7 results for 'judge:"Frierson"'.
J. Frierson finds the lower court properly terminated a mother and father's parental rights to their two minor children on grounds of severe child abuse, substantial noncompliance with permanency plans, failure to manifest an ability and willingness to assume custody of or financial responsibility for the children, and that it was in the best interest of the children. The twin children were born premature and tested positive for opiates and methadone following their birth. In a Department of Children’s Services interview, the mother admitted to using pills and methadone during the pregnancy and having used heroin three weeks prior to delivery. The father said he knew that the mother was using drugs while pregnant and he also has a history of drug use. The paternal grandparents were given temporary custody, but it was revoked after they left the children with the parents and the parents were arrested by the U.S. Marshals Service. At the arrest, drugs, burnt spoons, and syringes were in the home and in reach of the children. The children were placed in foster care and a permanency plan was established for the parents, but DCS eventually petitioned to terminate parental rights after the mother and father were both incarcerated for significant drug-related and other offenses.
Court: Tennessee Court of Appeals, Judge: Frierson, Filed On: February 16, 2024, Case #: M2023-00656-COA-R3-PT, Categories: Family Law
J. Frierson finds that the lower court properly granted a property owner’s motion to dismiss. A property owner advertised and rented a home as a vacation rental. A neighbor and fellow property owner asked the property owner to discontinue renting out the property as it violated neighborhood restricted covenants, but the property owner refused, resulting in the instant litigation. The lower court dismissed the matter and declined to consider its merits, correctly finding that the neighbor failed to join all of the real property owners in the subdivision per the requirements of the Tennessee Declaratory Judgments Act. Affirmed.
Court: Tennessee Court of Appeals, Judge: Frierson, Filed On: October 27, 2023, Case #: E2023-00021-COA-R3-CV, Categories: Property, Real Estate, Zoning
J. Frierson finds the lower court improperly terminated a wife’s transitional alimony and ordered her to repay the husband for payments made during the pending matter. The wife’s transitional alimony was terminated because she was found to have cohabitation with her parents, but the instant court finds the lower court failed to address the wife’s living situation at the time of trial, as she testified that she had purchased her own home four months prior. The matter is remanded for further findings. Vacated.
Court: Tennessee Court of Appeals, Judge: Frierson, Filed On: September 1, 2023, Case #: E2022-00859-COA-R3-CV, Categories: Family Law
J. Frierson finds the lower court properly terminated a father's parental rights on grounds of abandonment by failure to visit, persistence of conditions, severe child abuse, mental incompetency and inability to care for the child, failure to manifest and ability and willingness to assume custody and financial responsibility of the child, and that it is in the child's best interests. The father had visitation with his son after he and the mother separated, but visitation was terminated after the child was found dependent and neglected while in the father’s care and was the subject of severe abuse. Despite the father making positive changes in his lifestyle, grounds for termination were proven by clear and convincing evidence. Affirmed.
Court: Tennessee Court of Appeals, Judge: Frierson, Filed On: June 29, 2023, Case #: M2022-01466-COA-R3-PT, Categories: Family Law
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J. Frierson finds the lower court properly terminated the parental rights of a mother to her child on grounds of abandonment through failure to support, abandonment through failure to visit, and severe abuse of the child’s sibling, but improperly terminated on grounds that it is in the child’s best interest because the lower court did not apply amended best interest factors. The matter is remanded for further action. Affirmed in part.
Court: Tennessee Court of Appeals, Judge: Frierson, Filed On: June 22, 2023, Case #: M2022-00839-COA-R3-PT, Categories: Family Law
J. Frierson finds the lower court improperly valued the marital assets and retirement accounts of the parties in this matter of divorce, and those specific issues are remanded to the lower court for further action. All other decisions by the lower court in the instant matter are found to be without error. Affirmed in part.
Court: Tennessee Court of Appeals, Judge: Frierson, Filed On: May 26, 2023, Case #: E2021-00399-COA-R3-CV, Categories: Family Law