8 results for 'judge:"Usman"'.
J. Usman finds the lower court properly terminated the parental rights of a mother to her two children on grounds of abandonment by failure to visit, abandonment by failure to support, failure to manifest an ability and willingness to assume custody, and that it is in the children’s best interest. The mother and father have been divorced for over a decade, and the children have lived exclusively with their father and stepmother since 2009. The lower court found the mother’s employment history to be spotty, she lacked stable housing, and has been in a violent relationship with a boyfriend for approximately nine years. The lower court did not err in its decision to terminate the parental rights of the mother and grant stepparent adoption to the stepmother. Affirmed.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: February 26, 2024, Case #: M2023-00279-COA-R3-PT, Categories: Family Law
J. Usman finds the lower court properly found in favor of an employee in this contract and employment matter. A timeshare cancellation negotiating company terminated an employee for attendance issues, but the employee argued her termination was retaliatory because she invoiced the company for unpaid commissions per her employment contract. A jury agreed with the employee and awarded her damages for breach of contract, unjust enrichment, retaliatory discharge and punitive damages. The employer argued the awards were erroneous and excessive, but the instant court finds no error in the trial court’s determination. Affirmed.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: February 6, 2024, Case #: M2022-00630-COA-R3-CV, Categories: Damages, Contract, Employment Retaliation
J. Usman finds the lower court improperly dismissed a consumer’s complaint against a construction company. The consumer filed suit against the construction company claiming it violated their contract when it allegedly constructed concrete structures on his property without using rebar. The lower court ultimately dismissed the consumer’s complaint with prejudice for failure to prosecute, but two days prior to the lower court entering its written order, the consumer filed a notice to voluntarily nonsuit the matter. The construction company argues that the lower court’s oral ruling eliminated the consumer’s right to voluntarily nonsuit, but the instant court finds that a dismissal does not become final until the written order is entered, and the consumer maintains his right to voluntarily dismiss the case. Reversed.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: January 18, 2024, Case #: W2022-00256-COA-R3-CV, Categories: Civil Procedure, Construction, Contract
J. Usman finds the lower court properly terminated the parental rights of a mother to her three minor children on grounds of abandonment by failure to visit, abandonment by failure to support, abandonment by failure to provide a suitable home, substantial noncompliance with a permanency plan, persistent conditions, failure to manifest an ability and willingness to assume custody, and that it is in the children’s best interests. The children were removed from the mother’s care after the Tennessee Department of Children’s Services received a referral regarding the children’s living conditions and mother’s drug use. Because the mother failed to establish a stable residence, did not comply with the permanency plan, and continued using drugs, her parental rights were ultimately terminated, with all grounds of termination sufficiently supported by evidence. Affirmed.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: December 4, 2023, Case #: M2023-00096-COA-R3-PT, Categories: Family Law, Juvenile Law
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J. Usman finds the lower court properly found that a father is willfully underemployed and properly adjusted his monthly child support obligation going forward. The lower court improperly calculated the amount of retroactive child support he owed, because they only assessed it for a period in which he did not pay any child support, rather than including the months that he did pay regularly, but the amount was less than the current rate. The matter is remanded for recalculation of retroactive child support owed. Affirmed in part.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: July 31, 2023, Case #: M2021-01189-COA-R3-JV, Categories: Family Law
J. Usman finds the lower court properly determined that a father committed 16 counts of criminal contempt in this matter of divorce, and as such sentenced him to jail and awarded the mother attorney fees. In all, the lower court found the father guilty of 23 counts of contempt, but the instant court found that evidence was insufficient to support five of the counts; four of those counts are reversed and one is vacated, the lower court’s findings are otherwise affirmed. Reversed in part.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: July 17, 2023, Case #: W2021-01018-COA-R3-CV, Categories: Contempt, Family Law, Attorney Fees
J. Usman finds the lower court properly granted a tenant’s motion to compel in this landlord/tenant matter. A lawsuit was filed against a tenant of a property that was damaged when a cat caused a ribbon to come into contact with a lit candle. The fiery ribbon set a craft basket containing aerosol cans aflame and the resulting explosion set the home afire. The tenant motioned to compel and found the lawsuit was a subrogation action brought by the landlord’s insurance company in their name. The lower court properly found in favor of the tenant because the lease does not specify which party must obtain fire insurance on the property, and it does not prohibit the tenant from being considered a co-insured party under the landlord’s insurance; as a co-insured party, the insurance company cannot bring a subrogation action against the tenant. Affirmed.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: June 5, 2023, Case #: M2022-00708-COA-R3-CV, Categories: Insurance, Landlord Tenant