence proffered by the State in defense of the statutes. With no evidence presented by the State, the trial court concluded that the State failed to meet its burden of proof as to the constitutionality of the two statutes.

Posted by: Karen Belcher on Dec 11, 2019

In this healthcare liability action, the defendants filed a motion for a qualified protective order allowing them to conduct ex parte interviews with some of the plaintiffs’ treating healthcare providers pursuant to Tenn. Code Ann. § 29-26-121(f). After the trial court granted the qualified protective order allowing the interviews, plaintiffs’ counsel wrote a letter to plaintiffs’ treating providers concerning the interviews.

Posted by: Karen Belcher on Dec 10, 2019

Appellant appeals the trial court’s order quashing its attachment and garnishments, whereby Appellant sought payment of its judgment from interpleaded funds that were owed to Appellee. Affirmed.

Posted by: Karen Belcher on Dec 10, 2019

JANE B. STRANCH, Circuit Judge. For the third time, we are asked to review this dispute over a labor arbitration award issued in 2012. In short, Local 1982 of the International Longshoremen’s Association successfully pursued a grievance against Midwest Terminals to enforce their contract requiring Midwest to establish pension and welfare trust fund plans that comply with the Employee Retirement Income Security Act (ERISA). In 2014, we enforced the Joint Grievance Committee’s award in Local 1982 I.

Posted by: Karen Belcher on Dec 10, 2019

Plaintiff Wilmington Savings Fund Society brought this action for foreclosure on property owned by defendants Reginald Hall and Rhonda Hall, requesting that the trial court declare its debt from a loan secured by deed of trust to have priority over debts allegedly owed by the Halls to other named defendants. The trial court granted plaintiff summary judgment and Reginald Hall appealed. Plaintiff argues on appeal that the trial court’s judgment was not final and therefore this Court does not have jurisdiction.


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