Allie Jane Collins, and husband, Cle Collins, v. Dana Edwards, M.D. and Robert Hunt, M.D.
The trial judge dismissed this medical malpractice action on the ground that the statute of limitations had run. On appeal, we vacate and remand. |
Hamblen | Court of Appeals | |
In the Matter of: K.G., et al.
Mother appeals the trial court’s order terminating parental rights and decree of guardianship. We affirm and vacate, in part. |
Dyer | Court of Appeals | |
Arthur McRae et al., v. Knox County, et al.
This is a zoning dispute involving billboards. Its posture is not traditional because the Board of Zoning Appeals and the owner of the billboards are in agreement. The Board granted the owner two variance from a zoning ordinance; this action was challenged by the Appellees who claimed that the erection of the billboards adversely affected the value, use, and enjoyment of their property, which vested them with a special interest and entitlement to file a petition for certiorari for a judicial review of the Board's action. The Writ was granted, and a hearing resulted in a finding that the action of the Board of Zoning Appeals was unlawful and capricious. |
Knox | Court of Appeals | |
Kellie Cox v. Randy Cox
After twenty-one years of marriage and raising two children, now adults, Wife filed for divorce. The trial court granted the divorce and ordered Husband to pay rehabilitative alimony for three years, awarded Wife sole possession of the marital residence and ordered Husband to pay the mortgage as alimony in futuro until Wife remarries, lives with a person of the opposite sex or dies. Husband was also required to pay Wife's attorney fees. Husband appealed. We modify the trial court's order requiring Husband to pay alimony in futuro and reconstitute it as rehabilitative alimony with a three year limit. In all other aspects, we affirm the trial court. |
Lawrence | Court of Appeals | |
Kelvin Shoughrue, et al., v. St. Mary's Medical Inc., et al.
In this appeal in a medical malpractice lawsuit, the Appellants, J.D. Lee and the law firm of Lee, Lee & Lee, contend that the Knox County Circuit Court erred in its award of attorneys' fees. We affirm the judgment of the Trial Court and remand. |
Knox | Court of Appeals | |
Waynell C. Burnette v. Teddy Sundeen, et al.
In this litigation arising out of an automobile accident, Waynell C. Burnette ("the plaintiff") filed a motion asking the trial court to sanction Teddy Sundeen and Elhame Dauti ("the defendants") for a discovery abuse. Acting under the authority of Tenn. R. Civ. P. 37.02, the court entered a judgment by default against both defendants and, in the same order, awarded the plaintiff damages of $100,000. The defendants appeal, contending that they were not afforded proper notice of the plaintiff's intention to raise the issue of damages at the hearing on the motion for sanctions. We vacate so much of the trial court's order as awards the plaintiff unliquidated damages of $100,000. |
Blount | Court of Appeals | |
Daniel Hamilton v. T & W of Knoxville, Inc., D/B/A Lexus of Knoxville
By special verdict the jury found that the defendant automobile dealer willfully and knowingly |
Knox | Court of Appeals | |
Melissa Frazier Norwood Hoffmeister, now Brink v. John Kenneth Hoffmeister
The custody of a four-year old boy is the pivotal issue in this case. The Chancellor found that the father was the better qualified to be the primary residential custodian of his son following a recitation of the bizarre conduct of the mother. We affirm. |
Knox | Court of Appeals | |
Stacey G. Hill v. Donna Elizabeth Frazier Hill
Donna Elizabeth Frazier Hill ("Mother") filed a complaint against Stacey G. Hill ("Father") seeking to modify the parties' Permanent Parenting Plan ("the parenting plan"). Father responded and filed a counterclaim. Mother proposed a revised plan that would reduce Father's visitation time and increase his child support obligation. The trial court denied Mother's revised plan with respect to the oldest child, but granted her proposed changes with respect to the other children. The trial court designated Father as the primary residential parent of the oldest child and increased his child support obligation for the younger children; however, the trial court refused to order Mother to pay child support for the oldest child on the ground that Father "has not required the [oldest] child to comply with the original Parenting Plan based on the child's expressed desires." Father appeals, arguing that the trial court erred in deviating from the Child Support Guidelines ("the Guidelines") based upon the ground espoused by the court. We vacate so much of the trial court's order as absolves Mother of any obligation to support the oldest child in the custody of Father. |
Hamilton | Court of Appeals | |
Ruskin A. Vest, Jr., et al. v. Duncan-Williams, Inc.
Plaintiffs sued defendant alleging that defendant was negligent, breached its fiduciary duty, and committed fraud and state securities act violations in brokering the sale of municipal bonds to plaintiffs. Defendant filed a motion to dismiss for lack of subject matter jurisdiction and improper venue based upon an arbitration agreement plaintiffs entered into with a third party. The trial court denied defendant's motion to dismiss and defendant appealed. After reviewing the record, we hold that defendant has failed to prove that it is an intended third party beneficiary of the arbitration agreement. We affirm. |
Maury | Court of Appeals | |
In Re: Nellie Elizabeth Crowell
This is a Will construction case. The decedent's Will provided that her estate would be distributed to her husband. However, the husband predeceased the decedent leaving no issue. The only remaining provision in the Will provided that her estate would be distributed to certain orphan's homes if she and her husband died at the same time. The trial court found it unreasonable to construe the Will to require simultaneous death and distributed the estate to the orphan's homes. We hold that the Will contains a failed condition resulting in intestate succession. We reverse and remand. |
Davidson | Court of Appeals | |
State of Tennessee Department of Children's Services v. Pamela Atkison, et al.
This case involves the termination of the parental rights of Mother and Father over Child. Only Mother appeals the Juvenile Court’s decision. Specifically, the Juvenile Court found clear and convincing evidence to terminate Mother’s parental rights on the basis of abandonment, persistent conditions, and noncompliance with the permanency plan. In addition, Mother appeals the trial court’s denial of her motion to transfer the case and have the issue presented to a jury. Finally, Mother asserts the trial court judge erred when he did not recuse himself. For the following reasons, we affirm the decision of the trial court. |
Gibson | Court of Appeals | |
State of Tennessee, Department of Children's Services v. Sandra Lilly, in the Matter of K.M.
This case arises from the termination of parental rights of Mother and Father. Only Mother has appealed the decision of the trial court, terminating her parental rights on the grounds that (1) she abandoned Child by failing to visit, (2) she abandoned Child by failing to provide more than token support, and (3) the conditions which led to Child’s removal still persist. Mother appeals arguing that the State of Tennessee Department of Children’s Services failed to carry its burden of proof for these grounds. In addition, Mother argues that the Department of Children’s Services failed to prove that such termination of parental rights is in the best interest of Child. Finally, Mother argues the trial court committed prejudicial error when it allowed the rebuttal testimony of a witness in violation of the sequestration rule. For the following reasons, we affirm the decision of the trial court. |
Lauderdale | Court of Appeals | |
Wayne Jerrolds v. Robert D. Kelley and wife, Mitsy Kelley v. Eddie K. Whitlow, Trustee for the Hardin County Bank
This cases involves an action for declaratory judgment regarding an easement for the benefit of a landlocked parcel. The lower court found that an easement does exist and that the owners of the servient parcel are not entitled to monetary damages. On appeal, the owners of the servient parcel maintain that the lower court demonstrated bias in its comments from the bench and, further, that it erred in failing to award damages. For the following reasons, we affirm the ruling of the trial court. |
Hardin | Court of Appeals | |
State of Tennessee, Department of Children's Services v. Julie Ann Taylor and Brian K. Taylor, in the matter of S.A.T. and B.K.T.
This case involves the termination of Mother’s and Father’s parental rights to their children, though only Mother appeals the decision of the Juvenile Court. After conducting a hearing, the lower court found that there was clear and convincing evidence to terminate Mother’s parental rights on the bases of persistent conditions, noncompliance with the permanency plan, and abandonment. On appeal, Mother challenges each of the three grounds given for termination. For the following reasons, we affirm the ruling of the trial court. |
Wayne | Court of Appeals | |
Jimmie Lipford, et al., v. First Family Financial Services, Inc., et al.
The trial court excluded parol evidence and awarded Defendant summary judgment. We reverse. |
Hardeman | Court of Appeals | |
Child Bride Music, Inc v. Jackson, et al.
Assignee appeals the judgment of the trial court holding it to be bound to a reclamation of rights provision in the contract between its assignor and a grantor of copyright interests. We affirm the judgment of the trial court. |
Davidson | Court of Appeals | |
Dorothy Sue Bryant v. Damon Eugene Bryant
This case involves an antenuptial agreement. Prior to their marriage, the husband and wife entered into an antenuptial agreement which stated that each party waived his or her interest in any property acquired after the marriage in the individual spouse’s name. After a nearly twenty-year marriage, the wife filed for divorce. During the divorce proceedings, the wife argued that the antenuptial agreement should not affect the trial court’s division of property acquired during the marriage. The trial court enforced the antenuptial agreement, awarding all property held in the husband’s name to the husband, regardless of whether it would otherwise have been classified as marital property. The wife appeals. We affirm, finding that the wife waived her interest in the property under the antenuptial agreement and that the evidence does not preponderate against either the enforceability of the agreement or the trial court’s division of property. |
Obion | Court of Appeals | |
James L. Peach, et ux., v. Robert Wesley Medlin, et al.
Land owner filed complaint alleging trespass and seeking the removal of structures and signs erected by appellants encroaching upon his property. Owner further sought injunction prohibiting appellants from continued, unauthorized use of roads running across his property. The trial court found that appellants had an easement for use of one of two roads. The trial court’s final order granted owner’s request for attorney’s fees. Both parties raise issues on appeal. We affirm in part and reverse in part. |
Benton | Court of Appeals | |
State of Tennessee, Ex Rel., Joeann Kee Davis v. Frankie Lee Davis
Appellant seeks relief, under Tenn. R. Civ. P. 60.02, from final order setting child support obligations. Finding no extraordinary circumstances, extreme hardship, or excusable neglect, we affirm. |
Shelby | Court of Appeals | |
Samuel Humphreys v. Richard Selvey
Plaintiff, Tennessee buyer, filed complaint in Shelby County, Tennessee circuit court against South Carolina seller for fraudulent, unlawful, and tortious conduct in connection with contract for purchase of antique soda dispensers. Seller filed motion to dismiss, alleging as grounds lack of personal jurisdiction and improper venue, and trial court granted motion on both grounds. Buyer appeals trial court’s finding that there were insufficient contacts to establish personal jurisdiction of seller. We reverse and remand. |
Shelby | Court of Appeals | |
Beth A. Collins v. James B. Coode, III
This appeal involves a dispute regarding the post-divorce move by a primary residential parent from Clarksville to Knoxville. Upon receiving notice of the planned move, the non-residential parent petitioned the Chancery Court for Montgomery County to prevent the move or to change custody. The trial court conducted a bench trial and denied the petition. On this appeal, the non-residential parent asserts that the court applied the wrong relocation standards because it mistakenly concluded that the parents had not been spending substantially equal amounts of time with their children. We conclude that the record supports the trial court's conclusion that the parents had not spent substantially equal time with the children, and therefore, we affirm the judgment. |
Montgomery | Court of Appeals | |
John Jay Hooker v. Don Sundquist, de Facto Governor of Tennessee, in His Individual Capacity, in His Capacity as Candidate
This case involves Rule 11 sanctions. The plaintiff filed a lawsuit challenging the practice of serving meat and drink at political fund raisers, alleging that the practice violates Article X, section 3 of the Tennessee Constitution. The defendants filed a motion to dismiss, based in part on the fact that the plaintiff had previously filed similar lawsuits against other defendants upon the same constitutional grounds, and that these prior lawsuits had been dismissed. The trial court granted the defendants' motion to dismiss. The defendants then filed a motion for sanctions pursuant to Rule 11 of the Tennessee Rule of Civil Procedure. This motion was denied. The defendants appealed, and this Court reversed the denial of sanctions and remanded the case to the trial court. On remand, the trial court imposed as a sanction a screening mechanism whereby any complaint filed by the plaintiff within the next two years must be reviewed by a special master to ensure that it is not legally frivolous or duplicative. The plaintiff now appeals that order, claiming that the sanction imposed violates his constitutional rights. We affirm, concluding that the sanction imposed is reasonable and does not deprive the plaintiff of his constitutional rights. |
Davidson | Court of Appeals | |
Gilbert Lee Smith v. Betty Darmohray
In this appeal a father seeks review of the juvenile court's refusal to modify his child support obligation. We affirm. |
Rutherford | Court of Appeals | |
Karen Thomas v. Robert D. Mayfield, M.D., et al.
This appeal challenges the trial court's dismissal of the Plaintiff's action, re-filed after the expiration of the initial statutory period of limitation. We affirm the trial court and deny Appellant's Motion for Transfer pursuant to Tennessee Code Annotated section 16-1-116. |
Montgomery | Court of Appeals |
