Brookridge Apartments., Ltd. v. Universal Constructors, Inc., et al. - Concurring
Plaintiff appeals to this Court on the refusal by the Trial Judge to grant plaintiff relief pursuant to Tennessee Rules of Procedure, 60.02(1). The underlying action was dismissed on July 23, 1996 by the Trial Judge “for want of prosecution.” On July 18, 1997, plaintiff filed a motion to set aside the judgment pursuant to Rule 60, T.R.C.P. on the ground the judgment was entered because of mistake, inadvertence, and excusable neglect. The motion explained that the plaintiffs “former counsel William J. Hart, did not receive notice from the Court that the case would be dismissed for lack of prosecution pursuant to local Rule 37.02.” |
Davidson | Court of Appeals | |
Jimmy Key, v. Tennessee Board of Paroles
This appeal involves a dispute between the Board of Paroles and a prisoner convicted of being an habitual criminal over the inmate’s right to custodial parole and the calculation of his sentence credits. The Chancery Court for Davidson County granted the Board’s motion to dismiss, and the prisoner has appealed. We affirm the dismissal of the prisoner’s suit in accordance with Tenn. Ct. App. R. 10(b). |
Davidson | Court of Appeals | |
R.S. Brandt, K.M. Lundin, M.I. Lundin, N.B. Lundin, and A.T. Wiltshire, Jr. v. BIB Enterprises, LTD., A Tennessee Limited Partnership, and Gregory Smith, Individually, and Virginia Abernethy
This cases involves a d ispute over a limited partnership. BIB Enterprises, Ltd. (“BIB”) was formed on December 30, 1982 for the stated purpose of acquiring real estate, equipment and other personal property of a Bonanza Restaurant in Lawrenceburg, Tennessee. Defendant-appellant Greg Smith was named General Partner. |
Lawrence | Court of Appeals | |
Michael G. Binkley, et ux., et al. v. Rodney Trevor Medling
The captioned defendant has appealed from a judgment of the Trial Court which reads in full as follows: This cause came on to be heard on this the 23rd day of July, 1997, before the Honorable Allen W. Wallace, Chancellor, upon stipulation of the parties, certified copies of various documents, statement of counsel, and upon the entire record. From all of which the Court finds that the Defendant improperly opened a cul-de-sac located on Timberland Drive, New Johnsonville, Tennessee, and Lot No. D-6 of the Countrywood Estates Subdivision, Section IV, and further that the Defendant violated the restrictions and protective covenants of Countrywood Estates Subdivision, Section IV, as a street or driveway to unrestricted and non-conforming adjoining property, and particularly the 11.7 acre tract that was purchased by the Defendant. |
Humphreys | Court of Appeals | |
Daniel Scott Bradley, et ux. LInda Bradley, v. Geneva Lynn McCord McLeod, et vir Rodrick McLeod
This case involves a dispute between two neighbors in the Fairview community of Williamson County concerning the use of a gravel driveway. Three years after purchasing a tract of land on which portions of the driveway were located, the property owners filed suit in the Chancery Court for Williamson County to quiet title to the portions of the driveway they believed to be on their property. Their neighbors responded that the driveway was their only access to a pubic road and that they had acquired a right to use the driveway by adverse possession. After the trial court granted the plaintiffs’ uncontested motion for summary judgment, the defendants filed a Tenn. R. Civ. P. 59.04 motion asserting that they had an “easement of presumption” to use the driveway. The trial court denied the post-judgment motion on the ground that the new defense had not been timely raised. On this appeal, the losing property owners take issue with the trial court’s decision to grant the summary judgment and to deny their post-judgment motion. We affirm the summary judgment. |
Williamson | Court of Appeals | |
Jason Rains, Crystal L. Carney, and Kathy Carney v. Edwin Scott Sussdorff,III, a/k/a/ Ed Sussdorff, Vicky R. Sussdorff, E. Scott Sussdorff and Allstate Insurance Company - Concurring
While riding as passengers in an automobile owned by defendant and driven by a close friend of defendant’s son, the intervening plaintiff was seriously injured in a one-car accident when the driver apparently fell asleep at the wheel. The passenger intervened in the driver’s petition and alleged that the vehicle had been driven with the express or implied permission of its owner and sought a declaratory judgment that his insurer was therefore liable for her injuries. The trial court found the driver did not have such permission and dismissed intervenor’s petition, and she appeals. |
Hamilton | Court of Appeals | |
Heather Alicia Roach Thomson v. Patrick James Thomson - Concurring
This is an appeal from a post-divorce proceeding wherein the appellant sought a change in custody of the parties minor child on the grounds that there had been a material change of circumstances justifying such a change. The trial court dismissed the complaint and this appeal resulted. We affirm the judgment of the trial court. |
Union | Court of Appeals | |
The CIT Group/Sales Financing vs. Leslie Williams
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Madison | Court of Appeals | |
Renaissance vs. Billbury
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Court of Appeals | ||
Pigeon vs. Maples
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Court of Appeals | ||
Allstate vs. Daniel
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Knox | Court of Appeals | |
03A01-9708-CV-0365
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Knox | Court of Appeals | |
Donald Zseltvay vs. Metropolitan Government
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Davidson | Court of Appeals | |
Ashe vs. Radiation Oncology Associates
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Davidson | Court of Appeals | |
Ashe vs. Radiation Oncology Associates
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Court of Appeals | ||
Hartsville Hospital, Inc. vs. The National Bank & Trust Co.
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Trousdale | Court of Appeals | |
Angela Hogan vs. Rex Reese and Sonya M. Reese
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Sumner | Court of Appeals | |
Edward Traughber, et al. vs. Kelly A. Kress, et al.
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Montgomery | Court of Appeals | |
Concrete Spaces, Inc., et al. vs. Henry Sender, et al.
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Davidson | Court of Appeals | |
Donald Davis vs. Sumner County Sheriff, J. D. Vandercook, et al.
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Sumner | Court of Appeals | |
Henry Andrews vs. Lubricon, et al
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Shelby | Court of Appeals | |
Rodgers vs. Walker
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Court of Appeals | ||
Wanda Ortiz Degroot, v. Michael Degroot
The controversy in this appeal concerns the award of custody of Andrew, the parties' two-year-old son, to the mother. |
Greene | Court of Appeals | |
Clapp vs. Goldston
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Court of Appeals | ||
03A01-9707-CH-00278
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Blount | Court of Appeals |
