The Chancery Court of Wilson County invalidated the City of Lebanon's ordinance governing the demolition of unsafe structures, reasoning that it was inconsistent with state law and that it denied property owners the right to be heard before a demolition order issues. We hold that the ordinance is not inconsistent with the general law and that the post-order hearing provisions of the ordinance comply with the property owner's rights to due process. Therefore, we reverse and remand the cause for further proceedings.
Charles Scarlett, in the middle of a domestic dispute with his wife, flagged down a postal worker, Cindy Lourcey, and asked for help. Without warning, and in the presence of Mrs. Lourcey, Mr. Scarlett shot his wife in the head and then killed himself. Mrs. Lourcey sued Mr. Scarlett's estate alleging negligent and intentional infliction of emotional distress. Mr. Lourcey also sued for loss of consortium. The estate filed a Motion to Dismiss pursuant to Rule 12.02(6) of the Tennessee Rules of Civil Procedure for failure to state a cause of action. The trial court granted the Motion to Dismiss. We hold that the Lourceys did in fact state a cause of action. Therefore, we reverse the decision of the trial court and remand for further proceedings in accordance with this opinion.
This case is before the Court for the second time on a post-divorce Petition to reduce alimony. The trial judge denied the Petition, and we affirm the action of the trial court.
First Presbyterian Church vs. Board of Equalization E2003-00128-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Howell N. Peoples
Ms. Madeline D. Apple bequeathed her house to First Presbyterian Church of Chattanooga ("the Church") to be used for the temporary housing and convenience of the Church's missionaries. The Church filed a formal application with the Board of Equalization requesting the house be exempted from property taxation because it was used purely and exclusively for carrying out the Church's missionary work. The request for exemption was denied, a decision later upheld by an Administrative Law Judge and then by the Assessment Appeals Commission. The Church appealed the final decision of the Assessment Appeals Commission to the Hamilton County Chancery Court ("Trial Court"). After a hearing, the Trial Court concluded the house was not used purely and exclusively for religious purposes and denied an exemption. The Church appeals, and we affirm.
Hamilton
Court of Appeals
Tom Henderson vs. City of Chattanooga E2002-02165-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: W. Frank Brown, III
Five police officers employed by the Chattanooga Police Department were involved in a physical altercation with Torris Harris ("Harris") which ended with Harris' death. Harris allegedly had ties to the local Crips gang. Pursuant to the Public Records Act, a local news station requested photographs of these five officers as well as a sixth officer who had prepared the official police report. After the request was denied by the City of Chattanooga, the news station filed a petition seeking to compel production of the photographs. After a trial, the Trial Court concluded the photographs were "public records" and the undercover officer exemption found in the Public Records Act did not apply to these officers. The Trial Court also held that disclosing the photographs would not place the officers or their families at substantial risk of harm and, therefore, would not violate the officers' constitutional right to privacy. After ordering production of the photographs, the Trial Court refused to award attorney fees incurred by the successful petitioners. We affirm.
Hamilton
Court of Appeals
E2002-02474-COA-R3-CV E2002-02474-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Jacqueline E. Schulten
Hamilton
Court of Appeals
John Hannah vs. Lindsay Russell E2002-02475-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Dale C. Workman
State, ex rel. Stacy Anderson v. Stephen Taylor M2001-02193-COA-R3-CV
Trial Court Judge: Betty Adams Green
This case involves retroactive child support payments. The child was born in 1990. A petition to establish paternity was filed in 1998. The father's paternity was established and the juvenile court referee entered a parentage order and set child support. The mother amended her petition to seek child support retroactive to the date of birth. The juvenile court referee awarded retroactive child support, but awarded only a portion of it to the mother, with the remainder to be placed in an educational trust fund for the benefit of the child. The juvenile court affirmed the decision of the juvenile court referee. The mother appeals. We affirm in part and reverse in part, finding no basis for the order that a portion of the retroactive support be paid into a trust fund.
Davidson
Court of Appeals
Jennifer Skerrett v. The Association for Guidance M2002-00218-COA-R3-JV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Betty Adams Green
This appeal involves a paternal grandmother's efforts to obtain permanent custody of her grandson. After the child's mother surrendered him to a licensed child-placing agency, the grandmother intervened in the proceeding commenced in the Davidson County Juvenile Court to terminate her son's parental rights. Following a bench trial, the trial court terminated the father's parental rights and denied the grandmother's request for custody. While the grandmother does not contest the termination of her son's parental rights, she asserts on this appeal that the juvenile court erred by awarding custody of the child to the child-placing agency rather than to her. We have determined that, under the facts of this case, the grandmother lacked standing to intervene in the proceeding to terminate her son's parental rights. Therefore, we affirm the dismissal of her custody petition.
Davidson
Court of Appeals
Sierra Summerall v. Department of Correction M2002-02033-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Irvin H. Kilcrease, Jr.
This appeal arises from a prisoner disciplinary proceeding at the West Tennessee State Penitentiary. After a disciplinary board punished him for possession of marijuana, the prisoner filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County asserting that the Department of Correction had deprived him of due process by substantially departing from its Uniform Disciplinary Policies. The trial court dismissed the petition because it was not timely filed. The prisoner has appealed. We affirm the trial court.
Davidson
Court of Appeals
Richard Hughey v.Metro Gov' t Nashville and Davidson County M2002-02240-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Irvin H. Kilcrease, Jr.
Richard Hughey, a former Metropolitan Nashville police officer, appeals the action of the Chancery Court of Davidson County in affirming the adverse decision of the Metropolitan Civil Service Commission, which had rejected his application for police department employment. We affirm the action of the Chancellor.
Davidson
Court of Appeals
Mark Gore v. Department of Correction M2002-02640-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ellen Hobbs Lyle
Mark B. Gore, an inmate in the Department of Corrections, appeals the action of the Chancery Court of Davidson County in granting a T.R.C.P. rule 12.02(6) motion to dismiss his Petition for a Writ of Certiorari. We affirm the action of the trial court.
Davidson
Court of Appeals
Elizabeth Oliver v. Marc Oliver M2002-02880-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Muriel Robinson
This appeal involves a father's effort to obtain primary physical custody of his now twelve-year-old daughter. Approximately three months after the parties' divorce, the father filed a petition in the Circuit Court for Davidson County seeking to hold the mother in criminal contempt for interfering with his visitation and for alienating their daughter. He later amended his petition to seek primary physical custody. Following a bench trial, the trial court held the mother in contempt but declined to change custody from the mother to the father. The father has appealed. We have determined that the trial court did not err by denying the father's petition to change custody.
Kathy Parker v. Bobby Parker, Jr. M2001-01453-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: J. B. Cox
The trial court granted the parties a divorce, and awarded them joint custody of the three children of their marriage, with the mother to exercise primary custody. The court's order included a detailed visitation schedule, which did not mention Mother's Day. After the children spent their first post-divorce Mother's Day with the father, the mother moved the court to be granted Mother's Day visitation. The court granted the motion, and assessed attorney fees against the father. The father appeals the award of attorney fees. We affirm the trial court.
Bedford
Court of Appeals
Johann Wolmarans vs. Lifestyle Furnishings E2002-01783-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: John K. Wilson
Johann Roshe Wolmarans sues Lifestyle Furnishings, a/k/a Universal Furniture Limited, Inc., for an injury he received on its premises. The complaint as amended seeks damages under the theory of premises liability and also under the Worker's Compensation Statute. The Trial Court found that the Plaintiff was an independent contractor and dismissed his worker's compensation claim. Thereafter, a jury trial was held as to the premises liability claims and the jury found that the injury received by the Plaintiff was due entirely to his own fault. The Plaintiff appeals, raising a host of issues which we find are without merit and affirm the judgment of the Trial Court.
E2002-01158-COA-R3-CV E2002-01158-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Jacqueline E. Schulten
Hamilton
Court of Appeals
Ronnie Jones vs. George Stokely E2002-01593-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Telford E. Forgerty, Jr.
This is a boundary line dispute. The plaintiffs, Ronnie A. Jones and his wife, Vonda H. Jones ("the Jones"), appeal the trial court's finding that the property line they share with their neighbors, the defendants George Stokely and his wife, Sheila Y. Stokely ("the Stokelys"), is as alleged in the Stokelys' counterclaim. The Jones contend: (1) that the evidence preponderates against the trial court's determination of the location of the boundary line; (2) that the trial court committed reversible error when it admitted into evidence, as ancient records, certain maps and documents; and (3) that the trial court abused its discretion when it refused to grant the Jones a new trial based upon "newly discovered" evidence. We affirm.
Cocke
Court of Appeals
Heather Carey v. Margaret R. Johnson M2002-00911-COA-R3-CV
Authoring Judge: Judge Frank Clement, Jr.
Trial Court Judge: Thomas W. Graham
An employee of a utility company went to the private residence of a customer to re-connect service which had been disconnected for non-payment where she was violently attacked by the customer who hit her in the jaw with a flashlight, beat her with car keys and threatened to kill her by throwing her off of the mountain and, thereafter, show her dead carcass to her children. The utility employee sued the customer for personal injuries, infliction of emotional distress and punitive damages. The trial court granted judgment by default as to liability against the defendant for the defendant's repeated failure to attend her discovery deposition. The trial on damages was conducted without a jury. The trial court awarded compensatory damages and punitive damages. We affirm.
Marion
Court of Appeals
David Hill vs. Herbert Moncier E2003-00075-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Dale C. Workman
David T. Hill sued Herbert S. Moncier and David S. Wigler ("the Attorneys"), both of whom are attorneys engaged in the practice of law in Knoxville, alleging legal malpractice. According to Hill, the Attorneys represented him in federal court in connection with "criminal charges and criminal and civil forfeitures." He was convicted of conspiracy, conducting an illegal gambling operation, and money laundering, fined $25,000, and received concurrent sentences of 57 months. Forfeiture of property was ordered by the district court. In the instant case, Hill seeks to recover damages allegedly caused by the Attorneys' malpractice. The Attorneys moved for dismissal on two grounds, i.e., (1) the failure of Hill to obtain post-conviction relief, and (2) the bar of the statute of limitations. The trial court dismissed the complaint without reciting its basis for doing so. Hill appeals. We affirm in part and reverse in part.
Knox
Court of Appeals
Jennifer Burnett vs. Christopher Burnett E2002-01614-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Bill Swann
Jennifer Chante Burnett ("Mother") filed a Complaint for Absolute Divorce seeking a divorce from Christopher John Burnett ("Father") and requesting to be designated as the primary residential parent of the parties' minor daughter. Father filed an answer and counterclaim wherein he also sought a divorce and to be the primary residential parent. After a trial, the Trial Court determined it was in the best interests of the minor child for Father to be the primary residential parent, and entered judgment accordingly. Mother appeals, claiming the Trial Court failed to consider all relevant factors when making its custody determination and that the Trial Court's conclusion with regard to custody was intended to punish Mother and reward Father. We affirm the judgment of the Trial Court.
