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Posted by: Chandra Williams on Oct 29, 2015

The Petitioner, Monoleto D. Green, appeals as of right from the Davidson County Criminal Court?s summary dismissal of his petition for post-conviction relief. The Petitioner contends that the post-conviction court erred by summarily dismissing his petition for having been untimely filed. Discerning no error, we affirm the judgment of the post-conviction court

Posted by: Chandra Williams on Oct 29, 2015

This appeal arises from the grant of a Rule 60.02 motion to set aside a final judgment. The plaintiff, acting pro se, filed a motion to revive or renew a judgment against the defendant. Due to inclement weather, the plaintiff was unable to attend the hearing on her motion. The trial court dismissed her motion with prejudice and released the underlying judgment. Subsequently, the plaintiff obtained counsel and filed a Rule 60.02 motion to set aside the trial court’s order. The trial court granted her motion and reinstated the original judgment.

Posted by: Chandra Williams on Oct 29, 2015

Rachel L.S. (“Mother”) and Brandon M.R. (“Step-father”) filed a petition seeking to terminate the parental rights of Paul P. (“Father”) to the minor child Kiara S. (“the Child”). After a trial, the Circuit Court for Sevier County (“the Trial Court”) entered its order dismissing the petition after finding and holding, inter alia, that Mother and Step- father had failed to prove by clear and convincing evidence that grounds existed to terminate Father?s parental rights for abandonment by willful failure to visit or for abandonment by willful failure to support.

Posted by: Chandra Williams on Oct 29, 2015

In this divorce action involving the dissolution of a marriage of relatively short duration, the husband appeals the trial court?s distribution of the marital estate, particularly the award of the marital residence and a 1969 Ford Mustang automobile to the wife. In order to more nearly return the parties to the positions they were in prior to the marriage, we modify the distribution of the marital estate to award the 1969 Ford Mustang automobile to the husband.

Posted by: Chandra Williams on Oct 29, 2015

This appeal arises from an action for divorce wherein the trial court awarded alimony to the plaintiff wife, whom the court determined to be economically disadvantaged due to her inability to maintain employment. The husband has appealed the spousal support award, asserting that the trial court erred in its analysis of the applicable statutory factors. Discerning no error, we affirm.

Posted by: Chandra Williams on Oct 29, 2015

The Coffee County Board of Education filed suit against the City of Manchester and the City of Tullahoma to recover certain tax revenue the Board alleges it was owed pursuant to Tenn. Code Ann. § 57-4-306. The trial court held that the Board of Education lacked capacity to bring the suit and dismissed the petition. The Board of Education appeals asserting that the authority to sue to recover the funds is necessarily implied from the General Assembly?s grant of express powers and duties to the Board. We agree. Pursuant to Tenn. Code Ann.

Posted by: Chandra Williams on Oct 29, 2015

The issue presented in this case is whether the trial court erred in its calculation of child support when it omitted from the calculation support due from Larry W. Shipe, Jr. (Father) during a period of time when he was incarcerated. We hold that the Child Support Guidelines, Tenn. Comp. R. & Regs. 1240-02-04-.04(3)(a)(2)(ii)(I) (2008), which provide that “incarceration shall not provide grounds for reduction of any child support obligation,” mandate that incarceration does not absolve an individual from his/her obligation to pay child support.

Posted by: Chandra Williams on Oct 28, 2015

Petitioner, Kenneth D. Sanders, appeals the order of the trial court denying his motion to vacate his guilty plea and/or motion to alter and amend the judgment in which he alleged that he received ineffective assistance of counsel during his guilty plea proceedings. The trial court treated the motion as a petition for post-conviction relief and found that it was filed beyond the statute of limitations.

Posted by: Chandra Williams on Oct 28, 2015

Petitioner, Kenneth D. Sanders, appeals the order of the trial court denying his motion to vacate his guilty plea and/or motion to alter and amend the judgment in which he alleged that he received ineffective assistance of counsel during his guilty plea proceedings. The trial court treated the motion as a petition for post-conviction relief and found that it was filed beyond the statute of limitations.

Posted by: Chandra Williams on Oct 28, 2015

Petitioner, Sidney T. Cason, appeals the Lake County Circuit Court?s summary dismissal of his petition for writ of habeas corpus. Because we determine that Petitioner has failed to file a timely notice of appeal or provide reason as to why the timely filing of the notice of appeal should be waived, the appeal is dismissed.


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