Daniel Scott Bradley, et ux. LInda Bradley, v. Geneva Lynn McCord McLeod, et vir Rodrick McLeod
This case involves a dispute between two neighbors in the Fairview community of Williamson County concerning the use of a gravel driveway. Three years after purchasing a tract of land on which portions of the driveway were located, the property owners filed suit in the Chancery Court for Williamson County to quiet title to the portions of the driveway they believed to be on their property. Their neighbors responded that the driveway was their only access to a pubic road and that they had acquired a right to use the driveway by adverse possession. After the trial court granted the plaintiffs’ uncontested motion for summary judgment, the defendants filed a Tenn. R. Civ. P. 59.04 motion asserting that they had an “easement of presumption” to use the driveway. The trial court denied the post-judgment motion on the ground that the new defense had not been timely raised. On this appeal, the losing property owners take issue with the trial court’s decision to grant the summary judgment and to deny their post-judgment motion. We affirm the summary judgment. |
Williamson | Court of Appeals | |
Jimmy Key, v. Tennessee Board of Paroles
This appeal involves a dispute between the Board of Paroles and a prisoner convicted of being an habitual criminal over the inmate’s right to custodial parole and the calculation of his sentence credits. The Chancery Court for Davidson County granted the Board’s motion to dismiss, and the prisoner has appealed. We affirm the dismissal of the prisoner’s suit in accordance with Tenn. Ct. App. R. 10(b). |
Davidson | Court of Appeals | |
Jon Hoscheit v. Johanna G. Hoscheit
This action began with a complaint filed by the appellee, Jon Hoscheit, (husband) seeking an absolute divorce from the appellant, Johanna G. Hoscheit (wife). After a bench trial, the court entered a final judgment granting an absolute divorce, custody of the parties' minor child to the father, dividing the marital estate and awarding alimony to the wife. From the judgment of the trial court the wife has appealed. We affirm the judgment of the trial court.
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Sumner | Court of Appeals | |
Brookridge Apartments., Ltd. v. Universal Constructors, Inc., et al. - Concurring
Plaintiff appeals to this Court on the refusal by the Trial Judge to grant plaintiff relief pursuant to Tennessee Rules of Procedure, 60.02(1). The underlying action was dismissed on July 23, 1996 by the Trial Judge “for want of prosecution.” On July 18, 1997, plaintiff filed a motion to set aside the judgment pursuant to Rule 60, T.R.C.P. on the ground the judgment was entered because of mistake, inadvertence, and excusable neglect. The motion explained that the plaintiffs “former counsel William J. Hart, did not receive notice from the Court that the case would be dismissed for lack of prosecution pursuant to local Rule 37.02.” |
Davidson | Court of Appeals | |
Tracy Renee Miglin v. Daniel Walter Miglin - Concurring
The husband in this divorce case challenged almost every aspect of the trial court’s orders, including child custody, alimony, the division of marital property and the terms of an injunction imposed to prevent him from interfering with the wife’s authority over the children. We modify the injunction because we believe that its provisions are overbroad. In all other respects, we affirm the trial court. |
Maury | Court of Appeals | |
Yvette Porter Caira v. Ronald Stephen Caira
This case is before us on appeal from the trial court’s decree of divorce and grant of child custody and support to the Appellee, Ronald Steven Caira. In bringing this appeal, Appellant raises two issues for consideration. 1. Whether the trial court erred in failing to award primary custody of the minor children of this marriage with Defendant/Appellee. 2. Whether the trial court made an equitable property distribution of the debts, assets and retirement proceeds of this marriage. |
Montgomery | Court of Appeals | |
Marvin E. Alexander, D/B/A Alexander Auctions & Real Estate Sales, v. John Hopkins and Rhonda Hopkins, Individually and D/B/A Richland Creek Sod Farm
A licensed auctioneer and real estate broker filed suit against the defendant landowners for breach of an auction contract, because the defendants sold their land prior to the scheduled auction without his participation. The trial court held that the auctioneer was entitled to the anticipated commission amount. We affirm the trial court’s holding that the property owners are liable, but we modify the amount of damages. |
Giles | Court of Appeals | |
John Anderson Kinard v. Linda Kinard
This appeal involves a divorce ending a long-term marriage. The husband filed suit to divorce his wife of thirty years in the Chancery Court for Rutherford County, and the wife counterclaimed for a divorce from bed and board. The trial judge, sitting without a jury, declared the parties divorced, divided the marital property, and awarded the wife rehabilitative alimony for three years. The wife takes issue on this appeal with the decision to declare the parties divorced, the division of marital property, and the failure to award her long-term spousal support and attorney’s fees. She also insists that the trial judge should have recused himself because of his prior professional association with the husband’s lawyer. We conclude that the trial judge was not disqualified from hearing this case. While we also find that declaring the parties divorced was proper, we have determined that the division of marital property and the spousal support award should be modified but that the wife should not receive an additional award for her legal expenses. |
Rutherford | Court of Appeals | |
Heather Alicia Roach Thomson v. Patrick James Thomson - Concurring
This is an appeal from a post-divorce proceeding wherein the appellant sought a change in custody of the parties minor child on the grounds that there had been a material change of circumstances justifying such a change. The trial court dismissed the complaint and this appeal resulted. We affirm the judgment of the trial court. |
Union | Court of Appeals | |
Jason Rains, Crystal L. Carney, and Kathy Carney v. Edwin Scott Sussdorff,III, a/k/a/ Ed Sussdorff, Vicky R. Sussdorff, E. Scott Sussdorff and Allstate Insurance Company - Concurring
While riding as passengers in an automobile owned by defendant and driven by a close friend of defendant’s son, the intervening plaintiff was seriously injured in a one-car accident when the driver apparently fell asleep at the wheel. The passenger intervened in the driver’s petition and alleged that the vehicle had been driven with the express or implied permission of its owner and sought a declaratory judgment that his insurer was therefore liable for her injuries. The trial court found the driver did not have such permission and dismissed intervenor’s petition, and she appeals. |
Hamilton | Court of Appeals | |
The CIT Group/Sales Financing vs. Leslie Williams
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Madison | Court of Appeals | |
Allstate vs. Daniel
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Knox | Court of Appeals | |
Pigeon vs. Maples
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Court of Appeals | ||
Renaissance vs. Billbury
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Court of Appeals | ||
03A01-9708-CV-0365
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Knox | Court of Appeals | |
Edward Traughber, et al. vs. Kelly A. Kress, et al.
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Montgomery | Court of Appeals | |
Donald Davis vs. Sumner County Sheriff, J. D. Vandercook, et al.
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Sumner | Court of Appeals | |
Donald Zseltvay vs. Metropolitan Government
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Davidson | Court of Appeals | |
Ashe vs. Radiation Oncology Associates
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Davidson | Court of Appeals | |
Ashe vs. Radiation Oncology Associates
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Court of Appeals | ||
Hartsville Hospital, Inc. vs. The National Bank & Trust Co.
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Trousdale | Court of Appeals | |
Angela Hogan vs. Rex Reese and Sonya M. Reese
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Sumner | Court of Appeals | |
Concrete Spaces, Inc., et al. vs. Henry Sender, et al.
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Davidson | Court of Appeals | |
Henry Andrews vs. Lubricon, et al
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Shelby | Court of Appeals | |
Wanda Ortiz Degroot, v. Michael Degroot
The controversy in this appeal concerns the award of custody of Andrew, the parties' two-year-old son, to the mother. |
Greene | Court of Appeals |
