Worth vs. Cumberland Mt. Property Owners
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Cumberland | Court of Appeals | |
D.D. Roberts, D/B/A Roberts Construction Co., et al. v.Tommy Yarbrough, et al., Thomas Lumber Co., Inc. v. Naran Patel, et al., and Tommy Yarbrough, et al.
Two subcontractors recovered judgments for work done on a construction project in Clarksville. On appeal the general contractor and the surety on his bond allege that the appellees were not licensed contractors and that neither complied with the notice of nonpayment statute. In addition, the appellant disputes the trial court’s version of the proof and the award of prejudgment interest. We affirm the trial court. |
Montgomery | Court of Appeals | |
Gordon Carroll and Ora Hall, v. John W. Belcher and Frankie Belcher
This appeal involves an easement for ingress and egress. The defendants, John and Frankie Belcher (Belcher), appeal the decision of the trial court granting the plaintiffs, Gordon Carroll (Carroll) and Ora Hall (Hall), the right to widen an easement running over their property. |
Wilson | Court of Appeals | |
Pamela L. Schenk, v. Raymond F. Lane
Defendant Raymond D. Lane appeals a jury verdict awarding $297,000.00 to Plaintiff Pamela L. Schenk for injuries sustained as a result of an automobile accident occurring between Lane and Schenk. For the reasons set forth below, we affirm in all respects. |
Wilson | Court of Appeals | |
Daniel B. Taylor v. State of Tennessee, John Doe, State Coordinator of Elections, Ms. Bobbie White, Shelby County Registrar of Voters; and Charles W. Burson, Atty General
The only question presented in this complaint is whether a law making all felonies infamous crimes can, upon conviction, be applied to crimes committed before the date of the act. The Chancery Court of Davidson County dismissed the plaintiff’s request for a declaratory judgment. We affirm. |
Shelby | Court of Appeals | |
William H. Lance, Emma Lee Lance v. Larry H. Street, D/B/A Street Construction
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Cheatham | Court of Appeals | |
State of Tennessee, ex rel., Doug Sizemore, Commissioner of Commerce and Insurance for the State of Tennessee, v. United Physicians Insurance Risk Retention Group - Concurring
I concur with the court’s opinion. Insurance companies have the right to assume that the risk they undertake will not later be enlarged by the courts. See Schultz v. Tennessee Farmers Mut. Ins. Co., 218 Tenn. 465, 474, 404 S.W.2d 480, 484 (1966). Accordingly, the courts are not at liberty to rewrite policies of insurance to provide coverage where no coverage was intended. See Spears v. Commercial Ins. Co., 866 S.W.2d 544, 548(Tenn. Ct. App. 1993). Dr. Johnson did not contract for prior acts coverage when he purchased his UPI insurance policy. Accordingly, UPI never provided coverage for claims such as Blendora Ann Echols. |
Court of Appeals | ||
Robert S. Lipman v. First National Bank of Boston, and Alexander H. McNeil, J. Virginia McNeil, R. & J. Knoxville - Concurring
The trial court granted the motion of defendant First National Bank of Boston (“First National”) for summary judgment, which the plaintiff (“Lipman”] appeals, insisting that there are genuine issues of material fact. |
Davidson | Court of Appeals | |
Glenda Wright Benning v. James Russell Benning
In this divorce case, Glenda Benning (wife) challenges the trial court's award of permanent alimony to James Benning (husband). After the file filed for divorce and the parties separated, the hisband moved into the same apartment with one Jaylene Deen. On appeal, the wife argues that the tril court erred in finding that the statutory presumption fond at T.C .A . § 36 - 5 - 10 1 ( a ) ( 3 ) had been rebutted by the evidence presented by the husband. We affirm the judgment of the trial court. |
Davidson | Court of Appeals | |
James Prince, D/B/A/ Big Jim, Inc., v. Charles Campbell, Individually and D/B/A Limosines by K.C.
This appeal involves a motion to set aside a judgment. Defendant/cross-plaintiff,Charles Campbell (Campbell), appeals the judgment of the trial court awarding money damages to The day of trial, Prince filed a motion to amend the complaint to reduce the amount requested as damages from $97,000 to $77,000. There is no record as to the trial court’s action plaintiff/cross-defendant, James Prince (Prince). This case arose from a contract entered into between the parties in April 1995 in which Campbell agreed to transfer a limousine from his business to Prince in exchange for the opportunity to run Prince’s “World Famous Stagecoach Lounge.” Prince filed suit against Campbell for breach of contract and fraud in August 1995 alleging that Campbell failed to make lease payments on the property and refused to transfer the limousine agreed upon in the contract. Campbell’s answer denied the material allegations and asserted a counterclaim for conversion, fraud, and breach of contract. |
Marshall | Court of Appeals | |
State of Tennessee, Department of Childrens Services v. Tamra Leann Viar and John Fitzgeral Gross, In the Matter of Katlyn Nicole Viar
We have reviewed the Petition to Rehear filed on behalf of the Attorney General and conclude that the Petition should be denied for the following reasons. |
Cannon | Court of Appeals | |
State of Tennessee, Commissioner Doug Sizemore, Commerce and Insurance v. United Physicians Insurance, Risk Retention Group State ex rel Doug Sizemore vs. United Physicians Ins.
This is an appeal from a memorandum and order of the chancellor affirming and adopting the Special Master's report pursuant to Rule 53 of the Tennessee Rules of Civil Procedure. The issue is whether the lower court erred in this action. Our review is de novo upon the record accompanied by a presumption of correctness as to the findings of fact by the chancellor. Tenn.R.App.P.13(d). |
Davidson | Court of Appeals | |
Melissa (Buckley) Hatchell, v. Jerry Buckley
These parties were divorced in Arkansas on April 17, 1996. A Property Settlement Agreement was incorporated in the judgment which awarded custody of two children to Mother. |
Shelby | Court of Appeals | |
Larry Aubrey Henson v. Elizabeth Ellen Sorrell
The child of these parties, who were never married to each other, was born March 11, 1996. The paternity issue was determined in June, 1996 by the Juvenile Court, which also directed the payment of child support. The appellant questioned his liability for support because the child was conceived without his consent. He did not prevail. |
Shelby | Court of Appeals | |
Chris Hill Construction Company, v. State of Tennessee
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Court of Appeals | ||
Linda Chaney v. Robert Dickinson
Robert Lee Dickinson, Jr., appeals the ruling of the Juvenile Court of Hamilton County, Tennessee at Chattanooga, insisting that the Juvenile Court erred in its determination of Mr. Dickinson’s Tennessee Rules of Civil Procedure 60.02 motion for relief from child support payments based upon evidence that he is not the father of the child he has been supporting. The Juvenile Court ruled that Mr. Dickinson’s motion was barred by res judicata; therefore, Mr. Dickinson is still obligated to pay current and past due child support payments. |
Hamilton | Court of Appeals | |
Antonio Sweatt v. Billy Compton, et al.
This is a medical malpractice case brought by an inmate at a state correctional facility. The |
Lake | Court of Appeals | |
Todd Frederick Brooks v. Linda Faye Carter
Defendant Todd Frederick Brooks (Father) appeals, and Plaintiff Linda Faye Carter (Mother) cross-appeals, the final divorce decree entered by the trial court which awarded the parties joint custody of their three minor children, designated the Father as the primary custodial parent, ordered the Father to pay child support to the Mother, and distributed the parties’ property. We affirm the trial court’s distribution of the marital property, with one modification, but we reverse the court’s custody decision and we remand for the court to recalculate the Father’s child support obligation pursuant to the Child Support Guidelines. |
Shelby | Court of Appeals | |
Curtis G. Mayes v. Margaret C. Culpepper, Commissioner of the Tennessee Department of Employment Security and Wal-Mart Stores, Inc.
This is an appeal from the denial of unemployment compensation benefits. Through the entire procedure, including an appeal to the Chancery Court for Knox County, the appellant has been denied unemployment compensation benefits because he had been guilty of misconduct arising out of the scope and course of him employment and T.C.A . § 50 -7-303( a ) ( 2 ) bars him from recovery of unemployment compensation benefits. We reverse the judgment of the Chancery Court and remand this case to the trial court for entry of an order awarding unemployment benefits as provided by law.
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Knox | Court of Appeals | |
Paula Lynn Barnett vs. Robert McAlister Barnett, III - Concurring
This is a post-divorce action to modify child support and alimony. The mother sought to increase child support, and the father sought to terminate periodic alimony payments. The trial court granted the mother’s request for an increase in child support, with a portion of the child support to be placed in an educational trust, and denied the father’s petition for modification of alimony. Both parties appealed. We affirm in part, reverse in part, and modify. |
Hamilton | Court of Appeals | |
Margaret McCormick, v. Donald McCormick
This case concerns a dispute over the division of marital property, alimony, and attorney’s fees. Appellant, Donald F. McCormick (Husband), appeals from the Final Decree of Divorce that, inter alia, awarded Appellee, Margaret Ann McCormick (Wife), proceeds from a 1 Husband’s W-2 form from the Frigidaire Company reveals that his wages for 1996 were $94,063.26. 2 In 1996, Wife’s gross annual earnings were approximately $9,000.00. 2 401K account, rehabilitative alimony, and attorney’s fees. |
Sumner | Court of Appeals | |
Loyal Miller vs. Tennessee Board of Paroles - Concurring
This appeal involves the fundamental fairness of the procedures used by the Tennessee Board of Paroles to revoke the parole of a person accused of committing child sexual abuse. The Board revoked the parole based solely on hearsay testimony concerning statements made by his alleged victim. The parolee filed a petition for a common-law writ of certiorari in the Chancery Court for Davidson County seeking judicial review of the Board’s decision-making process. After the trial court denied the petition, the parolee appealed to this court. We have determined that the Board’s hearing officer acted arbitrarily and illegally by applying an incorrect standard to determine whether good cause existed for not allowing the parolee to confront or to cross-examine his only accuser. Accordingly, we reverse the trial court’s denial of the parolee’s petition for a common-law writ of certiorari and remand the case to the trial court for the entry of an order directing the Board either to conduct a proper parole revocation hearing forthwith or to return the parolee to parole status. |
Davidson | Court of Appeals | |
State of Tennessee, ex rel., Kimberly Norfleet v. Tommy Dobbs, Jr.
This appeal involves a parent’s efforts to avoid paying child support for her two children. Approximately two years after the Circuit Court for Davidson County awarded custody of the parties’ two children to their father, the children’s mother, with the assistance of a lawyer furnished by the IV-D contractor for Davidson County, filed a petition to eliminate her child support obligation because she was unemployed and her only income was Supplemental Security Income (“SSI”) payments. Following a bench trial, the trial court denied the mother’s petition on the ground that she was voluntarily unemployed. The mother asserts on this appeal that the trial court’s order conflicts with the child support guidelines because she will be required to use her SSI payments to pay her child support. We have determined that the evidence does not preponderate against the trial court’s finding that the mother is voluntarily unemployed and that the trial court’s order is consistent with the child support guidelines. Therefore, we affirm the trial court. |
Davidson | Court of Appeals | |
Robert Leland Bryant, and wife Linda Kay Wolfson Bryant, Sandry Lynn Todd Bryant, v. James Ashley Bryant
This is a termination of parental rights and adoption case. Petitioners-Appellants, Robert 1 Sandra Lynn Todd Bryant, wife of Respondent and mother of the minor children involved, joined the Petitioners in the petition to terminate the Respondent’s parental rights. In the petition, she consents to the termination of her parental rights. 2 Respondent’s wife subsequently left the couple’s home in Colorado to pursue job training in Florida. Upon completion of the two month job training course in Florida, she moved to Utah while Respondent continued his military career in Colorado. 2 Leland Bryant and Linda Kay Wolfson Bryant,1 appeal the trial court’s order denying their petition to terminate the parental rights of Respondent-Appellee, James Ashley Bryant, with respect to his minor children, Megan Rae Bryant, born December 13, 1991, and Devon Michael Bryant, born December 30, 1993. |
Davidson | Court of Appeals | |
Randall Craig Cobb, v. Sharon Ruben Cobb
In this case Appellant challenges the action of the trial court in denying his application for relief under Rule 60.02 of the Tennessee Rules of Civil Procedure, holding him to be in criminal contempt of court and denying his application for modification of alimony. |
Davidson | Court of Appeals |
