Marcie Allen v. Rashid Al-Qadir M2001-03009-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: R.E. Lee Davies
This is an appeal from an Order entered on a jury verdict. Plaintiffs sued to set aside a transfer of property to Defendant-purchaser because Plaintiffs had an pre-existing contract on the same property. Plaintiffs also sued the Defendant-seller for specific performance of that pre-existing contract. The Chancery Court entered judgment on the jury verdict, finding, inter alia, that Defendant-purchaser was not a bona fide purchaser for value without notice. The court denied Defendant-purchaser's motions for new trial and to alter or amend. Defendant-purchaser appeals. We affirm.
Williamson
Court of Appeals
Michael Holeman v. Donna Holeman M2001-00622-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Steven C. Douglas
After the trial court granted the parties a divorce, awarded them joint custody of their minor child, and granted primary physical custody of Child to Mother for the school year, Father filed a motion to reconsider the custody arrangement. The trial court denied the motion and Father appeals. We affirm the decision of the trial court.
White
Court of Appeals
Arlie Bingham vs. John Doles W2002-00104-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Ron E. Harmon
This appeal arises from a boundary line dispute. The plaintiff filed suit against the defendant, an adjacent land owner, alleging that a proposed addition to the defendant's home would encroach onto the plaintiff's property. The trial court ruled that defendant had gained title to the disputed property under the doctrines of adverse possession and title by acquiescence. The plaintiff appealed challenging the court's ruling on adverse possession. For the following reasons, we affirm the decision of the trial court.
Hardin
Court of Appeals
Judy Rodriguez v. Metro Gov't. of Nashville M2001-02500-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Ellen Hobbs Lyle
Municipal employee filed a petition for review of civil service commission order terminating her employment. The chancery court affirmed the order of the commission, finding that the record contained substantial and material evidence to support the termination. The employee has appealed. We affirm.
Davidson
Court of Appeals
State v. Michael Pate M2001-00076-COA-R7-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Allen W. Wallace
This case originated in the Juvenile Court of Dickson County, Tennessee and was appealed to the circuit court pursuant to Tennessee Code Annotated section 37-1-159(a). Michael Pate appeals the action of the circuit court adopting the juvenile court action with slight modifications. We affirm the action of the trial court.
Dickson
Court of Appeals
Henry Kerr v. Earl Lemoine M2001-00986-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Carol L. Mccoy
Appellant judgment creditor appeals from the action of the trial court in post-judgment proceedings allowing installment payments of the underlying judgment. The record before the Court is inadequate for appellate review, and acting within our discretion, we remand the case to the trial court for further proceedings.
Davidson
Court of Appeals
CH-02-0287-3 CH-02-0287-3
Trial Court Judge: D. J. Alissandratos
Anna Lamb v. State M1998-00910-COA-R12-CV
Authoring Judge: Judge William C. Koch, Jr.
This appeal stems from a mother's allegations that her mentally impaired daughter was sexually abused while in the custody of the Alvin C. York Agricultural Institute. The mother filed a claim on her daughter's behalf with the Division of Claims seeking $300,000 in damages. The claim was transferred to the Tennessee Claims Commission where, following a hearing, a Commissioner dismissed the claim because the mother had failed to establish that her daughter had been sexually abused while she was in the State's custody. The mother asserts on this appeal that the evidence preponderates against the Commissioner's findings. We affirm the Commissioner's dismissal of the claim.
Court of Appeals
Ginnie Leach vs. Tim Taylor W2002-01091-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Clayburn L. Peeples
Gibson
Court of Appeals
Ginnie Leach vs. Tim Taylor W2002-01091-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Clayburn L. Peeples
Gibson
Court of Appeals
Jackie Reynolds vs. Tammy Battles W2002-00031-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: C. Creed Mcginley
This is an appeal from on order denying a Tenn. R. Civ. P. 60.02 motion to set aside a default judgment entered in favor of the plaintiffs for $1,200,000. We vacate the order of the trial court and remand for further proceedings.
Hardin
Court of Appeals
Helen Hall vs. James Hall W2002-00786-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Martha B. Brasfield
Plaintiff-wife sued defendant husband for a divorce on the grounds of inappropriate marital conduct and irreconcilable differences. After a nonjury trial, a divorce was awarded to wife and she was awarded alimony in futuro and part of her attorney fees. Husband has appealed the award of in futuro alimony. We affirm.
Tipton
Court of Appeals
Bruce Martin vs. Beverly Martin W2002-00819-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Ron E. Harmon
This is a divorce case. Prior to their marriage, the husband and the wife executed a prenuptial agreement. The agreement stated that upon divorce, if jointly-held property were sold, each party would be credited his or her share of separate property contributed to the purchase of the jointly-held property, with the remaining funds divided according to each party's ownership share. After the parties married, they purchased land with the intention of converting it into a catfish farm. The husband and the wife both contributed financially towards the purchase of the land. Both parties worked full time. The husband used his machinery that he owned separately and expended labor to convert the land to a catfish farm. The wife maintained their home. The parties divorced. At the divorce hearing, the husband argued that, under the terms of the prenuptial agreement, he should be credited for his labor and the use of his heavy machinery to improve the farm land. The trial court declined to do so, and credited the husband and the wife with their respective financial contributions. The parties' personal property was divided equally. The husband appeals, arguing that he should have been credited for his labor and the use of his heavy machinery, and also disputing the division of the personal property. The wife asserts that she should have received a larger percentage of the proceeds from the sale of the property. We affirm.
Benton
Court of Appeals
Patsy Moss vs. John McGarvey W2001-02347-COA-R3-JV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: George E. Blancett
This is an action to collect a child support arrearage. The mother and father of two minor children were divorced in 1973, and custody was awarded to the mother. In July 1981, the trial court entered a consent order requiring the father to pay the mother $35 per week in child support. In May 2000, nineteen years after the consent order was entered and ten years after the younger child turned eighteen, the mother filed a petition to collect the child support arrearage from the father. The father argued, among other things, that the mother's petition was barred by the doctrine of laches. The trial court granted the mother's petition and ordered the father to pay the child support arrearage, plus interest and attorney's fees. The father now appeals that order. We affirm, based on established caselaw holding that the doctrine of laches is not available as a defense in an action to recover child support arrearages.
Shelby
Court of Appeals
Robert Stephenson vs. Mary Stephenson W2002-01064-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Christy R. Little
This appeal involves a will contest. The trial court found the testator to be competent at the time the will was executed and held that the will was the "complete, whole, true and valid Last Will and Testament" of the testator. For the following reasons, we affirm.
Madison
Court of Appeals
Mid-America Apt. Communities vs. Country Walk W2002-00032-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Floyd Peete, Jr.
Plaintiff filed suit for damages to ponds on its property caused by silt flowing from upstream property under development by Defendants. The trial court found that the suit was timed barred by the three year statute of limitations applicable to causes of actions for injuries to property and accordingly entered judgment in favor of the defendants. We reverse and remand.
Kubota Credit vs. Doug Tillman W2002-00885-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Joseph H. Walker, III
The plaintiff creditor in this case filed suit to recover a tractor that was subject to a security agreement and was pawned to the defendant pawnbroker. The court below awarded summary judgment to the creditor. The pawnbroker appeals, claiming the creditor's security agreement was not properly perfected, and that the creditor therefore does not have a superior right to possession of the tractor. We find issues of material fact exist regarding whether the security agreement was perfected, whether the pledgor had authority to pawn the tractor, and whether the pawn transaction was entered into in good faith. We reverse summary judgment and remand.
Tipton
Court of Appeals
First Citizens Nat'l Bank for Will Wray vs. Janice Wray W2002-00525-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Lee Moore
This case involves a trust. The decedent established a trust in his will. His son-in-law and a bank were designated as co-trustees. A parcel of property with a home was placed into the trust. The trust allowed one of the beneficiaries, the decedent's grandson, and his wife to live in the house at no charge. The beneficiary and his wife divorced, and as part of their marital dissolution agreement, the beneficiary gave his ex-wife his possessory interest in the home, at no charge. The son-in-law/trustee died, leaving the bank as the sole trustee. The bank required the ex-wife to begin paying rent; she declined. The bank then filed the instant lawsuit against the ex-wife for past rent from the time they first requested rent from her, and also a declaratory judgment permitting the bank to sell the home. The trial court found that the trustees ratified the terms of the MDA between the beneficiary and the ex-wife, allowing her to remain in the home rent-free until the trust expired. The bank appeals. We reverse, finding that the trustees could not ratify the MDA, a contract to which the trust was not a party.
Lake
Court of Appeals
Virginia Abernethy v. Robert S. Brand M2002-00274-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Stella L. Hargrove
This is a malicious prosecution case. In the underlying case, plaintiff was sued by the defendants herein seeking recovery of damages for plaintiff's alleged fraud and embezzlement. In a bench trial, judgment was entered for plaintiff. Plaintiff filed the instant case alleging malicious prosecution. Defendants raise the defense of advice of counsel and their motion for summary judgment was granted. Plaintiff has appealed. We affirm.
Lawrence
Court of Appeals
Jeremie Sparrow vs. John Sparrow W2001-01290-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Joe C. Morris
This is a child support case. Although Mother received $4000 a month in rehabilitative alimony, the trial court set her child support obligation at nothing. Because the trial court did not fully set out its reasoning for this deviation from the Child Support Guidelines as required by statute, we reverse and remand.
Madison
Court of Appeals
Jacqueline McKinley vs. Samuel Simha W2001-02647-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: George H. Brown
Patient brought medical malpractice action against physician and medical group for complications that allegedly arose from injury to patient's right ureter suffered during total abdominal hysterectomy performed by defendant physician. The trial court denied defendants' Motion for Directed Verdict on the issues of cause and permanency of patient's condition. The trial court entered judgment on jury verdict for patient and subsequently awarded prejudgment interest to patient. Physician and medical group appealed. We affirm the trial court's denial of the directed verdict motion and its judgment on the jury verdict, and reverse the court's award of prejudgment interest.
Shelby
Court of Appeals
Mark VII Trans. vs. Joseph Belasco W2002-00450-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Kay S. Robilio
This appeal arises from a declaratory judgment action filed by Mark VII Transportation Co., Inc., in which it sought a judgment declaring the parties' respective rights and obligations under an asset purchase agreement. The trial court awarded summary judgment to the Defendant. We affirm.
