OPINION W. NEAL McBRAYER , J. Mother appeals the termination of her parental rights to her child. The juvenile court found three statutory grounds for termination: (1) abandonment by failure to establish a suitable home; (2) persistence of conditions; and (3) mental incompetence. The court also found that termination of Mother's parental rights was in the child's best interest. We conclude that the record contains clear and convincing evidence to support two of the three statutory grounds...
OPINION BRANDON O. GIBSON , J. This declaratory judgment action involves a multi-million dollar trust and a co-beneficiary and co-trustee's request for a detailed accounting and a liquidation plan. The case was dismissed, and the managing trustee filed a motion for Rule 11 sanctions. The trial court found multiple Rule 11 violations by the petitioner and awarded $200,000 in sanctions. Finding no abuse of discretion, we affirm. I. FACTS & PROCEDURAL HISTORY The present case involves a...
OPINION J. STEVEN STAFFORD , P.J. The trial court entered an order terminating Father's parental rights to his two minor children based upon the statutory grounds of abandonment by willful failure to visit, abandonment by willful failure to support, and persistence of conditions, as well as a finding that termination was in both children's best interest. From this order, Father appeals. We affirm the trial court's findings as to the grounds of willful failure to visit and willful failure...
OPINION W. NEAL MCBRAYER , J. Plaintiffs filed suit against the owners of a neighboring property, claiming that wastewater from the neighbors' septic system was pooling onto the plaintiffs' property. The defendants moved for summary judgment on two grounds: (1) their use of the septic system was authorized by an implied easement from the previous common ownership of the two properties; and (2) they did not breach any duty to the plaintiffs because they were unaware that the septic tank...
OPINION THOMAS R. FRIERSON, II , Judge . This is a termination of parental rights case involving the parental rights of the mother, Lequita S. ("Mother"), to her minor children, Alexis S., Jaxon S., and Jasmine S. (collectively, "the Children"). The Children were born in 2011, 2014, and 2017, respectively, to Mother and Jerry S. ("Father"). In November 2016, the Overton County Juvenile Court ("trial court") entered an order removing Alexis and Jaxon from the parents' custody and placing...
OPINION KENNY ARMSTRONG , J. Taxpayer brought action against the county and the purchaser at the delinquent tax sale alleging the sale of her property was void due to the lack of notice of the delinquent tax sale proceeding. The trial court denied the motion for summary judgment filed by the taxpayer and dismissed taxpayer's complaint in its entirety. Taxpayer appeals. Because the county never effectuated proper service on taxpayer, we reverse the trial court's decision and remand with...
OPINION THOMAS R. FRIERSON, II , Judge . This is a termination of parental rights case involving the parental rights of the mother, Melody I. ("Mother"), to her minor child, Savanna I. ("the Child"), who was eight months old at the time of trial. Shortly after the Child's birth, the Knox County Juvenile Court ("trial court") entered an order removing the Child from Mother's custody and placing the Child into the temporary legal custody of the Tennessee Department of Children's Services ("...
MEMORANDUM OPINION 1 W. NEAL McBRAYER , Judge . This post-divorce dispute concerns the enforcement of a retirement benefits provision in a marital dissolution agreement. After the defendant retired, he refused to pay any portion of his retirement benefits to his ex-wife based on his interpretation of their marital dissolution agreement. His ex-wife disagreed with his interpretation and petitioned the trial court to enforce their agreement. Both parties moved for summary judgment. The...
OPINION BRANDON O. GIBSON , J. This appeal involves a contract between an aspiring country music artist and a record company owner for promotion of the artist's songs. After the record company owner died, the artist demanded an accounting from the owner's widow and filed this lawsuit alleging that the record company and its owner breached the promotion agreement executed by the parties. The trial court found that the record company owner breached the contract by failing "to adequately...
OPINION BRANDON O. GIBSON , J. This is a parental termination case. The trial court terminated the parental rights of a mother based on the statutory grounds of severe child abuse, substantial noncompliance with a permanency plan, and failure to manifest an ability and willingness to assume custody or financial responsibility of the child. The mother appeals. We reverse in part, with respect to one ground for termination, but otherwise affirm the trial court's order terminating parental...
OPINION ANDY D. BENNETT , J. The juvenile court terminated the parental rights of the mother on grounds of abandonment by willful failure to support, abandonment by willful failure to visit, and persistence of conditions and found that termination was in the best interest of the two children. On appeal, we find that clear and convincing evidence supports all three grounds as well as the trial court's best interest determination. We, therefore, affirm the trial court's decision. FACTUAL...
OPINION ARNOLD B. GOLDIN , J. Appellant was previously terminated from his employment with the Shelby County Fire Department. After the Shelby County Civil Service Merit Board upheld Appellant's termination, judicial review followed in the Shelby County Chancery Court, which affirmed the Merit Board's decision. In his appeal to this Court, Appellant contends that the decision upholding his termination should be reversed due to a violation of his due process rights. We agree and reverse....
OPINION J. STEVEN STAFFORD , P.J. This appeal results from the trial court's dismissal of a complaint for declaratory judgment on the ground of res judicata. In 2011, the City of Memphis issued environmental neglect citations to two adjoining property owners related to damage to the properties that required significant repair. The property owners agreed with the City that repairs were necessary but could not agree on the allocation of the cost of the repairs. The cases were eventually...
OPINION JOHN W. McCLARTY , J. This action involves claims relating to the relocation of an approximate ten-foot wide golf cart path located on an easement granted in 1996. The plaintiff owner of the easement sought, inter alia, an injunction and compensatory and punitive damages for the interference with the easement. The case proceeded to a hearing on cross-motions for summary judgment, after which the court granted summary judgment in favor of the defendant owner of the servient...
OPINION J. STEVEN STAFFORD , J. Mother appeals from the trial court's order terminating her parental rights. Discerning no error, we affirm. Background The children at issue in this case, Briana H. and Dakoda F., were born in September 2006 and August 2013, respectively. 1 Briana and Dakoda are the non-marital children of Petitioner/Appellant Tiffany H. ("Mother") and Steven F. ("Father"). Father is not a party to this appeal. Briana and Dakoda first came to the attention of the...
OPINION RICHARD H. DINKINS , J. A mother appeals the termination of her parental rights to her son, who tested positive for illegal drugs at birth. In due course, the child was placed in the custody of the Department of Children's Services and adjudicated dependent and neglected; Mother was later sentenced to a ten-year prison term. The Department thereafter filed a petition to terminate Mother's parental rights and, following a trial, Mother's rights were terminated on the grounds that...
OPINION CHARLES D. SUSANO, JR. , J. Kristin McKenzie and her husband, Joshua McKenzie, filed this health care liability action individually, and on behalf of their infant child, Jacob, who sustained injuries during his birth. As a result of these injuries, Jacob has limited use of his left arm. The plaintiffs allege that defendant Dr. Matthew A. Roberts was negligent in the delivery of Jacob. They assert that he applied a vacuum extractor during the delivery without first obtaining mother'...
OPINION W. NEAL MCBRAYER , J. The purchaser of automated cake-line equipment filed this action against the seller alleging breach of contract, breach of express and implied warranties, negligent misrepresentation, and violation of the Tennessee Consumer Protection Act. On the seller's motion, the trial court dismissed the complaint as untimely. Because we conclude that the complaint was filed after the applicable limitations periods, either as agreed to by the parties or set by statute,...
OPINION ANDY D. BENNETT , Judge . A juvenile court terminated a father's parental rights on the grounds of abandonment by willful failure to support, substantial noncompliance with permanency plans, and persistence of conditions. The father appeals the termination of his rights. We conclude that the evidence clearly and convincingly supports the trial court's termination on these grounds and affirm the judgment. I. FACTUAL AND PROCEDURAL BACKGROUND Jessica M.S. ("Mother") and Brock R.B. (...
OPINION ANDY D. BENNETT , Judge . Mother appeals the trial court's decision to terminate her parental rights to two children on the grounds of (1) substantial noncompliance with the requirements of the permanency plan and (2) persistence of conditions. She further challenges the trial court's finding by clear and convincing evidence that termination of her parental rights was in the best interest of the children. We affirm the judgment of the trial court. FACTUAL AND PROCEDURAL BACKGROUND...
