Joseph Lee v. Anderson County Election Commission, et al.
The Trial Court dismissed this election contest on Motion. On appeal we hold the allegation that enough illegal votes were cast to change the outcome of the election when taken as true stated a cause of action. |
Anderson | Court of Appeals | |
Margaret Ann King v. Christy King Spain (Hudson) and Wanda Faye King, et al.
This case involves a dispute over the division of proceeds from the sale of a failed business venture. The trial court referred certain matters to a special master for determination. The special master made several specific findings, but left issues open to be decided by the trial court. The trial court adopted the findings of the special master and made no additional determinations. Appellants appeal. We must dismiss this appeal because there is no final order resolving all the claims between the parties and remand the matter back to the trial court for further determinations. |
Robertson | Court of Appeals | |
John Kirk Tarver, et al. v. Garrison's Custom Cabinets, Inc.
Based on a Special Master’s report, the Circuit Court of Shelby County entered judgment against the appellant for damages for breach of a contract to install cabinets in the appellee’s home. The appellant contends that the trial judge did not independently review the evidence in the record and that the damage award was not supported by the evidence. We affirm. |
Shelby | Court of Appeals | |
Barbara A. Meier v. James W. Meier
This is a post-divorce proceeding in which James W. Meier (“Husband”) filed a motion to amend the final decree pursuant to Tenn. R. Civ. P. 60. The trial court denied the motion. Husband appeals, contending, in part, that the trial court “committed reversible error” when it signed a judgment by consent when it knew that he did not agree to the terms of the proposed judgment. We affirm. |
Rhea | Court of Appeals | |
In Re Estate of William Joe Powell, Deceased
The decedent executed a will in 2001 and a second will in 2004. The decedent made handwritten alterations to the 2001 will at some time subsequent to its execution. After the decedent died, the 2004 will could not be located, and the 2001 will was presented for probate. The trial court ruled that the 2001 will was revoked by the 2004 will and that the decedent died intestate. We reverse the judgment of the trial court because there was no proof that the terms of the two wills were inconsistent or that the 2004 will contained a clause revoking the earlier will. Further, we remand for a determination as to whether the decedent intended to revive the 2001 will and if so, the effect of the decedent’s markings on such will. |
Meigs | Court of Appeals | |
Linda Cherry, et al. v. Robert M. Cherry, et al.
In this appeal, the trial court determined that a deed to the involved property created a resulting trust in favor of the family of the deceased grantor property owner. Grantee appeals. We affirm. |
Lauderdale | Court of Appeals | |
Dattel Family Limited Partnership v. Mary G. Wintz
This is an insurance case. The plaintiff landlord purchased insurance on an apartment building that he owned. The defendant tenant leased an apartment in the landlord’s building. A fire occurred and damaged the apartment building. Pursuant to the insurance policy, the plaintiff insurance carrier paid the landlord to cover the fire damage. The landlord and the insurance carrier, as the landlord’s subrogee under the contract of insurance, filed a lawsuit against the tenant, claiming negligence and breach of contract and seeking compensation for the damage to the apartment building caused by the fire. The tenant moved for summary judgment, asserting that, as a tenant, she was an implied coinsured under the landlord’s insurance policy, and that consequently the plaintiff insurance carrier had no right of subrogation against the tenant. The trial court granted summary judgment in favor of the tenant. The landlord and the insurance carrier appeal. We affirm, holding that, in the absence of an express agreement to the contrary, the tenant is deemed a co-insured under the landlord’s insurance policy, and therefore subrogation against the tenant is not available to the insurance carrier. |
Shelby | Court of Appeals | |
This Is the Second Appeal of this Breach of Contract Case in Gary Weaver, et al., v. Thomas
This is the second appeal of this breach of contract case. In Gary Weaver, et al v. Thomas R. McCarter, et al, No. W2004-02803-COA-R3-CV, 2006 WL 1529506 (Tenn. Ct. App. June 6, 2006), this Court affirmed the trial court’s grant of summary judgment in favor of plaintiffs and remanded the case “for further clarification concerning the amount of damages awarded with respect to plaintiff’s claims of negligence per se, negligent misrepresentation, and breach of contract.” Upon remand, the trial court entered judgment against the defendants jointly and severally and in favor of plaintiffs for compensatory damages and pre-judgment interest. Finding that the trial court abused its discretion in awarding pre-judgment interest, we reverse that portion of the Judgment. We reverse in part and affirm in part. |
Shelby | Court of Appeals | |
Stephen L. Meisenheimer & Michael Loring Meisenheimer ex rel. Stephen L. Meisenheimer v. Gordon Meyer
Gordon Meyer appeals the trial court’s denial of his motion to vacate the judgment entered against him pursuant to Rule 60.02 of the Tennessee Rules of Civil Procedure. Mr. Meyer and his former wife, Leslie Meyer, were sued by Stephen and Michael Meisenheimer after Michael Meisenheimer, a minor, was injured during a birthday party at the defendants’ residence. Mr. Meyer and Mrs. Meyer failed to appear for trial, and the trial court, after hearing the plaintiffs’ proof, entered a judgment against the defendants in the amount of $12,683.25. Mrs. Meyer’s debt was discharged in bankruptcy, and the plaintiffs sought to collect from Mr. Meyer. The judgment was revived in 2003, and after the assignee of the plaintiffs filed a motion to compel Mr. Meyer to answer postjudgment interrogatories, Mr. Meyer filed a Rule 60.02 motion to vacate the judgment. Although two attorneys entered pre-trial appearances on behalf of Mr. Meyer and Mrs. Meyer, one of whom filed an answer for the couple in circuit court, Mr. Meyer denied knowledge of the lawsuit and claimed that he did not receive notice of the trial date. Mr. Meyer submitted an affidavit from one of the attorneys who appeared on his behalf, claiming that he did not remember ever talking to Mr. Meyer about the lawsuit. An affidavit from a third attorney, Stephen Bowling, who represented Mr. Meyer in his divorce suit and to whom a copy of the judgment in this case was mailed, confirmed that he would not have accepted service or forwarded any legal documents for Mr. Meyer if the documents did not pertain to the divorce action. Following a hearing, the trial court overruled Mr. Meyer’s Rule 60.02 motion, and he appeals. After careful review, we affirm, finding that Mr. Meyer failed to meet his burden of proof to justify Rule 60.02 relief. |
Knox | Court of Appeals | |
Greta Denise Smith (Austin) v. Ricky Allan Smith
This appeal involves a petition for past due child support. When the parties divorced in 1993, the mother was designated as the primary residential parent of the child, and the father was ordered to pay child support “directly to” the mother. In 1998, the mother remarried. From that point forward, the father made his child support checks payable to the child, not to the mother. Nevertheless, the mother endorsed the checks, deposited them into the same bank account as she had before, and maintained control over the use of the funds. Years later, in 2005, the father filed a petition to modify custody, seeking to be designated as primary residential parent. The mother filed a counterclaim for child support arrearages, claiming that the father had not made proper payments as required under the divorce decree since 1998, and that he should not receive credit for the child support checks that were made payable to the child. After a hearing, the trial court gave the father credit for the child support checks. The trial court reasoned that, although the checks were made payable to the child, the money remained in the mother’s control and she treated it as her own. The mother now appeals. We affirm, concluding that the father should receive credit for the disputed payments under the circumstances presented. |
Hardin | Court of Appeals | |
Marsha L. Stewart and Timothy G. Stewart v. Ricky E. Cottrell, Kathy D. Cottrell and Heather B. Cottrell
The issue on appeal is whether the general sessions court may back date the dismissal of a civil warrant, the result of which deprives the plaintiff of the benefit of the Savings Statute to commence a new civil action. When it was discovered that the plaintiffs had requested a voluntary dismissal a year and a half earlier but the case had not been dismissed, the general sessions court entered a dismissal and backdated the effective date of the dismissal to the date the voluntary dismissal had been requested. When the plaintiffs perfected an appeal of the dismissal to the circuit court within ten days of the entry of the order of dismissal, the defendants moved to dismiss the case as being barred by the statute of limitations, relying on the nunc pro tunc application of the dismissal. The circuit court dismissed the case as time barred and this appeal followed. We have determined a dismissal of a civil warrant is not effective until an order of dismissal, signed by the judge, is entered by the clerk of the court. The plaintiffs timely appealed the dismissal of their general sessions warrant within ten days of the date of entry of the order by the clerk. Therefore, this action is not time barred. |
Davidson | Court of Appeals | |
City of Millersville v. Geary Falk
This appeal involves a dispute between the City of Millersville and a homeowner regarding the enforcement of an ordinance regulating the location of dumpsters on residential property. After the Millersville City Court fined the homeowner fifty dollars for violating the ordinance, the homeowner appealed to the Circuit Court for Sumner County. Following a bench trial, the court found that the homeowner had violated the ordinance and, in addition to fining him fifty dollars, ordered the homeowner to remove the dumpster from his property. The homeowner has appealed. We have determined that the trial court erred by ordering the homeowner to remove the dumpster from his property. |
Sumner | Court of Appeals | |
Betty Jean Webb v. David Fred Lane
Plaintiff appeals from a judgment rendered in her favor contending that the award was insufficient to compensate her for her injuries. In the absence of a transcript or sufficient statement of the evidence, we affirm. |
Rutherford | Court of Appeals | |
Anna C. Burden v. Harry Donald Burden
In this divorce case, Anna C. Burden (“Wife”) challenges the trial court’s award of joint custody and its adoption of the Permanent Parenting Plan submitted by Harry Donald Burden (“Husband”), which plan provides for equal parenting time with regard to the parties’ child, A.V. (“Child”). Wife contends that she should be the primary residential parent, with Husband having visitation rights. Wife also challenges the court’s division of the marital property and its denial of alimony. We reverse as to custody, affirm as to the division of property, and vacate the judgment as to alimony. This case is remanded for further proceedings on the issue of alimony. |
Campbell | Court of Appeals | |
Milan Box Corporation v. Donna Hardy, et al.
Plaintiff Milan Box filed this lawsuit against former employee Donna Hardy and her husband, Billy Hardy, alleging fraud, embezzlement, conversion, and unjust enrichment. During discovery the Hardys submitted responses to written interrogatories, but subsequently asserted their fifth amendment rights against self-incrimination during deposition and moved the court to stay litigationpending criminal proceedings. The Hardys subsequently withdrew the motion to stay; nevertheless, the trial court denied the motion to stay when the Hardys failed to execute deeds of trust to real property in favor of Milan Box as security. The trial court granted Milan Box’s motion for summary judgment, and the Hardys appeal. We affirm summary judgment against Donna Hardy but modify the award of damages, reverse the award of summary judgment against Mr. Hardy, and remand for further proceedings. |
Gibson | Court of Appeals | |
Willie L. Hill v. Margie L. Simpson
In this action for damages for injuries sustained in a motor vehicle accident, the Trial Judge approved a jury verdict for the defendant. Plaintiff appealed on grounds of jury misconduct. We affirm. |
Knox | Court of Appeals | |
In Re: Victoria Bowling
Defendant was cited for criminal contempt by Judge. Another Judge found defendant guilty of contempt. We affirm. |
Anderson | Court of Appeals | |
Heather McBride v. Sherry Nebel Webb
In this action, plaintiff obtained a Default Judgment. Defendant moved to set aside the Judgment. The Trial Court refused, and we affirm. |
Robertson | Court of Appeals | |
Charles Jones, et al., v. KITE/CUPP Legends Golf Development Co., et al. - Corrected Opinion
In this case, the plaintiff, Charles Jones, stepped onto a wooden bench while playing a round of golf at Vanderbilt Legends Club of Tennessee (Legends), a golf course owned by the defendant, Kite/Cupp Legends Golf Development Co. (Kite). The bench overturned and Mr. Jones fell sustaining significant injuries. Mr. Jones brought a premises liability suit against the golf course alleging that it was negligent by failing to have secured the bench to the concrete slab on which it was sitting or by failing to have warned players it was not so secured. Kite filed a motion for summary judgment which was granted by the trial court. We find there are genuine issues of material fact, and so we reverse. |
Williamson | Court of Appeals | |
Dot Vaughn and Janelle Lee, Next of Kin for the deceased Muriel Powers Davis v. John W. Harton Regional Medical Center
Muriel Powers Davis was hospitalized in the John W. Harton Regional Medical Center for pneumonia. During the admission process, it was noted she had recently fallen and had difficulty ambulating without assistance. As a result, fall precautions were implemented. Two days later, during the evening hours, she was discovered lying in the floor. An X-ray revealed a fractured femur. The fracture was surgically repaired, but Ms. Davis died some twenty days after her fall. Her next of kin instituted a medical malpractice action against the hospital alleging that Ms. Davis's fall was the result of negligent care provided by the hospital. The hospital moved for summary judgment which was granted by the trial court. After carefully reviewing the record, we are of the opinion that the affidavit filed by the hospital in support of its motion for summary judgment failed to negate the plaintiffs' right of recovery and so we reverse the judgment of the trial court. |
Coffee | Court of Appeals | |
Deborah Ann White v. Dewey Wayne White
This is an appeal from a judgment that was not final. This Court ordered that a final judgment be entered with a copy filed in the record before us, which the appellant has failed to do. Accordingly, the appeal is dismissed. |
Lawrence | Court of Appeals | |
Irina N. Parris v. Jerral D. Parris
This is a post-divorce case involving several issues stemming from a modification of child support and custody hearing and order resulting from that hearing. The parties were divorced in 2003, and the permanent parenting plan was filed on November 10, 2003. Wife retained custody of the parties’ two minor children. Husband was to pay Wife $1,250 a month child support. In 2005, Husband filed motions to review and revise both the custody and visitation arrangements contained in the permanent parenting plan and his child support obligation. The court treated Husband’s motions as a petition for modification of custody and child support. Husband represented himself pro se on July 17, 2006, at the petition hearing. The court entered an order on August 21, 2006, finding no material change of circumstance and thus, Wife retained custody of the two children. The order also increased Husband’s child support obligation. Finally, the court found Husband in contempt of court and sentenced him to five days in jail with $1,000 bond. Husband appeals, arguing that 1) the court erred in finding no material change of circumstance; 2) the court erred in the findings concerning both Husband and Wife’s income pertaining to the child support; and 3) the court erred in finding Husband in contempt. We affirm. |
Grundy | Court of Appeals | |
John C. Kersey, Sr. v. John Bratcher, Beverly Raechelle Wilson and Michelle Blaylock
John C. Kersey, Sr. (“Plaintiff”) sued John Bratcher, Clerk of the Chancery Court for Rutherford County, Tennessee (“Bratcher”); Beverly Raechelle Wilson, Deputy Clerk of the Chancery Court (“Wilson”); and Michelle Blaylock, Judicial Assistant to Circuit Judge Rogers (“Blaylock”), claiming, in part, that the defendants had violated Tenn. Code Ann. § 10-7-503 regarding records open to public inspection. Blaylock filed a motion for summary judgment, and Bratcher and Wilson filed a motion to dismiss for failure to state a claim upon which relief can be granted. After a hearing, the Trial Court granted Blaylock’s motion for summary judgment and Bratcher’s and Wilson’s motion to dismiss. Plaintiff appeals to this Court. We affirm. |
Rutherford | Court of Appeals | |
John C. Kersey, Sr. v. John Bratcher, et al. - Concurring
I fully concur in Judge Swiney’s Opinion but wish to elaborate on the fact that the Judge had custody of the file that the plaintiff sought and was charged with safekeeping and protection of the file. |
Rutherford | Court of Appeals | |
John C. Kersey, Sr. v. John Bratcher, Beverly Raechelle Wilson and Michelle Blaylock - Dissenting
I respectfully dissent from the majority’s opinion in this Public Records Act case. I would reverse the trial court’s dismissal of the claim against the Clerk and Master and the deputy clerk and vacate the grant of summary judgment as to the judge’s assistant. |
Rutherford | Court of Appeals |
