Defendant appeals adverse summary judgment as to diminution in value of a 1995 Jaguar XJ6 automobile based upon alleged undisputed expert testimony. Judgment is reversed, and the case is remanded.
This appeal involves a conflict between neighbors over whether the Taylors have a right to use a gravel driveway located on property owned by the Rhoades to access their property. The trial court found that an implied easement was proved. The Rhoades appeal that judgment to this court arguing that the Taylors failed to prove two elements necessary for a finding of an implied easement. We affirm the trial court's judgment.
This appeal involves a dispute between a prisoner and the Tennessee Board of Paroles regarding the revocation of his parole. After exhausting his administrative remedies, the prisoner filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County asserting that he did not commit the crime that triggered the revocation of his parole. The trial court eventually dismissed the petition on the ground that it was not timely filed, and the prisoner has appealed. While his appeal was pending, the prisoner was released from the Department of Correction. Accordingly, because this appeal is now moot, we vacate the trial court's order and remand the case with directions to dismiss the prisoner's petition.
Davidson
Court of Appeals
Michael Harrington v. Grant Smith M2002-00840-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Carol L. Mccoy
Defendant appeals a grant of summary judgment against him on a promissory note and an additional judgment against him for breach of contract. We affirm the action of the trial court.
Davidson
Court of Appeals
Thomas Dougherty v. Joyce Parry M2002-00757-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: C. L. Rogers
A divorced father petitioned the court to transfer custody of his two children from his former wife to himself. The trial court dismissed the petition, finding that the father had not met the threshold requirement for change of custody by proving a material change of circumstances. We find that there has been such a change of circumstances, and we remand this case to the trial court with instructions to determine the best interest of the children.
Sumner
Court of Appeals
Smith County v. Dave Enoch M1999-00063-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Charles K. Smith
Smith County filed this action to enjoin the maintenance of an automobile junkyard within one thousand (1,000) feet of a county road pursuant to the authority of Private Acts. The defendant admitted his violation of the Private Acts, but pleaded (1) the asserted lack of standing of the County to file the action, and (2) the asserted unconstitutionality of the Acts. The Chancellor sustained both defenses. We reverse.
Smith
Court of Appeals
Rebecca McMurry v. Metro Government of Nashville M2000-02902-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Hamilton V. Gayden, Jr.
This appeal is brought by an employee of the Metropolitan Government of Nashville and Davidson County who slipped and fell while working and, as a result, injured her knee. The employee brought suit pursuant to the Tennessee Governmental Tort Liability Act to recover damages for her lost earning capacity, pain and suffering, and expenses. Prior to this suit, Metro paid the employee's medical expenses and compensated her for the work that she missed during her recovery. The trial judge awarded the employee $24,000, finding that Metro was at fault, but that the employee's injury was merely the exacerbation of a previous knee injury. The trial court also awarded the employee $2,858.30 in discretionary costs, but disallowed a $900 charge for the trial preparation fee of the employee's expert. The employee appeals the trial court's final order. We affirm the trial court in all respects.
Davidson
Court of Appeals
Paul Rector v. Elizabeth Halliburton M1999-02802-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Hamilton V. Gayden, Jr.
The residence owned by Mrs. Halliburton had no access owing to highway construction. She acquired a driveway easement from the adjoining landowner, who later sold the property to Mr. Rector. An electric service line extended across the front of Mr. Rector's property which was relocated. Mr. Rector's efforts to purchase the Halliburton property were unavailing, and he began a policy of harassment presumably to acquire the property. He claimed, inter alia, that the easement terminated because it was improperly maintained, and that NES moved the service line without his permission and hence was guilty of trespass. Mrs. Halliburton filed a counterclaim for damages, charging Mr. Rector with trespass and outrageous conduct. Mr. Rector's suit was dismissed, and the counterclaim of Mrs. Halliburton was sustained. The dismissal of Mr. Rector's suit is affirmed; the award of attorney fees to Mrs. Halliburton is reversed; the case is remanded for a determination of the damages sustained by Mrs. Halliburton, including punitive damages.
Davidson
Court of Appeals
Kenneth Hinton vs. Estate of John Knowles, Jr. E2002-02493-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Frank Brown, III
Estate appealed Trial Court's Judgment that plaintiff was the son of decedent. We affirm.
Hamilton
Court of Appeals
Cathy Anderton v. Gerald Anderton M1998-00950-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Don R. Ash
Rutherford County -The trial court awarded rehabilitative alimony to wife who, in her complaint, did not seek alimony but who testified at discovery that she was indigent and needed financial assistance. Husband argues that absent a pleaded request for alimony, the trial court was powerless to award it. The trial court disagreed. We affirm. Husband's petition alleging that wife was in criminal contempt for failing to allow visitation with the child of the parties was dismissed, and husband appeals. An acquittal of criminal contempt cannot be appealed.
Rutherford
Court of Appeals
Henry Watson vs. L.B. Ball E2002-00072-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Jerri S. Bryant
A Chancery Court judgment was entered in 1980, providing Henry Watson and Evelyne Watson ("the Watsons") an easement across land currently owned by L.B. Ball and Wilma Rose Ball ("the Balls"). The judgment held the Watsons had acquired an easement "for the purpose of providing ingress and egress for farm equipment only and for no other purpose." The Watsons did not use the easement or take any steps to prepare it for use for nearly twenty years. In 1999, the Watsons began construction of a road within the easement. Joe Browder and Gail Browder ("the Browders"), owners of adjoining property, placed a gate across the easement. The Watsons sued for injunctive relief. Trial was held and an order was entered on May 14, 2001, holding, inter alia, the easement had not been abandoned and that the Balls were not entitled to damages for destruction of trees within the easement. In response to the Balls' motion for additional findings of fact, an order was entered on November 13, 2001, that provided a definition of "farm equipment." The Balls appeal. We affirm.
Polk
Court of Appeals
Precision Electric vs. State E2002-01340-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Mattielyn B. Williams
This litigation arises out of an accident involving a truck owned by Precision Electric Company, Inc. ("the Claimant") and a vehicle owned by the State of Tennessee ("the State"). The Claimant filed a claim against the State with the Tennessee Claims Commission, seeking compensatory damages of $19,845 for, inter alia, the diminution in value of the Claimant's vehicle and a loss of net profits. The case was tried before an Administrative Law Judge ("the ALJ"). The ALJ awarded the Claimant $2,217 for a wrecker bill and certain interest charges, but declined to award the remaining elements of damages sought, finding that the Claimant had failed to carry its burden of proof with respect to these latter damages. On appeal, the Claimant argues that the ALJ erred in refusing to award the full amount of damages sought by it. We affirm.
Court of Appeals
Amy Butler v. Michael Butler M2002-00347-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Muriel Robinson
The mother of a minor child, as custodial parent, appeals the action of the trial court in denying her application to relocate with the child from the Nashville area to the Dallas-Ft. Worth, Texas area pursuant to Tennessee Code Annotated section 36-6-108(d). We affirm the action of the trial court.
Davidson
Court of Appeals
In the Matter of: CAF M2002-00516-COA-R3-JV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Nolan R. Goolsby
The trial court terminated the parental rights of the mother and the biological father of a three-year-old girl. It ruled, however, that there were no legal grounds to terminate the parental rights of another man who had signed a voluntary acknowledgment of paternity, but who admitted that he was not the actual father. We affirm the trial court's actions as to the child's biological mother and father, but reverse as to the other respondent.
Putnam
Court of Appeals
Lance Grigsby, et al vs. City of Plainview E2004-01644-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Billy Joe White
East Tennessee Pioneer Oil Company owned and operated a Spur convenience store in Plainview, Tennessee. As part of a bankruptcy proceeding, the Spur was sold at public auction. Potential purchasers were informed prior to the sale that the Spur was being sold with an active beer permit so long as the purchaser retained Wanda Cherry Evans ("Evans") as manager. In September of 2002, Lance and Lori Grigsby purchased the Spur, retained Evans as manager, and continued to sell beer after renaming the store the All American Market and Deli. On February 20, 2003, the beer board (the "Board") for the City of Plainview voted to revoke the beer permit. On July 3, 2003, the Grigsbys and Evans ("Plaintiffs") filed a complaint requesting the Trial Court grant a writ of certiorari and review the action of the beer board in revoking the beer permit. The City of Plainview (the "City") filed a motion to dismiss claiming that the Trial Court lacked subject matter jurisdiction because the complaint was not filed within sixty days from the entry of the Board's order or judgment and, therefore, the complaint was time barred. The Trial Court agreed and dismissed the complaint. We vacate the judgment of the Trial Court and remand for further proceedings.
Union
Court of Appeals
CH-01-1559-3 CH-01-1559-3
Trial Court Judge: D. J. Alissandratos
Shelby
Court of Appeals
CH-00-1102-3 CH-00-1102-3
Trial Court Judge: D. J. Alissandratos
Shelby
Court of Appeals
Cinderella Osborne vs. Mountain Life Ins. E2002-01023-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: John K. Wilson
This appeal raises a question of coverage under a policy of credit life insurance. The Plaintiff, Cinderella Ferrell Osborne, brought this action against Mountain Life Insurance Company ("Mountain Life"), alleging that it wrongfully denied her claim under a credit life insurance policy on the life of her deceased husband, Kenneth Scott Osborne. The Trial Court granted Mountain Life's motion for summary judgment, finding that Mr. Osborne died within six months after the effective date of coverage, from a disease for which he received medical treatment within six months of the effective date of the insurance. The Court held that these facts triggered a limitation of liability provision in the policy, which limited Ms. Osborne's recovery to the premium paid. We reverse the judgment of the Trial Court.
W2002-01746-COA-R3-CV W2002-01746-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: William B. Acree
Shelby
Court of Appeals
Geraldine Miles vs. John Walsh W2002-00234-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Robert L. Childers
This appeal arises from a medical malpractice action. Sitting without a jury, the trial court found plaintiffs had failed to prove defendants' conduct fell below the standard of care. The trial court accordingly entered judgment for defendants. We affirm.
Shelby
Court of Appeals
Frank Fly v. Simple Pleasures M2002-01385-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: J. S. Daniel
Landlord appeals an Order granting summary judgment to Tenant on the effect of a holdover tenancy after the expiration of the term of the lease. We affirm the judgment of the trial court.
Rutherford
Court of Appeals
Jennifer Norman v. Steven Norman M2001-01281-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Muriel Robinson
This appeal is the culmination of a lengthy and bitter child support battle. When the parties were divorced in 1994 by the Law Court for Washington County, the wife was awarded custody of their child, and the husband was required to pay child support. The court also approved the parties' marital dissolution agreement that, among other things, provided for annual child support adjustments and obligated the husband to provide the wife with a copy of his annual federal income tax return. The case was transferred to the Circuit Court for Davidson County after the wife and child moved to Nashville. In November 1999, the mother requested the trial court to increase child support and to hold the husband in contempt for failing to provide her copies of his tax returns. Following a bench trial, the trial court not only increased the child support prospectively but also awarded the wife $19,026 in retroactive child support back to 1996. The husband asserts on this appeal that the trial court erred by awarding retroactive child support. We have determined that the trial court did not err by awarding child support back to 1996 because the wife had filed a motion to modify child support in 1996 that had never been acted upon. Accordingly, we affirm the judgment.
Davidson
Court of Appeals
Bellsouth BSE v. Tennessee Reg. Authority M2000-00868-COA-R12-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
BellSouth BSE, Inc. appeals from an order of the Tennessee Regulatory Authority denying BSE's application for certification as a competing local exchange company in those areas where BSE's affiliate, BellSouth Telecommunications, is the incumbent provider of local services. Because the TRA denied the petition on the basis that such certification may be inconsistent with the goal of fostering competition and could be potentially adverse to competition, as opposed to establishing conditions or requirements designed to ensure that anticompetitive practices did not occur, we vacate the order as beyond the agency's statutory authority.
