In re: Estate of M.L. Wakefield, Deceased
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Davidson | Court of Appeals | |
In re: Estate of M.L. Wakefield, Deceased
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Davidson | Court of Appeals | |
Charles Hardy, et al. v. Robert Miller, et al.
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Davidson | Court of Appeals | |
Jo Anne Hofmeister v. John Hofmeister
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Davidson | Court of Appeals | |
Janet Harper, et al. v. Keith Churn, et al.
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Davidson | Court of Appeals | |
American Child Care, Inc. v. Dept. of Human Services, et al.
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Davidson | Court of Appeals | |
Vandal Doss v. Tennessee Farmers Mutual Ins. Co.
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Sumner | Court of Appeals | |
State ex rel. Margaret Holtsinger vs. Jack Elrod
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Anderson | Court of Appeals | |
Cynthia Long vs. City of Maryville
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Blount | Court of Appeals | |
John Warfield, et ux vs. Carlos Lowe, et al
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Anderson | Court of Appeals | |
Thomas Stubblefield vs. Monique Stubblefield
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Blount | Court of Appeals | |
Boyd's Creek Enterprisesl vs. Sevier County
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Sevier | Court of Appeals | |
People's Bank of Elk Valley, v. American Bankers Financial Services, Inc., et al.
Plaintiff, People's Bank of Elk Valley ("People's Bank"), appeals from the trial court's order granting summary judgment to defendant, American Banker's Financial Services, Inc. ("American") and dismissing People's Bank's complaint. |
Lincoln | Court of Appeals | |
John Jaco v. Department of Health Bureau of Medicaid
This appeal involved judicial review of an administrative decision regarding the denial of petitioner’s application for benefits for care at a nursing home facility. The chancellor granted the motion to dismiss of the Department of Health, Bureau of Medicaid (?respondents” or by name) on the ground that the trial court did not have subject matter jurisdiction due to the failure of petitioner1 to cause a summons to be properly issued and served on the Department within the sixty (60) day time limit specified in T.C.A. § 4-5-322(b)(1). The sole issue presented for review by this court is whether the chancellor erred in dismissing petitioner’s suit for judicial review for lack of subject matter jurisdiction. We find no error and affirm. |
Davidson | Court of Appeals | |
Cheryl Ann Cupples, v. Luther Wayne Cupples
This divorce action involves dissolution of the 25 year marriage between Appellant, Cheryl Ann Cupples ("Wife"), and Appellee, Luther Wayne Cupples ("Husband"). Wife filed for divorce in September 1992, citing irreconcilable differences and inappropriate marital conduct. Husband counterclaimed for divorce alleging inappropriate marital conduct. Both parties sought custody of their minor son, Jonathan, age 10 at the time of trial.1 On appeal, Wife cites as error the trial court's award of an absolute divorce and custody of the child to Husband, its failure to award her alimony and its division of the marital estate. For reasons hereinafter expressed, we affirm. |
Chester | Court of Appeals | |
Willa Jean Gaskill v. Steven Wayne Gaskill
This appeal involves the custody of a four-year-old girl. After slightly more than two years of marriage, the mother filed a divorce petition in the Chancery Court for Montgomery County requesting custody of the parties’ only child. Following a bench trial, the trial court declared the parties divorced and awarded custody to the mother. The husband asserts on this appeal that he is comparatively more fit than the mother to have custody. We agree and, therefore, reverse the trial court’s award of custody to the mother. |
Montgomery | Court of Appeals | |
Alexander C. Wells v. State of Tennessee
Appellant, Dr. Alexander C. Wells, was a professor at Tennessee State University ("TSU"). He was relieved of his teaching duties in 1992 and was asked to remove his property from the office and laboratory space he occupied at TSU. He moved some of his belongings in 1995. His remaining belongings were boxed and moved to the campus warehouse in 1996 because the space had been reassigned. When he retrieved his belongings in 1997, he found several items missing. Appellant then brought a claim in the Tennessee Claims Commission asking the State of Tennessee to return his property or, in the alternative, give him monetary compensation for the lost items. The Commission held that TSU had not been negligent in the care, custody and control of appellant's property. Therefore, the State was not liable for the missing property. We affirm the decision of the Commission. |
Davidson | Court of Appeals | |
Flora Mae Melton v. Glen Houston Melton
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Lewis | Court of Appeals | |
Thomas A. Smythe v. Phil Jones, et al .
In this suit wherein the Plaintiff, Thomas a. Smythe, seeks damages against the Defendant, Donald Cowan, for willfully interfering with contractual relations between Mr. Smythe and Phil Jones, the Trial Court granted summary judgment because in his opinion the Statute of Limitations barred the claim asserted. We affirm. |
Williamson | Court of Appeals | |
Michael Daniel Fry v. Yuriko Shinoda Fry
Pursuant to the wife's motion under Rule 60, Tenn. R. Civ. P., the trial court amended the division of the husband's Navy pension contained in an agreed order of divorce. We reverse the trial court's judgment. |
Davidson | Court of Appeals | |
Glenn T. McColpin, v. North Atlantic Casualty & Surety Insurance Company, Inc.
This is a suit for damages against an insurance company for the alleged breach of a lawyer’s professional liability insurance policy. Plaintiff, Glenn McColpin, appeals from the judgment of the chancery court for the defendant, North Atlantic Casualty & Surety Insurance 2 Company, Inc. (hereinafter, “North Atlantic”). |
Hamilton | Court of Appeals | |
Bobby R. Reed, v. National Foundation Life Insurance Company and Mark Bradshaw
This is a Rule 9 appeal from a judgment denying the defendants’ motions for summary judgment. The issue is whether an insurance agent has the apparent authority to waive the conditions for issuance of a policy and the limitations on his authority as contained in the application for the policy. We hold that the agent has no such authority and therefore grant the motions for summary judgment. |
Court of Appeals | ||
Cultra Landscaping Supply Company, v. Director of HIghways, Department of Transportation and W.L. Sharpe Contracting Company, Inc. and Charles Hill, Individually and D/B/A C.H. Hill Landscape and Excavating
This is an action by the appellant, Cultra Landscaping Supply Company (Cultra), seeking to recover the balance allegedly due on an open account. Cultra’s complaint, as amended, was filed against the Director of Highways, Department of Transportation, W. L. Sharpe Contracting Company, Inc. (Sharpe) and Charles Hill, individually and d/b/a C. H. Hill Landscape and 2The Director of Highways was named as a defendant pursuant to T.C.A. § 54-5-124 (civil actions against contractors by claimants). Cultra’s complaint states that it “seeks no remedies” against Sharpe, but acts to put the latter “on notice” of said claim having been filed with the Department of Transportation. Prior to trial, a summary judgment was entered in favor of Sharpe. The order granting summary judgment provided that the State of Tennessee and the Department of Transportation were to retain certain funds to satisfy Cultra’s claim in the event it proved meritorious at trial, in accordance with T.C.A. § 54-5-123. After trial, an agreed order was entered with this Court dismissing the Department of Transportation, Director of Highways as a party. 2 Excavating (Hill). For purposes of this appeal, however, the only other party before us is Hill, the appellee.2 A bench trial resulted in a judgment for Hill. Cultra appeals on the sole basis that the evidence presented at trial preponderates against the trial court’s findings. For reasons hereinafter stated, we affirm. |
Shelby | Court of Appeals | |
Mary Kindred, On Her Own Behalf, And as Next of Kin of Marcus Briggs, v. The Board of Education of Memphis City Schools, et al.
In this wrongful death action, Plaintiff-Appellant Mary Kindred (Plaintiff), on her own behalf and as next of kin of Marcus Briggs, appeals the trial court’s judgment entered in favor of Defendants-Appellees Board of Education of Memphis City Schools, Willie Anderson, and Raybon Hawkins (Defendants). |
Shelby | Court of Appeals | |
Loretta Trull, v. Margaret Culpepper, Commissioner of Tennessee Department of Employment Security, and Kerr Plastic Products, Manpower Temp Svcs., et al.
This is an unemployment compensation case. Petitioner, Loretta Trull, appeals from the order of the chancery court dismissing her petition for certiorari and affirming the decision of the Board of Review that disallowed her claim for unemployment compensation benefits. |
Crockett | Court of Appeals |