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Posted by: Amelia Ferrell Knisely on Jan 4, 2016

Father appeals the parenting schedule that substantially restricts his parenting time. Without making any findings of fact, the trial court restricted Father’s parenting time to 48 hours per month, with no overnight visitation, until the child is three years old. Father contends the severe restrictions on his parenting time are not supported by the evidence. He further contends the trial court erred by severely limiting his parenting time without making any finding that he was guilty of conduct that affected his ability to parent pursuant to Tenn. Code Ann. § 36-6-406(d).

Posted by: Amelia Ferrell Knisely on Jan 4, 2016

This is an appeal from the entry of a five-year order of protection. The general sessions court entered an ex parte order of protection on behalf of the Appellee against the Appellant. After a hearing, the general sessions court entered a one-year order of protection. Appellant appealed this order to the Circuit Court for Smith County. After a hearing, the trial court concluded that Appellant had violated the previous order of protection and extended the order of protection to five years.

Posted by: Amelia Ferrell Knisely on Jan 4, 2016

This appeal originated from a boundary line dispute between adjacent landowners. In this boundary line dispute, the trial court: (1) determined the boundary line that divides the parties’ properties; (2) awarded treble damages to Appellee for timber that had been removed from the disputed property by the Appellant; (3) set aside the quitclaim deed recorded the day before the trial by Appellant as a fraudulent conveyance; and (4) awarded attorney fees to Appellee for the expenses incurred in prosecuting the petition to set aside the quitclaim deed as a fraudulent conveyance.

Posted by: Amelia Ferrell Knisely on Jan 4, 2016

An employee developed carpal tunnel syndrome. Her employer provided medical treatment until the authorized treating physician opined the condition did not arise primarily from her work. The employer then denied the claim. At trial, the employee presented the testimony of an evaluating physician who opined her work was the primary cause of the condition. The trial court found the employee had successfully rebutted the opinion of the authorized treating physician, as required by Tennessee Code Annotated section 50-6-102(12)(C)(ii).

Posted by: Amelia Ferrell Knisely on Jan 4, 2016

Johnny Braden (“Employee”) suffered a compensable injury to his right elbow in April 2005 while working for M&W Transportation (“Employer”). Within six months of returning to work, Employee began experiencing pain in his right shoulder and numbness in his hand. He received treatment over the next two years and eventually was assigned a seven percent (7%) partial permanent disability rating. Three different insurance companies covered Employer during the time of Employee’s treatment. Each insurer disclaimed liability for the eventual disability.

Posted by: Amelia Ferrell Knisely on Jan 4, 2016

Court of Appeals Judge D. Michael Swiney was selected by judges of the 12-member court to be chief judge for a term of one year. Judge Swiney of Knoxville was appointed to the Court of Appeals in 1999 by then-Governor Don Sundquist. He was elected to the bench in August 2000 and re-elected in 2006 and 2014. “I am honored to have been selected by my fellow judges and look forward to the challenge of this expanded role with the Court of Appeals,” Judge Swiney said.

Posted by: Amelia Ferrell Knisely on Jan 4, 2016

Immigrant advocates say the reopened case of a Burmese refugee exposes a lack of legal education for immigrants, The Tennessean reports. Sawng Hing, who was sentenced in 2012 for child abuse charges, received incorrect interpretations during her hearing because her language of Matu-Chin is so rare. The inaccuracy resulted in Hing being taken to federal prison facing deportation. "Nashville has one of the fastest-growing immigrant populations in the country," said Stephanie Teatro, co-executive director of the Tennessee Immigrant and Refugee Rights Coalition. "What that means is for local institutions it can be a challenge to keep up." 

Posted by: Amelia Ferrell Knisely on Jan 4, 2016

The University of Tennessee College of Law announced Michelle T. Cosby will serve as the new associate director of the college’s Joel A. Katz Law Library. Cosby, who previously served as senior reference and instructional services librarian at the North Carolina Central University School of Law Library, will oversee the daily operation of the Law Library. "In addition to her assistance in the administration of the library, she brings a wealth of experience to UT Law that will help us increase our support of faculty scholarship and the teaching of legal research skills to our students,” Scott Childs, associate dean for library and technology services, said.

Posted by: Amelia Ferrell Knisely on Jan 4, 2016

The Chattanoogan reports Hamilton County Prosecutor Boyd Patterson has joined the race for Criminal Court judge. According to his campaign, “Having more than 25 years of study and experience in the legal and psychology fields gives Mr. Patterson a unique perspective on criminal justice.”

Posted by: Amelia Ferrell Knisely on Jan 4, 2016

The U.S. State Department and the U.S. Marshals Service are involved in a federal case in Knox County involving a Mexican child living in Knoxville. Eugenio Garduno Guevara had been searching for his son since the mother and boy disappeared from Mexico in 2013. The Knoxville News Sentinel reports attorney Tom Slaughter filed a petition in May 2015 in Knox County Juvenile Court seeking to establish custody of the boy by the mother and listing the pair in Knoxville. The State Department then served notice on the court on behalf of the father’s claims. The U.S. Marshals Service was brought in to track the mother down and serve her with all court records filed in the case thus far.


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