Court of Appeals Opinions

Format: 07/31/2014
Format: 07/31/2014
Ashley Purdy v. Matthew C. Smith
M2012-02463-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge James Y. Ross

This case involves the difficult issue of disestablishment of paternity and its effect on child support arrears. Over a year after the trial court entered an order requiring the respondent to pay child support, he requested Rule 60 relief on the grounds that he was not the biological father of the child. Based upon the statutory prohibition against the retroactive modification of child support and the related caselaw, we must affirm the trial court’s decision denying the respondent Rule 60 relief for any time period prior to the filing of his petition.

Wayne County Court of Appeals 05/23/14
David Allan Fogle, Sr. v. Mardonna Shawn Fogle
E2013-00997-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Chancellor John S. McLellan, III

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.

Sullivan County Court of Appeals 05/22/14
In Re: Serenity B.
M2013-02685-COA-R3-PT
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Robert L. Jones

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. We affirm the trial court’s findings that both parents abandoned the child by willfully failing to visit and that the termination of Mother’s parental rights is in the child’s best interest. Consequently, we affirm the trial court’s decision to terminate the parental rights of both parents.

Maury County Court of Appeals 05/21/14
In Re: Kaitlynne D
M2013-00546-COA-R3-JV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Jduge Vanessa Agee Jackson

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.

Coffee County Court of Appeals 05/21/14
Barbara G. Lovejoy v. Department of Intellectual and Developmental Disabilities
M2014-00210-COA-R3-CV
Authoring Judge: Presiding Frank G. Clement
Trial Court Judge: Chancellor Russell T. Perkins

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.

Davidson County Court of Appeals 05/21/14
Scott McIllwain, et al. v. Michael Scott Hoover, et al.
M2013-01277-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Ellen Hobbs Lyle

Former revenue enforcement officer challenges her termination from the Tennessee Department of Revenue. Because substantial and material evidence supports the Civil Service Commission’s decision, we affirm the chancery court’s judgment.
 

Davidson County Court of Appeals 05/19/14
Arlena Tippie v. Tennessee Department of Revenue, Et Al
M2013-00199-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Russell T. Perkins

Former revenue enforcement officer challenges her termination from the Tennessee Department of Revenue. Because substantial and material evidence supports the Civil Service Commission’s decision, we affirm the chancery court’s judgment.
 

Davidson County Court of Appeals 05/19/14
Gerald Rogers, Next of Kin of Vicki L. Rogers v. Paul Jackson, M. D., Et Al
M2013-02357-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Judge Royce Taylor

Defendants in a health care liability action appeal the denial of their motions to strike the allegations of comparative fault raised in the amended answer of other defendants and their motions to dismiss the amended complaint. Finding no error, we affirm the decision of the trial court.

Rutherford County Court of Appeals 05/19/14
Jerry Wynn v. Dana Wynn
W2014-00079-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: George R. Ellis

The order appealed is not a final judgment and therefore, we dismiss this appeal for lack of jurisdiction.

Gibson County Court of Appeals 05/19/14
Daniel H. Jones v. Robert H. Montgomery, Jr., Et Al.
E2014-00811-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Judge John S. McLellan, III

The order from which the pro se incarcerated appellant seeks to appeal was entered on December 13, 2013. The Notice of Appeal was filed more than thirty (30) days from the date of entry of the December 13, 2013 order, even considering the date upon which the appellant placed the Notice of Appeal in the mail for filing with the trial court clerk (February 28, 2014). See Tenn. R. App. P. 20(g). Because the Notice of Appeal was not timely filed, we have no jurisdiction to consider this appeal.

Sullivan County Court of Appeals 05/19/14
Delores Blackmon, et al. v. Illinois Central Railroad Company, et al.
W2013-01605-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Judge Roy B. Morgan, Jr.

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. We reverse and remand for further proceedings.

Madison County Court of Appeals 05/16/14
In Re: Donovyn B. H.
W2013-02268-COA-R3-JV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Curtis S. Person, Jr.

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.

Shelby County Court of Appeals 05/16/14
Elisha Michelle (Cantrell) Dickerson v. Johnathan Bradley Cantrell
E2013-01732-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge Jacqueline S. Bolton

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.

Hamilton County Court of Appeals 05/16/14