COURT OF APPEALS OPINIONS

Harper-Wittbrodt Automotive Group, LLC.,, v. Sam Teague et al.
M2001-02812-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Robert E. Burch

This is an appeal from an order of summary judgment enforcing an option to purchase clause in a lease for commercial property. The trial court awarded summary judgment to the plaintiff, finding it had exercised its option under the contract. We reverse summary judgment, finding a genuine issue of material fact as to the purchase price of the property.

Nations Rent of Tennessee, Inc., v. Mel Lange, et al., Forklifts Unlimited, LLC, et al., v. David Q. Wright, et al., Southern Wood Treatment Co., Inc. v. David Q. Wright, et al.
M2001-02368-COA-R3-CV
Authoring Judge: Special Judge Ellen Hobbs Lyle
Trial Court Judge: Chancellor Robert E. Corlew, III

Vendors of rental equipment filed suit to collect unpaid invoices from the landowner after the contractor abandoned the job. The trial court granted recovery based upon the Mechanics’ and Materialmen’s Lien Statute and quantum meruit. We reverse for insufficient proof on the correct measure of damages. Tenn. R. App. P. 3 as of Right; Judgment of the Chancery Court Reversed and Remanded.
 

Oscar Little. et al., v. Samuel Watson, et al.
M2001-00230-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge James E. Walton

Samuel and Marguerite Watson appeal the final judgment of the trial court which found that a transaction between the Watsons and the Littles involving the purchase of a house created a resulting trust. The trial court divested out of the Watsons and vested in the Littles all interest in the house after the Littles obtained new financing for the house and paid off the previous mortgage in the Watsons' name and repaid the down payment with interest. We affirm the decision of the trial court.

Timothy J. Miele and wife, Linda S. Miele, Individually and D/B/A Miele Homes v. Zurich U.S.
M2001-01104-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal arises from a complaint filed against the Appellants in the Chancery Court of Williamson County for negligence, breach of contract, and violation of the Tennessee Consumer Protection Act relating to the construction of and failure to repair a new home. The Appellants were insured by the Appellee. Following a jury trial, the jury found that the Appellants breached the construction contract. The jury also found that the Appellants were guilty of negligence and engaged in willfully deceptive or unfair actions. The jury returned a verdict against the Appellants for $98,500.00. The Chancery Court of Williamson County doubled the damages under the Tennessee Consumer Protection Act and awarded attorney's fees and costs in the total amount of $303,248.55. The Appellee paid $48,500.00 in satisfaction of the judgment. The Appellants filed a complaint against the Appellee in the Chancery Court of Davidson County. The complaint alleged that the Appellee breached its obligation to pay the balance of the judgment, acted in bad faith by denying coverage to the Appellants, and willfully and knowingly violated the Tennessee Consumer Protection Act. The Appellee filed a motion for summary judgment. The trial court granted the Appellee's motion for summary judgment. The Appellants appeal the trial court's grant of summary judgment in favor of the Appellee. For the reasons stated herein, we affirm the trial court's decision.

Angela D. Siefker v. Gary C. Siefker
M2001-01458-COA-R3-CV
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Muriel Robinson

This is a post-divorce case regarding alimony and child support. The husband was ordered to pay alimony in futuro, and child support for the parties' minor child. Later, the husband was terminated from his job, and his income dropped substantially. The husband fell behind in his support payments. Consequently, he sought a reduction in alimony and child support. Noting that the husband retained substantial assets, the trial court found that the husband was able to fulfill his obligations, denied his request for reduction in alimony, ordered him to pay his arrearage in alimony and child support, and awarded the wife reasonable attorney's fees. Child support was terminated because the minor child had graduated from high school by the time of the trial. The husband now appeals. We affirm, finding no abuse of the trial court's discretion, in of the termination of the husband's child support obligation, the wife's continued need for alimony, and the husband's retention of significant assets.

Nancy Martin vs. Charles Martin
E2001-01569-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Telford E. Forgerty, Jr.
Charles Howard Martin appeals a judgment of the Trial Court which awarded Nancy Barnard Martin a divorce and certain other relief. We affirm.

Hickman vs. Lynn Brown
E2002-02020-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Thomas J. Seeley, Jr.
Plaintiff charged a Trial Judge with violating Plaintiff's civil rights by assessing him with court costs in another case. The Trial Judge dismissed the action. We Affirm.

Hansen vs. Steven W. Bultman, et al
E2001-02664-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Dale C. Workman
In this jury case, the trial court remitted to $200,000 the jury's award of $350,000 to Albert Joseph Hansen ("Father"). The trial court's action was based upon its determination that Father had only sued for $200,000. Father appeals, contending that the trial court erred in remitting the jury's award. We affirm.

Eddie Williams vs. Dept of Corrections
E2002-00306-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Frank V. Williams, III
In this appeal from the Chancery Court for Morgan County the Petitioner/Appellant, Eddie Williams, Jr., contends that the Trial Court erred in dismissing his petition for writ of certiorari for failure to appear and prosecute. We vacate the judgment of the Trial Court and remand.

Kevin Mcnamara v. Marshall Monroe
E2002-00407-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Wheeler A. Rosenbalm

State ex rel. Quinn Johnson vs. Mike Holm
W2002-00965-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Jon Kerry Blackwood
This is an appeal of a denial of a petition for a common law writ of certiorari. The petition was filed by a prisoner seeking review of two decisions against him by the prison disciplinary board. Because the petition was filed more than sixty days after the first decision, we have no jurisdiction to address the issues presented regarding that decision. The petition was timely filed in regards to the second decision against Appellant, but we find no merit in Appellant's contentions and affirm the ruling of the trial court.

James Clark vs. Jim Rose
W2002-01245-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Martha B. Brasfield
This case involves a prisoner's allegations that correctional personnel failed to follow internal policies and procedures concerning administrative segregation of prisoners, thus denying him his due process rights. As we are unable to determine from the record if Appellant's continued presence in administrative segregation is actually non-punitive in nature, we reverse the trial court's dismissal of Appellant's petition.

W2002-01754-COA-R3-CV
W2002-01754-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: George R. Ellis

In the matter of S.M.S.
W2001-02999-COA-R3-JV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Harold W. Horne
This appeal arises from a child custody proceeding. The juvenile court granted custody to the mother. This appeal ensued. For the following reasons, we remand for further findings of fact.

In the Matter of: T.K.C., T.J.C., C.B.W., T.S.W., T.S.C.
W2001-03017-COA-R3-JV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Harold W. Horne
This is a termination of parental rights case. The mother, Tonza Williams, appeals the order of the juvenile court terminating parental rights to her five children. For the reasons hereinafter stated, we affirm the juvenile court order.

Jerry Hunter vs. MTD Products
W2002-00005-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Clayburn L. Peeples
Plaintiff sued Defendant alleging a conspiracy. The Defendant filed a motion for summary judgment which the trial court granted. Plaintiff appeals and we affirm.

Lakewood Park Trusteeship v. Ramsey Johnson
M2002-00244-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: John Wiley Rollins
The trustees of a residential/recreational development sued the owner of a number of lots in the development for failure to pay assessments for several years. The owner appeals arguing there was insufficient proof he received the notices for the years in question. We affirm the trial court's judgment in favor of the trustees.

Penny Taylor v. Christy Sowell
M2002-00535-COA-R3-JV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Betty K. Adams
Christy Sowell appeals an Order terminating her parental rights as to her child, S.P.S. The trial court, finding abandonment by willful failure to support and willful failure to visit the minor child, entered an Order terminating her parental rights. We affirm the action of the trial court.

Christopher Pope v. Dept of Correction
M2001-02937-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol L. Mccoy
A prisoner in the custody of the Department of Correction was found guilty of a disciplinary offense and sentenced to punitive segregation. He subsequently filed a Petition for Writ of Certiorari, claiming that he was not afforded due process during the disciplinary hearing at which he was convicted. The trial court dismissed his Petition for failure to state a claim. We affirm the trial court.

In the Matter of: A.W. & J.W.
M2002-01665-COA-R3-JV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Barry Tatum
The Juvenile Court of Wilson County terminated the parental rights of both parents to two young daughters. The mother appeals, asserting that the court erred in finding: (1) that the Department of Children's Services made reasonable efforts to reunite the family, (2) that she failed to substantially comply with the goals in the permanency plans, (3) that she failed to remedy the conditions that prevented the children's return to her, and (4) that the best interests of the children required the termination of her parental rights. We affirm the judgment of the juvenile court.

John A. Higginbotham v. Anne Cleve
M2002-00899-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: J. B. Cox
Anne Cleve appeals, pro se, the action of the trial judge in refusing to set aside a judgment entered against her enforcing a foreign judgment entered in the Circuit Court of Madison County, Alabama. We affirm the action of the trial judge.

08-99-0024-CC
08-99-0024-CC
Trial Court Judge: A. Andrew Jackson

E2002-1237-COA-R3-CV
E2002-1237-COA-R3-CV
Trial Court Judge: Bill Swann

Basil Marceaux v. Chattanooga Printing
E2001-03072-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: L. Marie Williams

JWT, L.P. v. Printers Press
M2001-02590-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Ellen Hobbs Lyle
Corporation sought compensatory and punitive damages for losses sustained as a result of neighboring business property owner's erection of a fence across a valid easement immediately adjacent to appellant's business. The chancery court denied corporation's claim for compensatory and punitive damages, but granted injunctive relief. Corporation appeals. We affirm.