9 results for 'judge:"McBrayer"'.
J. McBrayer finds that the trial court properly included a father’s military disability benefits as income in this child support dispute with the mother. He claims that veteran’s disability benefits should not be calculated as income for child support because federal law preempted the state law, but he failed to timely file his constitutional challenge. Tennessee’s child support guidelines allow for the calculation of disability benefits. Affirmed.
Court: Tennessee Court of Appeals, Judge: McBrayer, Filed On: August 22, 2024, Case #: M2022-00759-COA-R3-CV, Categories: Family Law, Military
J. McBrayer finds that the trial court improperly in part determined that the husband violated a court order regarding his alcohol intake on weekends he had his child. While most of the contempt findings were correct, the trial court incorrectly found that the husband's positive alcohol tests on two occasions violated the court order. The sentence of imprisonment must be vacated for the imposition of a new sentence. Vacated in part.
Court: Tennessee Court of Appeals, Judge: McBrayer, Filed On: July 30, 2024, Case #: W2022-00227-COA-R3-CV, Categories: Contempt, Family Law
J. McBrayer finds that the trial court properly determined a minor child should be adopted by his maternal grandfather since the comparative fitness test indicated this arrangement would serve the best interests of the child following the death of his mother. Affirmed.
Court: Tennessee Court of Appeals, Judge: McBrayer, Filed On: May 9, 2024, Case #: W2022-01617-COA-R3-PT, Categories: Family Law
J. McBray finds the lower court improperly terminated a mother’s parental rights to one of her children on grounds of severe child abuse, abandonment by failure to visit, abandonment by failure to provide a suitable home, persistence of conditions, substantial noncompliance with the permanency plan, and failure to manifest an ability and willingness to assume custody. On the day of trial, the mother was late to court due to a job interview, of which counsel had been notified, but mother’s counsel moved to withdraw, and the lower court erroneously granted it, informing the mother when she arrived that she would have to represent herself. The instant court finds the record does not support the lower court’s argument that the mother waived her right to counsel. The matter is remanded for further proceedings. Vacated.
Court: Tennessee Court of Appeals, Judge: McBrayer, Filed On: April 5, 2024, Case #: E2023-01112-COA-R3-PT, Categories: Family Law, Due Process
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J. McBrayer finds the lower court properly determined a broker was due unpaid commissions from a client, but improperly calculated the number of commissions he was owed. The broker entered into an agreement with a dialysis company to locate sites for new clinics. He was to receive a commission when leases were renewed or extended. The lower court determined there were eight instances of either renewals or extensions for which he was not paid, but the instant court finds there were only six and modifies the award accordingly. Affirmed.
Court: Tennessee Court of Appeals, Judge: McBrayer, Filed On: March 27, 2024, Case #: M2022-00937-COA-R3-CV, Categories: Real Estate, Contract
[Consolidated] J. McBrayer finds the lower court properly granted summary judgment to a credit union in this banking matter. A federally chartered credit union agreed to purchase substantially all the assets of a state chartered bank. The Commissioner of the Tennessee Department of Financial Institutions argued that the sale violated the Tennessee Banking Act because the credit union was not a bank holding company. The lower court found the Act prohibited the purchase of the bank as an corporate entity, but does not prohibit the sale of substantially all of its assets. Affirmed.
Court: Tennessee Court of Appeals, Judge: McBrayer, Filed On: December 4, 2023, Case #: M2022-00796-COA-R3-CV, Categories: Government, Banking / Lending
J. McBrayer finds the lower court properly divided marital assets, denied spousal support, and applied sanctions in this divorce matter. Having missed a court-ordered discovery deadline, the wife was sanctioned with a limit to the proof she could present. She argues against the sanction and denial of spousal support, but sanctioning is within the lower court's discretion, and the evidence does not support her request for spousal support as she is educated and employable. The wife's argument against the division of marital property is waived, as she failed to include a required table of properties and debts and their valuations in her brief. Affirmed.
Court: Tennessee Court of Appeals, Judge: McBrayer, Filed On: October 27, 2023, Case #: M2020-00473-COA-R3-CV, Categories: Family Law, Sanctions
J. McBrayer finds that the lower court properly modified an existing parenting plan, awarding custody of the parties’ minor daughter to the father. The lower court determined that a material change in circumstances occurred as the child has a difficult relationship with her stepfather, who disciplined her with a belt and continued to do so despite a court order requiring him to cease such activity. The lower court correctly found it in the child’s best interest to modify the agreed permanent parenting plan and make the father the primary residential parent. Affirmed.
Court: Tennessee Court of Appeals, Judge: McBrayer, Filed On: October 27, 2023, Case #: M2022-00259-COA-R3-CV, Categories: Family Law