Mechanic's Laundry vs. Auto Glass W2001-01113-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: George H. Brown
In this breach of contract case, defendant corporation denies liability under the contract because defendant's employee who signed the contract, ostensibly on behalf of the corporation, had no authority to do so. Plaintiff contends that the person signing the contract had apparent authority to act for the corporation. The trial court granted summary judgment to the plaintiff. Defendant appeals. We vacate, render, and remand.
Shelby
Court of Appeals
Charles Crews (Dexter Ridge Shopping Center) vs. Michael Cahhal, et al. W1999-02354-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Karen R. Williams
This is a breach of contract case. The plaintiff developer leased space to a corporation for use as a restaurant. The shareholders of the corporation entered into a separate agreement with the developer to guarantee the lease. The corporation defaulted on the lease. The developer filed unlawful detainer warrants in general sessions court against both the corporation and the shareholder guarantors. Thereafter, the corporation filed for bankruptcy, thus staying the general sessions court proceedings as to the corporation. The general sessions court dismissed the entire action, including the claim against the guarantors, because the bankruptcy stay prevented the developer from recovering possession. This decision was appealed to circuit court. Meanwhile, the developer had filed a second lawsuit for breach of contract against the guarantors. The second lawsuit was consolidated with the appeal of the unlawful detainer action pending in circuit court. After a trial, the circuit court affirmed the dismissal of the unlawful detainer action and dismissed the breach of contract action based on the doctrine of former suit pending. This appeal followed. We reverse and remand, finding, inter alia, that the action in general sessions court against the guarantors was for breach of contract and, therefore, recovery of possession of the premises was not required in order to obtain an award of damages against the guarantors.
Shelby
Court of Appeals
Jennifer Branham vs. Jeffery Branham E2003-01253-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Thomas R. Frierson, II
Mother petitioned the Court to relocate to Kentucky with the parties child, which the Trial Court granted. On appeal, we affirm.
James Gunter v. Tim Emerton M2001-00364-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: John J. Maddux
In this action against a police officer for invasion of privacy by placing the plaintiff in false light the trial court granted summary judgment to the defendant. On appeal, the plaintiff claims that the trial judge erred by granting summary judgment on a defense not raised by the defendant. We affirm.
Overton
Court of Appeals
Southwest Williamson County Community Assoc. v. J. Bruce Saltsman M2001-00654-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Irvin H. Kilcrease, Jr.
A group of Williamson County residents whose property was threatened by highway construction filed a Petition for a Declaratory Order against the Tennessee Department of Transportation. They argued that the Department violated the statute that authorized the project by not complying with the environmental standards for construction of an interstate highway. The Administrative Law Judge denied the petition, and the trial court affirmed the ALJ. We affirm the trial court.
Williamson
Court of Appeals
Nashville Sash & Door . v. TriStar Builders M2001-01160-COA-R3-CV
Authoring Judge: Chancellor Jeffrey F. Stewart
Trial Court Judge: Walter C. Kurtz
In this case Nashville Sash and Door, Inc. sued Tristar Builders, Inc. and its two stockholders, Robert J. Ivy and Richard L. Cammeron on a debt arising from credit extended under an application of credit. At the conclusion of the plaintiff's proof the trial judge granted the defendants motion under Rule 41 of the Tennessee Rules of Civil Procedure and dismissed the complaint. Nashville Sash and Door, Inc. has appealed that decision. We affirm the Trial Court.
Davidson
Court of Appeals
M2000-03214-COA-R3-JV M2000-03214-COA-R3-JV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Betty Adams Green
Jerry Noe v. Melissa Noe (Barnes) M2001-02223-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Leonard W. Martin
This is an appeal by the Wife in a divorce case complaining of the disposition of marital property. The Husband also complains about an award of alimony in solido against him. We affirm the Chancellor.
Cheatham
Court of Appeals
Bharat Gandhi v. William Rucker M2001-00271-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Barbara N. Haynes
This is an appeal by Defendant from denial by the trial court of a Rule 60.02 motion to set aside a judgment on the basis of mistake, inadvertence, surprise, or excusable neglect. The trial court denied the motion, and on consideration of the record, we reverse the judgment and remand the case for a trial on the merits.
Davidson
Court of Appeals
Janet Goodart vs. Kamalin Kazmar-Grice M2001-00663-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Leonard W. Martin
Former wife and children of decedent sued in the chancery court to enroll a foreign decree of divorce and, inter alia, to impose a constructive trust on proceeds of a Servicemen's Group Life Insurance policy payable to the decedent widow after the decedent prior to his death changed the policy beneficiary contrary to a marital dissolution agreement and final decree of divorce. The trial court granted summary judgment in favor of decedent widow. Former wife appealed. We affirm.
Stewart
Court of Appeals
Ray C. Hall v. TN. Workers Credit Union M2001-01346-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Ellen Hobbs Lyle
Husband and Wife obtained a loan from a credit union and pledged their home as security for the note under a Deed of Trust. The Deed of Trust required Husband and Wife to maintain property taxes and insurance on the property. The credit union foreclosed on the property after Husband and Wife continuously failed to maintain the taxes and insurance. Husband and Wife filed suit against the credit union, arguing that the agreement between the parties did not provide the remedy of foreclosure for mere nonpayment of taxes and insurance. The trial court granted summary judgment for the credit union. Because we find that the agreement between the parties provides the remedy of foreclosure for breach of any promise made under the agreement, including the promise to pay property taxes and insurance, we find that the trial court was correct in granting summary judgment for the credit union and affirm that decision.
Davidson
Court of Appeals
Cox Oil vs. Lexington Beer Bd. W2001-01489-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Joe C. Morris
This is an action challenging the denial of a beer permit. The plaintiff business applied for a beer permit with the defendant beer board. The board denied the permit because plaintiff's location was within 500 feet of a church. This proximity to a church was in violation of a city ordinance. The plaintiff filed a writ of certiorari in the trial court, seeking a reversal of the board's decision because the 500-feet ordinance had been applied in a discriminatory manner. The trial court found that the board had allowed another establishment that was within 500 feet of a church to maintain its beer permit, and concluded that the board had therefore applied the ordinance in a discriminatory manner. Consequently, the denial of the plaintiff's beer permit was reversed. The board now appeals that order. We affirm, finding that the board had applied the ordinance in a discriminatory manner, and that the trial court did not err in reversing the denial of the plaintiff's beer permit.
Henderson
Court of Appeals
James Randall Slaughter, et al. v. Duck River Electric Membership Corporation, et al. M2000-00453-COA-R3-CV
Authoring Judge: Chancellor Vernon Neal
Trial Court Judge: Robert L. Holloway
This is an appeal from an order of the trial court granting a motion for summary judgment in favor of the defendant, Duck River Electric Membership Corporation and the third-party defendant, Osborne Electrical Contractors, Inc., on the ground that Duck River Electric Membership Corporation was a statutory employer for the purposes of the Tennessee Workers' Compensation Act at the time the plaintiff, James Randall Slaughter, received a severe electrical shock resulting in massive injuries. For the reasons herein stated, we affirm the judgment of the trial court and remand.
Maury
Court of Appeals
Gloria Snow-Koledoye vs. Horace Mann Ins. Co. M2000-02954-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Walter C. Kurtz
This case involves a settlement of an insurance claim under the comprehensive coverage of an automobile insurance policy. Wife, named insured in the policy, sued the insurance company for breach of contract in delivering to husband a settlement check made jointly payable to wife and her husband, after husband apparently negotiated the check. Wife amended her complaint to name her ex-husband as an additional defendant, and he filed an answer to the complaint. In a nonjury trial, the trial court entered judgment for plaintiff-wife against the insurance company. Insurance company appealed. We vacate.
Davidson
Court of Appeals
Doug Jones vs. Eddie Gillette, Sr., et al E2001-01499-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Samuel H. Payne
The defendants/appellants, Eddie Gillette, Sr., and Vivian Gillette, the maternal grandparents of A.B.J., contend that the trial court abused its discretion when it granted custody of A.B.J. to her father, the plaintiff/appellee, Doug Jones. The Gillettes further contend that the trial court abused its discretion when it denied their oral motion to stay enforcement of its judgment pending appeal and when it denied their oral motion to award them visitation pending appeal. We affirm the judgment of the trial court.
