Sheila Christine Jones Calloway v. Willard Randall Calloway
This appeal arises from a divorce. Sheila Christine Jones Calloway (“Wife”) sued Willard Randall Calloway (“Husband”) for divorce in the Chancery Court for Roane County (“the Trial Court”). The Trial Court granted Wife a divorce on the ground of adultery by Husband. The Trial Court equally divided the parties’ marital residence but awarded Husband’s onehalf interest in the marital residence to Wife as alimony in solido. The Trial Court also awarded Wife alimony in futuro and attorney’s fees. Husband appeals. Given the parties’ relative earning capabilities and other relevant circumstances of this case, we affirm the Trial Court’s award to Wife of Husband’s one-half interest in the marital residence as alimony in solido. However, once Wife was awarded Husband’s one-half interest in the marital residence, she no longer was financially disadvantaged relative to Husband, and, therefore, the Trial Court erred in awarding Wife alimony in futuro and attorney’s fees. We affirm, in part, and, reverse, in part, the judgment of the Trial Court. |
Roane | Court of Appeals | |
Gregory Lance Peterson v. Tiara Blanco (Peterson)
This matter arises from post-divorce proceedings regarding the parties’ minor child. Mother filed an application for extraordinary appeal after the trial court designated Father as Temporary Primary Residential Parent and ordered that Father could enroll the parties’ child in a school in his school district. Mother’s application submitted three issues for review, but we grant extraordinary review only as to the issue regarding the trial court’s order designating Father as Temporary Primary Residential Parent and ordering that Father could enroll the parties’ child in a school in his school district. We vacate and remand. |
Shelby | Court of Appeals | |
In Re: Paige A.F., et al.
The State of Tennessee Department of Children’s Services (“DCS”) filed a petition seeking to terminate the parental rights of Joann P.F. (“Mother”) and Gary A.M. (“Father”) to the minor children, Paige A.F., Tristan J.A.M., and Gaige D.W.M. (“the Children”). After a trial, the Juvenile Court for Anderson County (“the Juvenile Court”) terminated Mother’s and Father’s parental rights to the Children after finding that clear and convincing evidence was proven of grounds to terminate Mother’s and Father’s parental rights for substantial noncompliance with the permanency plan pursuant to Tenn. Code Ann. § 36-1-113(g)(2) and for persistent conditions pursuant to Tenn. Code Ann. § 36-1-113(g)(3), and that clear and convincing evidence was proven that it was in the Children’s best interest for Mother’s and Father’s parental rights to be terminated. Mother and Father appeal the termination of their parental rights to this Court. We find and hold that the evidence does not preponderate against the Juvenile Court’s findings made by clear and convincing evidence, and we affirm. |
Anderson | Court of Appeals | |
Eric D. Brooks, et al. v. Tennessee Farmers Mutual Insurance Company
Plaintiffs filed suit against their property insurer for breach of their homeowner’s insurance policy to recover for damages sustained to their home as a result of a tornado; Plaintiffs also alleged that Defendant violated the Tennessee Consumer Protection Act (“TCPA”). A jury found that Defendant’s actions violated the TCPA and awarded damages to Plaintiffs. Finding Defendant’s conduct to be willful, the trial court doubled the jury’s award; the court also awarded Plaintiffs attorneys fees and costs. Defendant appeals. We modify the award of costs to Plaintiffs; in all other respects, we affirm the judgment of the trial court. |
Macon | Court of Appeals | |
In Re: MacKeznie N., et al.
Mother appeals the termination of her parental rights on the grounds of abandonment, contending that any failure to support or visit her children was not willful.Mother argues that her failure to support her children was a result of poverty and that her failure to visit was caused by obstruction on the part of the children’s grandmother/guardian. We find that the children’s grandmother/guardian failed to prove by clear and convincing evidence the existence of at least one of the statutory grounds for termination. We therefore reverse the termination of Mother’s parental rights. |
Overton | Court of Appeals | |
Daniel Louis Pinkava v. Tawania Leigh Kovacs-Pinkava
This appeal involves the interpretation of a marital dissolution agreement (“MDA”). Wife filed suit to clarify the terms of the MDA regarding the apportionment of Husband’s future military retirement. The trial court held that the MDA granted Wife twenty-five percent of Husband’s retirement benefits at the rank of captain, his rank at the time of divorce, including cost-of-living adjustments that will be in effect when he elects to retire. Husband appeals and argues that the award of retirement benefits was intended to be alimony in solido and was ascertainable at the time of divorce rather than at the time he elects to retire. We agree with the trial court’s interpretation and affirm the trial court in all respects. |
Montgomery | Court of Appeals | |
John Wayne McDonald v. Jamie Rhea McDonald Bunnell
John Wayne McDonald (“Father”) and Jamie Rhea McDonald Bunnell (“Mother”) had two children during their marriage before divorcing in 2012. The permanent parenting plan entered with the divorce named Mother the primary residential parent. After Mother remarried and relocated with the children, Father filed a petition to modify the existing parenting plan and asked the court to designate him the children’s primary residential parent. Father argued that the behavior of Mother’s new husband (“Stepfather”) around the children constituted a material change in circumstance and that the modification would be in the children’s best interest. At a hearing, Father presented evidence that Stepfather used foul language around the children and had, in jest, referred to them using a racial slur. The trial courtfound thatStepfather’sbehavior,though “distastefuland ill-advised,”did not constitute a material change in circumstance. Father appealed. After careful consideration, we conclude that the evidence in the record does not preponderate against the trial court’s finding. We affirm the judgment of the trial court. |
Lewis | Court of Appeals | |
Ann C. Akard v. Wayne F. Akard
This is a divorce case. After the trial court entered the final decree of divorce and awarded Wife/Appellee attorney’s fees associated with a motion to compel, Husband/Appellant filed this appeal. Although Husband did not formally file a motion to recuse either trial judge involved in this case, his appeal centers on alleged judicial and opposing counsel misconduct. Husband also seeks a new trial. We affirm. |
Sullivan | Court of Appeals | |
In Re: Valena E.
The Notice of Appeal was not timely filed, and we therefore have no jurisdiction to consider this appeal. Consequently, this appeal is dismissed. |
McNairy | Court of Appeals | |
In Re Chelsea B. et al.
This is a termination of parental rights case involving three minor children. In April 2012, temporary custody of the children was granted to the Tennessee Department of Children’s Services (“DCS”), and the children were placed in foster care. DCS subsequently filed a petition to terminate the parental rights of the mother and father on September 24, 2013. The petition alleged, as statutory grounds for termination, abandonment by failure to provide a suitable home, substantial noncompliance with the permanency plans, persistent conditions, and severe child abuse. Following a bench trial, the trial court granted the petition as to the mother upon finding that DCS had proven by clear and convincing evidence the grounds of (1) abandonment by failure to provide a suitable home and (2) persistence of the conditions leading to removal. The court also found clear and convincing evidence that termination of the mother’s parental rights was in the children’s best interest. The mother has appealed.1 Discerning no error, we affirm. |
Hawkins | Court of Appeals | |
Claude R. Ellis v. Melisa Jane Godfrey Ellis
The issue on this appeal is whether the parties’ prenuptial agreement (the agreement) is valid and enforceable. The trial court held that it was not. The court did so based upon its finding that Claude R. Ellis (Husband) failed to prove that he provided a full and fair disclosure of his assets to Melisa Jane Godfrey Ellis (Wife) before the agreement was executed. The trial court further found (1) that, given the date the draft agreement was furnished to wife, she did not have an opportunity to seek independent counsel for advice; (2) that the agreement was unfair; and (3) that Wife was under duress when the draft was presented to her. Applying the principles set forth by the Supreme Court in Randolph v. Randolph, 937 S.W.2d 815 (Tenn. 1996), and its progeny, we affirm the judgment of the trial court. |
Bradley | Court of Appeals | |
Earl T. Adams v. Air Liquide America, L. P. et al.
The sole issue presented in this appeal concerns the constitutionality of Tenn. Code Ann. § 29-28-103, the ten-year statute of repose under the Tennessee Products Liability Act and the exceptions to the statute of repose for asbestos claims and silicone gel breast implant claims, but not for silica-related claims. After working as a sandblaster for thirty years, Plaintiff developed silica-related injuries. Thereafter, Plaintiff commenced a products liability action against several silica manufacturers and suppliers, which was filed outside the ten-year period. When the defendants moved for summary judgment contending the action was timebarred by the ten-year statute of repose, Plaintiff challenged the constitutionality of the statute of repose as applied to silica claimants on equal protection grounds. Utilizing a rational basis analysis, the trial court found that silica claims were not similarly situated by injury or class to asbestos claims, and, if they were similarly situated, a rational basis exists to distinguish between the two. The trial court also found that silica has no similarity to silicone gel breast implants. Thus, the trial court summarily dismissed the action as timebarred based on the ten-year statute of repose under the Tennessee Products Liability Act, specifically Tenn. Code Ann. § 29-28-103(a). We affirm. |
Davidson | Court of Appeals | |
In Re: Caira D. et al.
Department of Children’s Services filed petition to terminate mother and father’s parental rights to two minor children. Mother subsequently surrendered her parental rights, and the trial court found father abandoned the minor children by willful failure to support and willful failure to visit. The trial court also found termination of father’s parental rights was in the best interests of the children. Father appeals. We affirm the trial court’s finding that father abandoned his children by willfully failing to support them;however,we have concluded that the evidence is insufficient to clearly and convincingly establish that father’s visitation with his children was merely token and that he willfully failed to visit his children. We affirm the trial court’s finding that termination of father’s parental rights is in the best interests of the children. Therefore, we affirm the termination of father’s parental rights. |
White | Court of Appeals | |
In Re: Jacob B.
In this termination of parental rights case, Father appeals the trial court’s finding that termination of his parental rights is in the child’s best interests. Father was convicted of murdering the child’s mother and is imprisoned on a life sentence. We have reviewed the evidence and affirm the trial court in all respects. |
White | Court of Appeals | |
Barbara Lynn Horine v. James Alan Horine
In this divorce appeal, Wife appeals the trial court’s rulings with regard to the calculation of child support, the award of alimony, the requirement that she reimburse Husband for one-half of the mortgage payments on the marital home until the home is sold, and the trial court’s refusal to order an income assignment to secure Husband’s child support obligation. We vacate the trial court’s judgment with regard to child support and alimony, and remand for the entry of an order containing appropriate findings of fact and conclusions of law. We affirm the trial court’s order requiring Wife to reimburse Husband for the mortgage payment. However, we reverse the trial court’s refusal to order an income assignment to secure the child support obligation. Affirmed in part, vacated in part, and reversed in part. |
Cumberland | Court of Appeals | |
In Re Serenity S.
This is a termination of parental rights case brought by the guardian ad litem. The trial court terminated Mother/Appellant’s parental rights on the grounds of severe child abuse pursuant to Tennessee Code Annotated Section 36-1-113(g)(4), and persistence of conditions under Tennessee Code Annotated Section 36-1-113(g)(3). The trial court also found, by clear and convincing evidence, that termination of Mother’s parental rights was in the child’s best interest. Because there is clear and convincing evidence in the record to support both the grounds for termination of Mother’s parental rights and the trial court’s finding on best interest, we affirm and remand. |
Madison | Court of Appeals | |
M&T Bank v. Joycelyn A. Parks, et al.
The trial court dismissed this detainer appeal for failure to post a bond in compliance with Tennessee Code Annotated Section 28-18-130(b)(2). Because Appellant’s brief contains no argument regarding the applicability of Tennessee Code Annotated Section 28-18-130(b)(2), we affirm. |
Shelby | Court of Appeals | |
Michael Lee Horton v. Brenda Kay Horton
This divorce action follows a thirty-three year marriage. Plaintiff Husband appeals the trial court’s property division, award of alimony in futuro to Wife, and award of attorney’s fees to Wife. We affirm. |
Hardin | Court of Appeals | |
In Re Shaneeque M.
This is a parental rights termination appeal brought by the mother. The trial court found clear and convincing evidence to support the grounds for termination and clear and convincing evidence that termination was in the child’s best interest. The mother appeals. We affirm. |
Blount | Court of Appeals | |
Centimark Corporation v. Maszera Company, LLC.
This suit arises as a result of a contract to install a roof on a commercial building. The building’s owner argued that the roof has leaked since its installation and that the roofer would not or could not satisfactorily repair it. The roofer asserted that the roof had experienced some leaks but that all had been repaired. The roofer alleged that it had performed according to the contract and sued for total payment. The owner of the building alleged, inter alia, that the roofer breached the contract by failing to provide adequate materials and proper workmanship and filed a counter-complaint. The trial court issued its ruling in favor of the building owner on the counter-complaint and awarded $220,374.96 in damages. The court dismissed the roofer’s suit. The court also dismissed the building owner’s other claims against the roofer for deceptive business practices and for filing an improper lien. Both sides appeal. We affirm. |
Knox | Court of Appeals | |
In Re: Cidney L.
Mother appeals the trial court’s termination of her parental rights. She argues that the trial court erred in holding that clear and convincing evidence established that she engaged in conduct exhibiting a wanton disregard for the welfare of the child prior to her incarceration and that termination was in the child’s best interest. We have determined that there is clear and convincing evidence in the record to support both of the trial court’s findings. We affirm. |
Crockett | Court of Appeals | |
Commercial Painting Company, Inc. v. The Weitz Company, LLC et al.
In this construction contract dispute, the trial court granted summary judgment in favor of the defendant general contractor as to all of the plaintiff subcontractor’s tort claims. The parties proceeded to trial on the remaining issues and judgment was awarded in favor of the subcontractor. Both parties raise numerous issues on appeal. Because we conclude that the trial court applied an improper standard in granting summary judgment, we vacate the order of summary judgment in favor of the general contractor. In addition, because the subcontractor’s tort claims may alter the remaining issues in this case, we decline to consider the remaining issues raised by the parties. Vacated and remanded. |
Shelby | Court of Appeals | |
In Re Michael A.C., Jr.
This is a parental rights termination appeal brought by the incarcerated biological father. The trial court found clear and convincing evidence to support the ground for termination and clear and convincing evidence that termination was in the child’s best interest. The father appeals. We affirm. |
Cumberland | Court of Appeals | |
In Re Austin A. et al.
This case concerns the termination of the mother’s parental rights. We have determined that the record contains clear and convincing evidence to support terminating the mother’s parental rights on the ground relied upon by the trial court. The record further supports the conclusion that terminating the mother’s parental rights is in the children’s best interest. Accordingly, we affirm the findings of the trial court. |
Washington | Court of Appeals | |
Brenda Y. Hannah v. Sherwood Forest Rentals, LLC, et al.
This appeal results from the grant of summary judgment to the defendants in a premises liability action. The plaintiff fell while descending a set of wooden stairs leading to a rental cabin. The plaintiff filed the instant action against the owners of the cabin and the rental company, which manages and maintains the cabin. In granting summary judgment to the defendants, the trial court determined that there were no genuine issues of material fact by which a reasonable jury could find that either defendant had actual or constructive notice of any allegedly defective condition existing that caused or contributed to the plaintiff’s fall. The plaintiff has appealed. Discerning no error, we affirm. |
Sevier | Court of Appeals |
