Dan Johnson v. Department of Correction M2001-02424-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ellen Hobbs Lyle
This appeal involves a dispute between a prisoner and the Tennessee Department of Correction regarding historical sentencing information contained in his records. The prisoner filed a petition for writ of mandamus in the Chancery Court for Davidson County seeking an order directing the Department to remove an outmoded release eligibility date from his records and to certify him as eligible for parole. The trial court granted the Department's motion for summary judgment, and the prisoner has appealed. We affirm the judgment because the manner in which the Department maintains its records is not a ministerial function and because the prisoner does not have a legal right to require the Department to maintain his records in any particular way.
Davidson
Court of Appeals
Dept. of Children's Services v. C.M.S. M2001-02893-COA-R3-JV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: George L. Lovell
This case involves the termination of parental rights of the mother of two children, both of whom were born while the mother was a minor. At the time of the hearing the son was almost five and the daughter was almost three, and they have been in state custody since they were one year old and three months old, respectively. The trial court terminated the mother's parental rights because of the persistence of conditions which prevent the safe return of the children to the mother and because there was little likelihood the conditions would be remedied at an early date to allow a safe return in the near future. We affirm that decision.
Maury
Court of Appeals
J.D. Hickman v. Board of Parole M2001-02346-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Carol L. Mccoy
Inmate filed a motion for declaratory relief regarding his rights to access certain materials held by the Board of Probation and Parole and sought an order from the trial court mandating the production of those materials at the expense of the Board. The trial court denied the motion for summary judgment filed by the inmate and dismissed the action in its entirety because the requirements for a mandatory injunction had not been met, but stated that the inmate was not prohibited from again seeking the materials by identifying the specific documents he wanted copied and paying in advance for the copies. We affirm the trial court's decision to deny the motion for summary judgment, but reverse the dismissal and remand.
Davidson
Court of Appeals
State v. John Phillips M2001-02396-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Steve R. Dozier
This appeal involves the forfeiture of two motorcycles and $15,910 seized by the District Attorney General for the Twentieth Judicial District as part of a proceeding to abate a motorcycle club as a nuisance. The owners of the club requested the Criminal Court for Davidson County to return the motorcycles and cash because they had not been used to maintain or conduct the motorcycle club. The trial court conducted a bench trial and ordered that the property be forfeited. The motorcycle club's owners have appealed. We have determined that the evidence supports the forfeiture order with regard to the two motorcycles and all but $680 of the cash.
Davidson
Court of Appeals
Marshall Moffett v. Dept. of Correction M2001-03011-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Carol L. Mccoy
Petitioner filed, pro se, a "Petition for Nunc Pro Tunc" in which he asserted that he was presently confined and that the defendant added 1775 days to his sentence unlawfully. The trial court granted the defendant's Motion for Summary Judgment and we affirm the trial court.
Davidson
Court of Appeals
Deborah Coates v. Thomas Coates M2001-01928-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Stella L. Hargrove
This appeal arose after the trial court rejected the father's petition to reduce child support. Because the father showed a substantial variance between the amount of child support he was ordered to pay and the amount of child support called for under the guidelines, we reverse the trial court's order denying modification prospectively. Because the court originally awarded support from the father's property, we affirm the denial of modification of that portion of the child support award.
Maury
Court of Appeals
Jabari Issa Mandela v. Donal Campbell M2001-01956-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen Hobbs Lyle
Davidson County -After a federal court barred an inmate legal helper from submitting further filings, the warden removed the legal helper from his job. The prisoner filed a Petition for Declaratory Judgment against the Warden and the Commissioner of Correction in an attempt to have his job restored. The trial court dismissed the petition for failure to name a proper party and failure to state a claim for which relief can be granted. We affirm the trial court.
Davidson
Court of Appeals
Jerry L. Johns v. Donal Campbell M2001-02110-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Irvin H. Kilcrease, Jr.
Jerry L. Johnson, pro se, seeks a declaratory judgment that he is being held in the Tennessee Department of Correction without proper authority. The trial court sustained a Motion for Summary Judgment filed by the Commissioner and we affirm the trial court.
Davidson
Court of Appeals
Kelly Lee Crawford, et al. v. Brian C. Beatt M2001-01661-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol L. Soloman
The Circuit Court of Davidson County granted summary judgment to the defendants on this medical malpractice case, holding that the claim was barred by the statute of limitations. The court also awarded the defendants their costs and attorney's fees as sanctions for the plaintiffs' false answers in discovery. We affirm.
Davidson
Court of Appeals
Wayne Fuller v. Donal Campbell M2001-01719-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen Hobbs Lyle
Davidson
Court of Appeals
Wayne Fuller v. Donal Campbell M2001-01719-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen Hobbs Lyle
Davidson
Court of Appeals
Behi Hamidy v. W. Dyrk Halstead M2001-02791-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: R.E. Lee Davies
This is a suit for breach of contract wherein the trial court held that a promissory note, rendered non-negotiable by provisions relating to payment prior to maturity by means other than money, was nonetheless a binding contract between the parties thereto. Holding that parol evidence was inadmissible to vary the unambiguous terms of the contract, the trial court entered judgment for the plaintiff. We affirm the action of the trial court.
Williamson
Court of Appeals
In Re: The Adoption of D.P.M. E2001-00958-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: John F. Weaver
This case started with competing petitions for adoption filed by the maternal and paternal grandparents of D.P.M., who is six years old. After the Trial Court terminated the parental rights of both natural parents on the basis of abandonment, the adoption of D.P.M. was awarded to the maternal grandparents. The parties agreed the paternal grandparents would be granted visitation, and the Trial Court set forth the amount of visitation and the rights and restrictions of the paternal grandparents when exercising visitation. Notwithstanding the maternal grandparents' agreement to this visitation, they appeal the granting of visitation, as well as the rights granted to the paternal grandparents when exercising this visitation. We affirm.
Washshukru Al-Jabbar A'La vs. State E2001-03133-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: D. Michael Swiney
Court of Appeals
Pauline Cato v. Montgomery County Bd of Commissioners M2001-01846-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Michael R. Jones
This appeal arises from a property owner's efforts to rezone a 94-acre tract of property in the Sango community of Montgomery County from an agricultural to a residential classification. Despite the planning commission's approval of the proposal, the Montgomery County Commission declined to change the property's zoning classification. The property owner thereafter filed a petition for common-law writ of certiorari in the Chancery Court for Montgomery County asserting that the county commission had succumbed to community pressure and lacked any other appropriate basis for declining to rezone the property. The trial court, sitting without a jury, upheld the county commission's decision after concluding that it was fairly debatable whether the proposed development was compatible with the surrounding community. The property owner has appealed. We have determined that the courts have no basis to second-guess the county commission's decision and, therefore, we affirm the judgment.
Montgomery
Court of Appeals
Leo Davis Jr. vs. Angela Davis W2001-01748-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Joe C. Morris
This appeal arises from a divorce proceeding initiated by the husband. The trial court, holding that husband had engaged in inappropriate marital conduct, granted the divorce to the wife. The trial court valued and classified much of the parties' property with limited proof. The court further awarded wife attorney's fees and costs. Husband now raises several issues for our review. For the foregoing reasons, we affirm in part, reverse in part, and remand this case for further proceedings.
Madison
Court of Appeals
Donald King vs. Betty King W2001-01766-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Joe C. Morris
This is an alimony case. The parties were married for twenty-nine years. The wife is disabled and unable to work. Upon divorce, the husband was ordered to pay alimony in futuro until the wife reaches sixty-two years of age. On appeal, the husband argues that the trial court improperly assessed the wife's living expenses, and that the husband will not be able to afford the necessities of life if he is required to fulfill his alimony obligation. We affirm, finding that the trial court did not abuse its discretion.
Ronnie Carroll vs. Nancy Braden vs. James Palmer W2001-01901-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: J. Steven Stafford
This appeal involves a disputed tract of land that the third-party plaintiff allegedly purchased in 1983 and received a deed for in 1987. The trial court held that plaintiff's statutes of limitation had expired and granted a motion for summary judgment in favor of the third-party defendant who executed the deed. For the following reasons, we affirm.
Dyer
Court of Appeals
Lillard Watts vs. Kroger W2001-01834-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Rita L. Stotts
This is a personal injury case dismissed by the trial court as barred by the statute of limitation because it was filed more than one year after the first voluntary nonsuit. Plaintiff filed a motion to alter or amend the order of dismissal pursuant to Tenn. R. Civ. P. 59.04 and also filed a Tenn. R. Civ. P. 60.02 motion to set aside the orders of nonsuit as invalid. The trial court denied both motions, and plaintiff has appealed. We affirm.
Larry Butler vs. Gwendolyn Butler W2001-01137-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: George R. Ellis
This is a contempt of court case. The father and mother were divorced in August 1999. The father was ordered to make child support payments to the mother. The mother later filed a motion to require the father to pay his child support obligation through income assignment. The mother then sought the assistance of a state-authorized child support enforcement contractor to assist her in obtaining an increase in child support. This act triggered statutory provisions associated with Title IV-D of the Social Security Act. The trial court denied the mother's motion to require income assignment, and ordered that the child support payments continue to be paid directly to the mother. The child support contractor then caused a child support payment coupon to be sent to the father, and also issued, on behalf of the Tennessee Department of Human Services, an administrative order to redirect the child support payments to the State's child support collection and disbursement unit. In response, the father filed a motion to hold the mother in civil contempt for taking actions to have the child support payments made by income assignment, and also sought an order enjoining the mother from utilizing the child support contractor. The trial court ordered that the administrative order be set aside. The mother then filed another motion, inter alia, to have the father pay child support by income assignment through the State's central child support collection and disbursement unit. The father filed another motion to have the mother and the child support contractor cited for contempt of court. The trial court held the mother and the child support contractor in contempt, fined each of them, ordered that they reimburse the father for the administrative fees and his attorney's fees, and pay court costs. We reverse, holding that the finding of contempt by the trial judge was an abuse of discretion because the original order was contrary to Tennessee law; Tennessee statutes require the father's child support payments to be redirected through the State child support collection and disbursement unit, and the record does not include evidence supporting an exemption from the statutory requirement that the payments be made by income assignment.
Haywood
Court of Appeals
Frankie Davis vs. Jason Davis W2001-01842-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: George R. Ellis
In this post-divorce proceeding, the State of Tennessee filed a petition against Mr. Jason Davis (hereinafter "Father") for contempt and seeking child support arrears ordered to be paid to the custodial parent, Ms. Frankie Davis (Gant) (hereinafter "Mother"). The trial court granted the State a judgment in the amount of $1,660.00, representing the amount of State assistance paid to the Mother and children, to be liquidated by the Father at the rate of $10.50 per week. The State has appealed. We affirm as modified in part, reverse in part, and remand.
Gibson
Court of Appeals
CH-00-0659-1 CH-00-0659-1
Trial Court Judge: Walter L. Evans
