COURT OF APPEALS OPINIONS

Lee Warehouse LP by Warehouses, Inc. vs. Jepco Construction
E1999-01944-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Frank Brown, III

U. S. Fidelity & Guaranty vs. Waco Contractors, Inc.
E2000-00159-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: John B. Hagler, Jr.

Neil Price v. Toni Price
M1998-00840-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Marietta M. Shipley

This case involves the dissolution of a seventeen-year long marriage. The parties have raised on appeal issues involving spousal support, child support, their partial marital dissolution agreement and attorney fees. Upon a review of the record and the relevant law, we find that the decision of the trial court should be reversed in part and affirmed in part.

State Auto Ins. Companies vs. Gordon Construction, Inc., et al
M1999-00785-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Ellen Hobbs Lyle
This is an insurance coverage case. A commercial general liability insurer filed suit for declaratory judgment to determine whether it had a duty to defend the insured, a construction company. The underlying lawsuit against the insured alleged breach of contract and breach of express and implied warranties in failing to perform work in a good and workmanlike manner. The trial court granted a motion for summary judgment to the insurer, finding that the insurance policy did not require it to defend against the suit. The insured appeals, and we affirm, finding that there was no "occurrence" under the terms of the insurance policy.

Dept. of Transportation vs. Sunset Marine and Resort
M1999-00880-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: John J. Maddux
This appeal arises out of what can loosely be defined as a condemnation case. The State of Tennessee, acting through the Department of Transportation, received an easement from the Corps of Engineers for the purpose of building a bridge across Dale Hollow Lake in Pickett County, Tennessee. The bridge was to be built across land owned by the United States and operated by the Defendants as a resort and marina under a lease for commercial purposes. The State filed a Petition for Condemnation against the leaseholder in the Pickett County Circuit Court seeking to take the land under its power of eminent domain. The trial court determined that the State could not take the land based on the Supremacy Clause of the United States Constitution. However, the State had already begun work on the project, and, ultimately, the bridge was completed. The court held a trial to determine the damages which the leaseholder had suffered as a result of the bridge being placed across the leasehold. The trial court granted a partial directed verdict and awarded the leaseholder $287,115. The trial court also awarded the leaseholder $100,000 as attorneys' fees in lieu of injunctive relief. The State appeals from the partial directed verdict and the award of attorneys' fees.

Rudy Page, Roger Page, and Donald Hanafee, v. Robert Lynn Fuchs and wife, Brenda Ann Fuchs
W1999-00702-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor George R. Ellis

This appeal involves a dispute over the existence of an easement over Defendants Fuchs’ land. Plaintiffs Page and Hanafee brought suit seeking an easement by necessity or a prescriptive easement, as well as damages for Defendants’ alleged inducement of breach of contract. The court below found that Plaintiffs had a prescriptive easement across Defendants’ property, but did not find Defendants liable for damages. Defendants appeal.
 

Sue Zius v. Susan Shelton, Christian Millman, John Doe and The Bradley County Weekly, Inc., A/K/A Bradley Weekly, Inc., and The Bradley News Weekly
E1999-01157-COA-R9-CV
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge John B. Hagler, Jr.

Defendants moved to dismiss plaintiff’s defamation case for failure to state a cause of action. The Trial Judge overruled the motion and on interlocutory appeal, we affirm.

John Herman Hutchings v. Methodist Hospital of McKenzie, et al.
W1998-00901-COA-R9-CV
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Julian P. Guinn and Judge Karen R. Williams

This is a medical malpractice case in which the plaintiff filed two identical actions only days apart in Shelby County and Carroll County against the same defendants. The plaintiff non-suited and then re-filed the Carroll County action. Amended complaints were filed in both actions seeking to add a defendant. The plaintiff then asked the Shelby County trial court to transfer the action pending in Shelby County to Carroll County for consolidation. The defendant who was added argued that the Shelby County trial court should dismiss the case for improper venue and that the Carroll County trial court should grant his motion for summary judgment based on the statute of limitations. The Shelby County trial court granted the plaintiff’s motion to transfer to Carroll County and the Carroll County trial court denied the defendant’s motion for summary judgment. The added defendant appealed. We reverse the Carroll County trial court’s denial of summary judgment and its acceptance of the Shelby County case for consolidation and remand to the Carroll County trial court to determine whether the Shelby County amended complaint was intended to supplement the original complaint or to completely replace it, and whether a named Shelby County defendant was still a defendant in the Shelby County suit when the amended complaint was filed, in order to ascertain if venue was proper as to the added defendant.

Martin Paschall v. Henry County Board of Education
W1999-0070-COA-R3-CV
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Ron E. Harmon

This is an employment discrimination case. The plaintiff is a white teacher who was disciplined for his role in an altercation with a black teacher. The plaintiff sued the county school board for discrimination, alleging that he was disciplined because of his race, in violation of the Tennessee Human Rights Act. The trial court granted the school board’s motion for summary judgment. The plaintiff appeals. We reverse and remand, finding that the plaintiff has proffered direct evidence of discriminatory intent.

Sandra Diane Moore, v. Danny Michael Moore
W1998-00379-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor George R. Ellis

This appeal arises from an action for divorce filed by plaintiff-Wife in the Crockett County Chancery Court. Following defendant-Husband’s answer and counter-complaint for divorce, the parties entered into a consent order for support and other relief. The court entered an order granting divorce and approving the parties’ agreement. Subsequently, the court entered an order awarding Wife alimony in futuro and a significant amount of the marital assets. The court also found that stock in a corporation was a marital asset and included the stock in Husband’s award of marital assets. Husband appeals both the award of alimony and the court’s characterization of the corporation stock as a marital asset. Tenn.R.App.P. Rule 3 Appeal as of Right; Judgment of the Chancery Court is Affirmed in Part, Reversed in Part and Remanded.
 

Charles McDonald vs. Dixie White Ishee
W1998-00258-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Joe C. Morris

Beatrice Holiday vs. Shoneys South
W1999-01173-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: John R. Mccarroll, Jr.

D. A. Price vs. P. C. Price
E1999-00102-COA-R10-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: W. Dale Young

Grandstaff vs. Hawks
M1998-00909-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Bobby H. Capers

Clark Earls vs. Shirley Earls
M1999-00035-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Russell Heldman
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.

Clark Earls vs. Shirley Earls
M1999-00035-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Russell Heldman
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.

Clark Earls vs. Shirley Earls
M1999-00035-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Russell Heldman
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.

Richardson vs. TDOC
M1999-02796-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Irvin H. Kilcrease, Jr.

Limbaugh vs. Coffee Medical Center
M1999-01181-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: John W. Rollins

Miltier, III vs. Miltier (Buhls)
E1999-00887-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Jean A. Stanley

Steven C. Mohn, et ux vs. Bernard Graff, et al
E1999-01015-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Thomas R. Frierson, II

Ricky Lee Jenkins v. Heather Johnson
M2001-02103-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Clara W. Byrd
This appeal arises from the lower court's modification of a child custody arrangement. The trial court found that a material change in circumstances had occurred and awarded primary residential custody to Father. For the following reasons, we affirm the judgment of the lower court.

Larry W. Barnes v. The Goodyear Tire And Rubber
W2000-01607-COA-RM-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: W. Michael Maloan

Ronald & Bonnie Warf vs. Wayne Vincent
W1999-01542-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Walter L. Evans

21812-COA-R3-CV
21812-COA-R3-CV
Trial Court Judge: Jeffrey F. Stewart