The parties were divorced in 1995. The Final Decree awarded joint custody of their minor child. Pamela Jean Bennett ("Mother") was awarded primary physical custody, while David Travis Bennett ("Father") was awarded visitation. Thereafter, the Trial Court held three hearings upon the parties' petitions regarding several issues. Father appeals two of the three orders that the Trial Court entered, and his issues on appeal involve the following: the Trial Court's refusal, at the second hearing, to allow proof regarding issues previously reserved by the Trial Court at the first hearing; the Trial Court's refusal to allow Father to fire his attorney during the second hearing; the Trial Court's increase of Father's child support obligation; the Trial Court's refusal to modify child custody; the Trial Court's finding Father in contempt for failure to pay child support; and the Trial Court's refusal to find Mother in contempt for her alleged failure to comply with the visitation schedule. We affirm.
Franklin
Court of Appeals
Stanley Green v. Nashville and Davidson County M2001-01561-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen Hobbs Lyle
A man arrested for statutory rape sought a writ of mandamus to compel the Metro Nashville Police Department to furnish him with copies of records relating to his arrest. Metro filed a motion to dismiss, arguing that records pertaining to sexual offenses against minors are confidential, and may not be disclosed. The trial court denied the motion to dismiss, and ordered the production of the requested records. We affirm the ruling of the trial court, but modify it to require that all records furnished to the petitioner be redacted to protect the victim's identity.
Davidson
Court of Appeals
Jason Goulet vs. Jennifer Heede E2000-02535-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Norma Mcgee Ogle
This appeal concerns a divorce action in which the court classified a home purchased by Wife during the marriage as her separate property and a second mortgage taken out by Husband on the couple's marital home as his separate debt. Husband appeals both of these decisions and also questions the trial court's decision to find Wife's testimony credible, since she had previously given testimony in another matter that was inconsistent with her testimony at the divorce hearing. We determine that the trial court should be affirmed on all issues presented.
Sevier
Court of Appeals
State, ex rel Tewanna Stewart vs. Gary Lockett M2001-00809-COA-R3-JV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Betty Adams Green
The juvenile court ordered the father of a minor child to pay retroactive child support for the first ten years after the child's birth. Because the court did not want to create a windfall for the mother, it ordered that only part of the retroactive support be paid to her, and that the remainder be placed in an educational trust fund for the child's benefit. The State argues on appeal that under the facts of this case, the creation of an educational trust fund is not authorized by the child support statutes and guidelines. We affirm the award of retroactive child support, but we reverse its allocation between the mother and the child.
Davidson
Court of Appeals
Calsonic Yorozu Corp., Inc. vs. Forklifts Unlimited, LLC M2000-02647-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Charles D. Haston, Sr.
Calsonic Yorozu Corporation, Inc., appellee, sought declaratory judgment relieving it of its duties under contract to Forklifts Unlimited, L.L.C., appellant. Appellee filed a motion for summary judgment, which the trial court granted. Because we think the defendant was denied a reasonable opportunity for discovery we reverse the summary judgment granted by the trial court.
Warren
Court of Appeals
James Ferguson v. Kelly Lee Ferguson M2001-01836-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Stella L. Hargrove
Appellant, an inmate of the Tennessee Department of Correction currently confined at South Central Correctional Center in Clifton, Wayne County, Tennessee, appeals the dismissal by the trial court of his divorce complaint. His wife is a resident of Bristol, Virginia, and the parties separated in Cheatham County, Tennessee in 1987. The trial court dismissed the case for lack of venue. We affirm with a suggestion that the case be transferred to a court having divorce jurisdiction in Cheatham County, Tennessee, or such a court in the county where Appellant resided at the time he was first incarcerated in the Department of Corrections.
Wayne
Court of Appeals
Cheryl Autry v. James Autry M2001-01807-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Muriel Robinson
This appeal involves the issuance of an order of protection. The parties were married on May 18, 1999. One minor daughter was born to the marriage. On June 10, 2001, there was a struggle between the parties over the child. The appellee sought an order of protection. A hearing was held on June 28, 2001, on Mrs. Autry's petition. Both parties were present at the hearing. After hearing the testimony, the trial court granted Mrs. Autry an order of protection, set child support, and ordered the minor child removed from TennCare insurance coverage.
Davidson
Court of Appeals
Randall Bilbrey v. Gary Worley M2003-01376-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Vernon Neal
This is a landlord/tenant case involving abandonment and surrender by the tenant of the leased premises and whether or not the surrender was accepted by the landlord so as to prevent the landlord from collecting rents for the unexpired term of the lease. The chancellor first held for the landlord on the issue but thereafter came to believe himself bound by an unreported decision of this court and reversed his position to hold for Appellee. We find the first judgment of the chancellor to have been correct and reinstate his original judgment.
Overton
Court of Appeals
Vances Smith vs. Warden Fred Figueroa W2001-01572-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Jon Kerry Blackwood
This is an appeal from the trial court's order dismissing a petition for writ of certiorari. We affirm.
Hardeman
Court of Appeals
99-03-19-01 99-03-19-01
Trial Court Judge: J. Weber Mccraw
Fayette
Court of Appeals
William Perry vs. Ricki Perry W2001-01350-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Martha B. Brasfield
Tipton
Court of Appeals
William Perry vs. Ricki Perry W2001-01350-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Martha B. Brasfield
Tipton
Court of Appeals
William Perry vs. Ricki Perry W2001-01350-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Martha B. Brasfield
Stacy Turney vs. Ronald Turney W2001-00492-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Joe C. Morris
This appeal from a divorce decree raises issues concerning the classification and distribution of the parties' property, and the determination of income for the purposes of setting child support. We modify the distribution of property and remand for determination of child support.
Madison
Court of Appeals
Ishmael Mace vs. Phyllis Mace W2001-00574-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Karen R. Williams
Shelby
Court of Appeals
Ishmael Mace vs. Phyllis Mace W2001-00574-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Karen R. Williams
Shelby
Court of Appeals
Union Planters vs. American Home W2001-01124-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Karen R. Williams
This is an insurance case dealing with a standard loss-payee clause. On September 1, 1980, the appellee insurance company issued an aircraft hull and liability insurance policy to a commercial airline. The policy had an attached breach of warranty endorsement specifying the appellant bank as the loss payee for a particular airplane. In November 1980, the airline cancelled its insurance coverage for the airplane without giving notice to the bank. In December 1980, the airplane was found in Puerto Rico and seized by the United States government as an instrument of drug trafficking. When the airplane was seized, the seats and log books were missing. The bank sought recovery for the loss to the airplane under the breach of warranty endorsement attached to the original insurance policy. The insurance company denied coverage, and the bank sued the insurance company in the trial court below. The trial court granted summary judgment in favor of the insurance company. The bank now appeals. We reverse, finding that because notice of the cancellation of the insurance policy was not given to the loss-payee bank, the cancellation was not effective as to the loss-payee.
Shelby
Court of Appeals
Joel Petty vs. Daimler Chrysler W2001-01152-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: D. J. Alissandratos
Plaintiff in this case alleges that Defendant violated Tennessee's motor vehicle glass safety statutes which were in effect when Plaintiff purchased his vehicle in 1998. The court below found no violation and entered judgment for Defendant. We find that Plaintiff failed to introduce evidence of injury or damages and therefore affirm judgment for Defendant.
Shelby
Court of Appeals
Ida Douglas, et al. v. William Foster, et al. M2000-03177-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol A. Catalano
The appellants, Ida Douglas and Dovie Allen, and appellees, William and Barbara Foster, entered into a contract for the sale of a house. After the buyers had lived in the house for a few years, several problems emerged. The buyers sued the sellers for rescission of the contract. The trial court granted the sellers' motion for involuntary dismissal after the presentation of the buyers' proof at trial. We affirm the decision of the trial court.
Robertson
Court of Appeals
Paul Nee vs. Big Creek W2001-01482-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: George H. Brown
This is a premises liability action. Plaintiff alleges he was injured in a fall that took place on Defendant's steps. At trial, Plaintiff introduced pictures of the steps into evidence and testified that he heard a "crackling noise" as his "foot began to slide." After considering Plaintiff's evidence, the trial court granted Defendant's motion for a directed verdict. The trial court determined that Plaintiff failed to introduce evidence that the stairs constituted a defective or dangerous condition. Further, the trial court ruled that the jury would be forced to speculate on the cause of Plaintiff's fall. We affirm the decision of the trial court.
Shelby
Court of Appeals
Rhonda Anderson vs. Lester Jarrett & Melinda Benson vs. Herman Harris W2001-00484-COA-R3-JV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: J. Roland Reid
This is a child support case concerning jurisdiction to review certain administrative decisions rendered by the Department of Human Services. In its order, the juvenile court transferred the case, concluding that section 4-5-322 of the Tennessee Code placed jurisdiction with the "appropriate chancery court." Despite its order transferring the case, the juvenile court also decided the case on the merits and ruled that the State acted in contravention to section 36-5-905 of the Tennessee Code regarding the seizure of an obligor's assets. The court further concluded that section 36-5-905 was unconstitutional. We reverse the trial court regarding its jurisdictional determination and hold that the trial court erred by reaching the constitutional issue
Haywood
Court of Appeals
Melvin Bonds Jr. vs. Mike Emerson W2001-00812-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Clayburn L. Peeples
This is a personal injury case arising from an automobile accident involving a sixteen-year old driver and a police officer. Officer, who was responding to a backup call, was allegedly driving 99 m.p.h. when driver pulled out of driveway. In a bench trial, the trial court found driver 80% at a fault for the accident and the officer 20% at fault. Driver has appealed. Judgment vacated and remanded.
Haywood
Court of Appeals
Lance Morris vs. Collis Foods W2001-00918-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Roger A. Page
This appeal involves a suit against a restaurant for a tort committed by a waitress. The appellant visited the restaurant on a crowded night. After the appellant's first waitress quit, another waitress took appellant's order. Following a long wait for his food, the appellant approached his waitress and words were exchanged. The waitress threw an object at the appellant, which caused injures. The appellant filed suit against both the restaurant and waitress. The relevant portion of the appellant's suit against the restaurant relied on the doctrine of respondeat superior. The court granted a motion for summary judgment filed by the restaurant, holding that the waitress was not acting within the scope of her employment. For the following reasons, we affirm.
