Geoffrey Gilmore v. Marsha Mangrum M2002-02171-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Thomas E. Gray
This case involves an issue of change of primary residential custody of a minor child from one parent to another. Mother currently has primary residential custody. The child at issue was sexually molested by his step-brother at his Mother's residence. Father filed a petition requesting custody be changed from Mother to him. Although the trial judge found a material change of circumstances, he did not find a change of custody to be in the child's best interest and denied Father's Petition. We affirm the trial court's decision.
Sumner
Court of Appeals
Cheryl Anderson v. Carmeletha Mason M2002-01080-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Carol L. Soloman
Defendant/Appellant, Carmeletha Mason, appeals from a jury verdict and judgment against her in this wrongful death action. She was the owner of a vehicle driven by her daughter, which was involved in an accident resulting in the death of David Anderson, husband of the Plaintiff/Appellee, Cheryl Anderson. Appellant asserts that her vehicle was being operated without her permission and that she was not guilty of an act of negligent entrustment. She also asserts that the trial court erred in failing to direct a verdict in her favor. We affirm the action of the trial court.
Alpha Sheriff v. Preferred Alternative Tennessee M2002-01282-COA-R3-CV
Authoring Judge: Judge William C. Lee
Trial Court Judge: Carol L. Soloman
This matter originated in the General Sessions Court of Davidson County. A judgment against the Appellant in the amount of fifteen hundred dollars ($1500.00) was awarded to the Appellee. An appeal was made to the Circuit Court of Davidson County and the matter tried de novo. The Circuit Court of Davidson County apparently applied theories founded in the law of negligence and also entered judgment against the Appellant in the amount of fifteen hundred ($1500.00) dollars . We find the learned trial judge erred in applying negligence theory to the facts of this case but nevertheless affirm the judgment of the trial court
Davidson
Court of Appeals
Carolyn Marie White v. Timothy Moody M2002-01287-COA-R3-CV
Authoring Judge: Judge William C. Lee
Trial Court Judge: Carol A. Catalano
After the first appeal and remand in this case, the trial judge rendered another judgment based on her review of the record without hearing additional proof. While we do not find error, we find our mandate was not clear as to what proceedings we envisioned on remand. Accordingly, we clarify our mandate and remand the matter to the trial court to conduct a full hearing on the best interests of the child which would include the taking of additional proof relevant to this issue.
Robertson
Court of Appeals
In Re: Estate of Spencer Brown M2002-00141-COA-R3-CV
Authoring Judge: Chancellor W. Frank Brown, III
Trial Court Judge: Allen W. Wallace
This is a lawsuit filed by Don M. Brown ("Mr. Brown" or "the Appellant") against Allene Dunnagan ("Ms. Dunnagan" or "the Appellee") to set aside Spencer Brown's Last Will and Testament dated February 11, 2000. Mr. Spencer Brown died on February 21, 2000. Mr. Brown alleged that Ms. Dunnagan had used undue influence to get Spencer Brown to change his 1994 will. The Dickson County Circuit Court granted the Appellee's Motion for Directed Verdict and dismissed the Appellant's complaint. The Appellant appealed this decision. We reverse the decision of the trial court and remand for further proceedings.
Dickson
Court of Appeals
In Matter of: J.J.C./A.L.C./J.R.C. vs. Tabitha Stewart W2001-01799-COA-R3-CV
Trial Court Judge: William A. Peeler
This is an appeal of a termination of parental rights. For the following reasons, we vacate the portion of the juvenile court's ruling finding Mother willfully failed to support her children and affirm all other findings of the court below, thus terminating Mother's parental rights.
Tipton
Court of Appeals
Govindaswamy Nagarajan v. Michael E. Terry M2001-01480-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Barbara N. Haynes
This appeal involves a dispute between a lawyer and his former client regarding unpaid fees. After the client sued the lawyer for malpractice in the Circuit Court for Davidson County, the lawyer counterclaimed for unpaid fees. The trial court granted the lawyer's summary judgment motion and dismissed the malpractice claims. Thereafter, the trial court conducted a bench trial on the lawyer's counterclaim and awarded the lawyer a $53,884.86 judgment. The former client asserts on this appeal that the trial court erred by denying his request for a continuance, granting a judgment by default on the question of liability, denying his request for a jury trial, and considering expert evidence regarding the reasonableness of the lawyer's fee without affording him the opportunity for cross-examination. We affirm the judgment.
Davidson
Court of Appeals
National Insurance v. Katherine Simpson M2002-03109-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Robert E. Corlew, III
This appeal involves a dispute regarding an exclusion from liability coverage in an automobile insurance policy for family members. Following a collision injuring its insured's half brother, the insurer filed suit in the Chancery Court for Rutherford County seeking a declaratory judgment that the exclusion applied to the half brother's claims against the insured. Following a bench trial, the trial court determined that the exclusion did apply to the half brother's claims. Both the insured and her half brother have appealed. We affirm the trial court's construction of the insurance policy.
Rutherford
Court of Appeals
Mike Hall v. Clifford Houston M2002-01371-COA-R3-CV
Authoring Judge: Judge Marietta M. Shipley
Trial Court Judge: Stella L. Hargrove
Defendant, Clifford Houston executed a lease and contract to purchase real property with the plaintiffs Connie and Mike Hall. Upon failure to pay the entire amount of the rent and allow an inspection, the plaintiffs filed a detainer warrant, which the general sessions court granted. The case was appealed to the circuit court where the judge affirmed the award of possession to the plaintiffs, and ordered the forfeiture of the initial deposit in the purchase agreement. Defendant, Houston, appealed the trial court's decision.We affirm the possession, the judgment for unpaid rent, reverse the deposit award and remand the case for determination of attorney's fees.
Maury
Court of Appeals
James P. Lea vs. Linda Gayle Lea E2003-00041-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Neil Thomas, III
Husband asked Trial Court to terminate alimony obligation, and the amount of alimony was reduced. On appeal, we affirm, as modified.
Hamilton
Court of Appeals
Robert Riggs vs. James W. Greenlee E2003-00071-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: W. Dale Young
This is a legal malpractice suit by Robert Riggs against James W. Greenlee, who represented him in a criminal case. Mr. Riggs was convicted of a Class E felony, which carries a sentence range of one to two years. The Trial Court dismissed the case because Mr. Riggs, who it appears is still incarcerated, failed to appear when the case was set. We vacate and remand.
Sevier
Court of Appeals
Jeanette Brooks v. Charles Brooks E2002-02458-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Ben W. Hooper, II
This is a divorce case. The trial court granted Jeanette Sue Brooks ("Wife") a divorce from Charles Virgil Brooks ("Husband"), divided the parties' marital property and debts, and awarded alimony to Wife in the amount of $150 per month. Husband appeals the award of alimony and the division of the parties' debts. We affirm.
Sevier
Court of Appeals
Joe Craft v. Forklift Systems M2002-00040-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Carol L. Soloman
This is an appeal from a judgment for Plaintiff in a breach of contract action. The trial court awarded judgment on equitable principles, without any findings as to whether or not the contract had been breached by Defendant. The judgment is reversed.
Davidson
Court of Appeals
Amy Smith v. Madeleine Fowler M2002-01575-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: R.E. Lee Davies
Appellant, the defendant in fault, challenges the lower court's refusal to set aside default judgment. Appellant failed to file her answer timely in the trial court. Neither in the original Motion for Default nor in the response to the Motion to Set Aside did Plaintiff aver any prejudice to her other than delay. We reverse the default judgment and remand the case to the trial court.
W2003-01002-COA-R3-PT W2003-01002-COA-R3-PT
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Bob G. Gray
McNairy
Court of Appeals
Sally Nigro v. Vincent Nigro M2002-00134-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Donald P. Harris
In this divorce case the husband appeals the grant of the divorce to the wife, the division of the marital property, the award of alimony to the wife, the trial court's failure to make the wife pay child support, and its failure to allow the husband to relocate out of the state with the son. For her part, the wife seeks a larger portion of the husband's retirement pay and the proceeds of the marital home. We affirm.
Williamson
Court of Appeals
Marc Kayem v. William Stewart M2002-01515-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Jim T. Hamilton
Plaintiff filed suit to recover sums allegedly due under a contract of employment. The trial court awarded partial summary judgment to defendant, finding plaintiff was not entitled to certain percentages of accounts receivable. The trial court further found plaintiff had breached the contract and a covenant not to compete, and awarded defendant a judgment of $12,500. The trial court also awarded defendant's attorney's fees. We affirm in part, reverse in part, and remand.
Maury
Court of Appeals
Labor-Kraft v. Donald League M2002-01573-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: C. K. Smith
This dispute arises from a tax sale of real property in Wilson County. The County failed to give notice of the sale to plaintiff, who held a properly recorded deed of trust. The trial court determined the debt secured by the deed of trust had been paid and that the County's failure to give notice accordingly was harmless error. We affirm.
Wilson
Court of Appeals
John Hasty v. Bobbie Hasty M2002-01756-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Russell Heldman
The Petitioner seeks a reduction/termination of his alimony obligation based upon asserted material change of circumstances. The divorce was granted in 1994; thereafter the Respondent began receiving her awarded share of the Petitioner's retirement benefits, and Social Security benefits, both of which were within the contemplation of the parties at the time of the divorce, and thus cannot constitute a material change of circumstances.
Williamson
Court of Appeals
Crowder Construction v. Dwight Holland M2002-01840-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Irvin H. Kilcrease, Jr.
The trial court determined that a construction contract between the parties had been modified orally and awarded judgment to plaintiff contractor. We affirm in part and remand.
Davidson
Court of Appeals
Amprite Electric v. Tennessee Stadium Group M2002-00892-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Ellen Hobbs Lyle
The electrical subcontractor on the Adelphia Stadium job was required by the contractor, on 212 occasions, to perform extra work. Although the subcontract provided that written change orders must precede and authorize extra work, this requirement was soon mutually abandoned because the contractor, encouraged by the owner, was concerned about a timely completion. The principal issue concerns the dollar amount of compensation for the extra work. Amprite priced its extra work according to manuals used in the construction industry, as contrasted to its actual costs plus 10 percent, as the subcontract provides. Amprite concedes that although its actual costs plus 10 percent were substantially less than the amounts claimed, the contractor was estopped to deny the greater compensation. The trial court held that the contract was abandoned and that, in lieu, a different contract would be implied. Amprite was accordingly awarded compensation for "8686 hours never worked, $90,245.00 for materials never purchased and $6,877.00 for taxes never paid,"for a total recovery of $1,131,311.66. Contractor appeals insisting that the contract was not abandoned and that its provisions control. We hold that the requirement of written change orders was waived by mutual agreement but that the remainder of the contract was enforceable. The judgment is modified to allow a recovery of $170,084.00.
