Scholz vs. S.B. International M1997-00215-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ellen Hobbs Lyle
This appeal arises from a dispute over the severance benefits in an employment contract. Following his termination, a corporate officer filed suit against his former employer in the Chancery Court for Davidson County seeking his severance benefits. The employer asserted that its former officer was not entitled to the severance benefits. Following a jury trial, the trial court entered a judgment awarding the officer $111,623.33 but denying his requests for prejudgment interest and discretionary costs. On this appeal, the officer asserts that the trial court erred by failing to award him prejudgment interest and discretionary costs. We agree and, therefore, remand the case for further proceedings.
Davidson
Court of Appeals
Shuman vs. Parkhurst M1999-02043-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Carol L. Soloman
James Parkhurst d/b/a Parkhurst Home Improvement appeals the trial court's final judgment awarding Ken Shuman $8,021.14 in actual damages for breach of oral construction contract and $2,406.33 in attorney's fees based upon a finding of fraud in violation of the Tennessee Consumer Protection Act. Parkhurst raised two issues on appeal, contending that the damages awarded in this home construction dispute were not legally warranted and that the trial court erred in finding fraud, therefore justifying an award for attorney's fees under the Act. We conclude that Shuman presented sufficient proof to find a violation of the Act and to support his claim for damages and for attorney's fees. Accordingly, we affirm the trial court's judgment.
Sumner
Court of Appeals
Cruse vs. Peak M1999-02228-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Muriel Robinson
This appeal arises from the trial court's refusal to grant the appellant's request for visitation with her granddaughter. We affirm the judgment of the trial court.
Davidson
Court of Appeals
Streeter vs. TDOC M1999-02267-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol L. Mccoy
A prison inmate claimed that he was entitled to be released, because he had earned the required sentence reduction credits. The Department of Correction disagreed. The trial court granted summary judgment to the Department on the basis of laches. We affirm the trial court's judgment, but upon a different basis.
Sloan vs. Perryman M1999-00828-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Stella L. Hargrove
This appeal arises from a breach of contract suit and action to assert priority of a mechanics lien filed by Jason Sloan ("Contractor") against Shelby Ray Perryman ("Owners") and First Farmers & Merchants National Bank ("Bank"). Contractor sought recovery for labor and materials under the contract including expenses that exceeded Contractor's original bid price. In the alternative, Contractor sought recovery under quantum meruit. The court granted Bank's motion for summary judgment on the issue of priority of liens. Following trial, the court awarded Contractor damages under an implied contract theory, limiting Contractor's recovery to the bid price. In addition, the court denied Contractor's claim for alternative recovery in quantum meruit. Contractor appeals.
Maury
Court of Appeals
Kibby vs. Kibby M1999-00906-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Buddy D. Perry
This appeal presents a dispute of custody, visitation, and attorney fees. The parties are parents of one child, Ian Kibby, who is the subject of this dispute. The father was awarded primary custody when the parties divorced in May of 1996. The mother filed a Petition for Contempt and Modification seeking primary residential placement of Ian and later requested that the court refer this matter to mediation. The father filed a counter-petition requesting a change in the mother's visitation privileges and attorney's fees. The trial court dismissed the mother's petition but granted the father's petition reducing the mother's visitation rights. The court also refused to refer this matter to mediation and did not award attorney fees to the father. The mother now appeals the court's dismissal of her petition, failure to refer the matter to mediation, and change in visitation; the father also appeals the failure of the trial court to award attorney fees to him. We agree with the trial court on all issues and affirm its ruling. We also award attorney's fees necessitated by this appeal to the father and remand to the trial court for a determination of this amount.
Sequatchie
Court of Appeals
Zettersten vs. Zettersten M1999-01186-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Donald P. Harris
This appeal arises from an action for divorce and division of marital assets. The court below granted Linda Jean Zettersten ("Wife") a divorce on grounds of Rolf Birger Zettersten's ("Husband's") stipulation of inappropriate marital conduct; awarded Wife alimony in futuro and rehabilitative alimony and child support for the parties' minor child; awarded Wife $11,923.50 in attorney's fees, discretionary costs and court costs. Wife appeals.
Williamson
Court of Appeals
Union Planters Bank vs. Choate M1999-01268-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Ellen Hobbs Lyle
This appeal arises from a breach of contract case filed against Mickie Davis ("Davis") by Carole Choate ("Choate"). Choate alleged that Davis breached her contractual and fiduciary duties by authorizing release of funds to Rochford Realty ("Rochford") for a construction project. The trial court granted Davis' motion for summary judgment. Choate appeals.
Davidson
Court of Appeals
Spurlock vs. Jackson Co. M1999-01407-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: John D. Wootten, Jr.
The appellants were hurt in a collision with a subject allegedly being pursued by county officers in a high speed chase. They sued the county, and the Circuit Court of Jackson County granted the county summary judgment. We affirm the judgment of the trial court.
Jackson
Court of Appeals
Howard vs. Howard M1999-00670-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Russell Heldman
This appeal arises from a dispute over a contractual provision in a Marital Dissolution Agreement ("MDA") between the parties. Susan Trabue Howard ("Mother") filed a Petition for Enforcement of Contractual Obligation, alleging that Robert Mark Howard ("Father") had failed to abide with a provision in the MDA providing that Father would be responsible for Daughter's "related costs of education." The court below found in favor of Mother, holding that Father was responsible for all of Daughter's expenses for the time specified in MDA. Father appeals.
Williamson
Court of Appeals
Miller vs. Miller M1999-00724-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Muriel Robinson
In this divorce, both Husband and Wife have appealed contesting the trial court's division of marital property and alimony awards. The division of marital property is affirmed, alimony awards are modified, and the case is remanded for a determination of the value of Husband's retirement plan and a proper division thereof.
Davidson
Court of Appeals
Miller vs. Miller M1999-00724-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Muriel Robinson
In this divorce, both Husband and Wife have appealed contesting the trial court's division of marital property and alimony awards. The division of marital property is affirmed, alimony awards are modified, and the case is remanded for a determination of the value of Husband's retirement plan and a proper division thereof.
Davidson
Court of Appeals
Clemmye Berger vs. Brenda O'Brien vs. Sylvia Berger W1999-00861-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: D. J. Alissandratos
This case involves the settlement of an estate. After the estate was settled, the trial court assessed a portion of the fees and expenses of the guardian ad litem and the attorney ad litem as costs against an intervening defendant and beneficiary of the estate. The intervening defendant appealed the assessment of these expenses to this Court. On appeal, we affirm the decision of the trial court, finding that the trial court was within its discretion to assess a portion of the fees and expenses of the guardian ad litem and attorney ad litem against the intervening defendant as discretionary costs.
Shelby
Court of Appeals
Teddy Tedder/Maurice Tedder vs. Union Planters W1999-01971-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: James F. Russell
The plaintiff worked for a temporary employment agency and was assigned to work for a bank. The plaintiff fell in the bank parking lot as she was reporting to work. She filed a negligence lawsuit against the bank for her injuries. The trial court granted the bank's motion for summary judgment on the basis that the plaintiff was a co-employee of the bank under the loaned servant doctrine; therefore, the suit was precluded under the workers' compensation statute. The plaintiff appeals. We affirm, finding that the plaintiff was a co-employee of the bank under the loaned servant doctrine.
Shelby
Court of Appeals
Jennifer Thomas vs. Stephen Thomas W1999-00284-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Floyd Peete, Jr.
In this divorce case, the trial court, among other things, made a division of marital property, awarded Wife alimony in solido, made an award of child support, and ordered payments of various debts by the parties. Both parties have appealed presenting issues concerning the court's above stated actions.
Shelby
Court of Appeals
Alfred Tompkins vs. Annie's Nannies W1999-00372-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: George H. Brown
Plaintiffs' nine year old child, Alexandria, while under the direction of her day care center, broke both kneecaps while participating in a downhill race. Plaintiffs sued the day care center on a negligence theory, arguing that the day care center breached their duty of care. The trial court directed a verdict for the day care center, finding that the injuries sustained by the nine year old were not foreseeable, and, thus, no duty of care arose. Additionally, at trial, plaintiffs' counsel made an offer of proof whereby testimony was introduced that two girls fell and bumped heads in a race immediately preceding Alexandria's. The trial court excluded this testimony from the jury. Plaintiffs allege error. We affirm.
Shelby
Court of Appeals
Mertis Johnson vs. Willie Steverson W1999-00627-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: John R. Mccarroll, Jr.
This appeal arises from a dispute between Plaintiff Mertis Johnson and Defendant Willie A. Steverson regarding an automobile accident involving Ms. Johnson and Virden Steverson, Mr. Steverson's son. Ms. Johnson filed a complaint against Mr. Steverson alleging that the negligence of Virden was the cause of this accident and seeking damages for her personal injuries. At the conclusion of a jury trial on the matter, Mr. Steverson made a motion for a directed verdict, which was denied by the trial court. The jury subsequently returned a verdict in favor of Ms. Johnson and awarded her damages in the amount of $14,000.00. Mr. Steverson filed a motion for a judgment notwithstanding the verdict or, in the alternative, for a new trial, which was also denied by the trial court. For the reasons set forth below, we affirm the ruling of the trial court.
Shelby
Court of Appeals
Emergicare Consultants vs. Barbara Woolbright W1998-00659-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: D. J. Alissandratos
In this action, Emergicare Consultants, Inc., seeks to pierce the corporate veil of Medic Ambulance Service, Inc. Emergicare and Medic entered into a contract whereby Emergicare was to manage Medic. The purpose of the management contract was to streamline Medic in preparation for a sale to an ambulance consolidator. Emergicare claims that once it delved into the management of Medic, it discovered several abuses of the corporate form. As a result, Emergicare now seeks to pierce the corporate veil to impose personal liability on Medic's president, Barbara Woolbright, in order to recover $64,000 due under the management contract.
Shelby
Court of Appeals
Bailey vs. Bailey W1999-01000-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Joe C. Morris
This is a divorce case involving child custody. Mother and Father are divorced and have one minor child. The trial court granted custody of the minor child to Father. Mother appeals, arguing that the trial court erroneously based its decision on her lack of relationship with her father, the child's maternal grandfather. We affirm.
Chester
Court of Appeals
W1999-01393-COA-R3-CV W1999-01393-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: George R. Ellis
Gibson
Court of Appeals
Jerry Worrell vs. Ann Worrell W1999-01786-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: L. Terry Lafferty
This appeal arises from a dispute over insurance proceeds between Nephews, as remaindermen of their Aunt's life estate, and their Aunt, as the life tenant of certain property. The trial court awarded the Aunt sole rights to insurance proceeds obtained after the destruction of that property to the exclusion of the Nephews. The Nephews appeal that ruling as well as the trial court's omission of certain hearsay testimony, and its failure to award them declaratory judgment. We affirm the rulings of the trial court.
Crockett
Court of Appeals
Carolyn Strange vs. Ronnie Peterson W1999-00489-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Walter L. Evans
This case arises out of the sale of a home. The Appellants claim that the Sellers fraudulently or negligently misrepresented the condition of the home. Specifically, the Appellants claim that the Sellers failed to disclose a water problem located in the crawlspace underneath the home. For the following reasons, we affirm the finding of the trial court that the Sellers are not guilty of fraudulent or negligent misrepresentation.
Shelby
Court of Appeals
Nancy Nichols vs. Howard Nichols W1999-00566-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Walter L. Evans
This is a post-divorce action on modification of child support. The parties' original divorce decree required the father to pay child support and, in addition, pay the private school tuition of one of the parties' children. Months later, the father filed a petition to eliminate his obligation to pay the tuition. The trial court referred the issue to a referee, issued an order consistent with the referee's ruling, and then later set it aside. The trial court then referred the issue to a special master for findings of fact. Adopting the findings of the special master, the trial court eliminated the father's obligation to pay the child's private school tuition. The mother appeals, arguing that there was not a significant variance justifying modification of the child support award. We reverse, finding that the basis for the trial court's modification were facts that were before the trial court at the time of the initial award, and that there are no facts in the record sufficient to support modification.
