6 results for 'judge:"Stafford"'.
J. Stafford finds that the trial court properly terminated a father’s parental rights on the grounds of abandonment by an incarcerated parent through wanton disregard, and failure to manifest an ability or willingness to parent. He alleges his due process rights were violated, but fails to show a deprivation in the termination proceedings. Therefore, there was a clear and convincing evidence that termination was in the child’s best interest. Affirmed.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: May 16, 2024, Case #: M2022-01252-COA-R3-PT, Categories: Family Law, Due Process
J. Stafford dismisses a homeowner’s appeal stemming intentional misrepresentation, negligent misrepresentation, fraud and Truth in Lending Act claims brought against the mortgage service that refinanced her mortgage. She fails to comply with requirements of the appellate procedure rules. Therefore, this case is remanded to the trial court for further proceedings. Reversed.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: May 16, 2024, Case #: M2023-00696-COA-R3-CV, Categories: Civil Procedure, Fraud, Banking / Lending
J. Stafford finds the lower court properly found in favor of a store in a premises liability matter. A customer fell as she entered the store, breaking her hip. It was raining and store personnel placed a mat and wet floor sign at the store entrance. Video surveillance footage showed the customer shuffle across the mat and fall. The customer's original complaint alleged she slipped on the wet floor, but the store argued that she tripped over her own feet as she shuffled across the mat; the customer amended her complaint to claim the wet mat caused the fall. The lower court found the customer presented no evidence that the mat caused the fall and that her original claim was unsupported as video evidence showed she fell while on the mat, never having an opportunity to slip on the floor. On appeal, the customer argues the lower court erred in its decision because it did not view the full video surveillance video, but the lower court informed the parties it was unable to due to technical difficulty, and the customer failed to object, thereby waiving her argument. Affirmed.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: March 6, 2024, Case #: E2023-00702-COA-R3-CV, Categories: Evidence, Negligence, Premises Liability
J. Stafford finds the lower court properly denied a petition to terminate a mother’s parental rights to her minor child. Despite finding that grounds for termination for failure to support and failure to visit were supported, it determined that termination of the mother’s parental rights is not in the child’s best interest. Because the instant court finds that the standard of clear and convincing evidence for termination of parental rights was not met, it affirms the lower court’s decision to dismiss the petition. The instant court finds there is insufficient evidence to support the lower court’s finding of persistence of conditions and reverses that finding. Affirmed in part.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: February 16, 2024, Case #: E2023-00042-COA-R3-PT, Categories: Family Law
J. Stafford finds the lower court properly dismissed a former client's claim that his former attorney fraudulently billed him at a higher rate than they had agreed. The former client seeks recusal of the trail judge in addition to relief for the alleged fraud. The instant court finds the client's request for recusal to be without merit as there is no indication of bias or an unfair trial. His allegations of fraud and breach of contract are unsupported. Affirmed.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: September 21, 2023, Case #: M2022-00273-COA-R3-CV, Categories: Fraud, Legal Malpractice, Contract
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J. Stafford finds the lower court improperly narrowed the scope of a petition for contempt. A mother filed a petition for civil and criminal contempt against a father for failure to pay child support. The lower court chose to move forward with only the civil contempt allegation and found that while the father was in contempt and had failed to make child support payments for a period of time, he subsequently made timely payments for two years, and the lower court decided he had absolved himself of the civil contempt. The trial court’s decision to consider only the civil contempt portion of the mother's petition for contempt is reversible error. The matter is remanded for further proceedings. Vacated.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: September 21, 2023, Case #: W2022-00443-COA-R3-CV, Categories: Contempt, Family Law