Irvin vs. Johnson
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Montgomery | Court of Appeals | |
Bursack vs. Wilson
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Davidson | Court of Appeals | |
Moore Construction Co. vs. Story Engineering
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Montgomery | Court of Appeals | |
Bennie Day and Karen Day, v. City of Dercherd, Otis B. Smith, Jr., Mayor, Hank Weddington, Bill van Hoosier, Frank Green, and Daryl Doney, Commissioners - Concurring
I concur i the resulst of the majority opinion, but would base that result on different reasoning. |
Court of Appeals | ||
Phyllis Ann Frazier Hamby v. Joseph Dewight Hamby and Anthony Hamby - Concurring
In this divorce action, the wife appeals from the Trial Court’s Order of child support and the evaluation of the marital estate and its distribution. |
Polk | Court of Appeals | |
Etta Mechelle Parks, v. Craig DeWayne Parks
In this divorce case, the appellant Etta Mechelle Parks argues that the trial court erred in awarding her former husband, Craig Dewayne Parks, custody of their two boys, ages seven and almost four. We do not find that the evidence preponderates against the trial court’s custody decree. See Rule 13(d), T.R.A.P.; Hass v. Knighton, 676 S.W.2d 554, 555 (Tenn. 1984). Accordingly, we cannot say that the trial court abused its discretion in placing the children’s sole custody with Mr. Parks. See Grant v. Grant, 286 S.W.2d 349, 350 (Tenn.App. 1954). |
Campbell | Court of Appeals | |
Patrick Alan Wolfe v. Terri Lee Wolfe
In this post-divorce case, the trial court denied the petition of Terri Lee Wooten, formerly Wolfe (“Mother”), seeking sole custody of the parties’ daughter, Kelsea Wolfe, age five and a half. In the same order, the court granted the counterclaim of Patrick Alan Wolfe (“Father”) by modifying Mother’s visitation rights. Mother appealed, arguing that the trial court abused its discretion in failing to change the child’s custody. She also claims that the court erred in modifying the visitation schedule set forth in the divorce judgment. |
Monroe | Court of Appeals | |
Leslie A. Hassell, v. Thomas W. Hassell
Following the trial of this matter, the court ordered the parties, Leslie A. Hassell (Wife) and Thomas W. Hassell (Husband), to be entitled to a divorce pursuant to T.C.A . § 36 -4 -129 ( b ) . Husband was ordered to pay Wife $500 per month as alimony in futuro and that award is the sole issue presented by Husband to this court on appeal. |
Henderson | Court of Appeals | |
Dannie Joe Christmas, v. Ralph Moore and Linda Moore
This case involves the possession of real estate after foreclosure proceedings. After a bench trial, the trial court determined that Appellees were entitled to possession of the real estate in question. We affirm. |
Roane | Court of Appeals | |
Joy Walls, Individually and as Surviving Spouse of Decendent Wendell M. Goodwin, v. AC & S, Inc. et al.
This suit was initiated by Plaintiff-Appellant, Wendell Goodwin, against Defendants-Appellees, Pittsburgh Corning Corporation, Owens-Corning Fiberglas Corporation, and a number of other Defendants, seeking damages because of an illness Mr. Goodwin contracted -- specifically a stomach cancer known as peritoneal mesothelioma -- resulting from his occupational exposure to asbestos products manufactured and distributed by the Defendants, including Pittsburgh Corning and Owens-Corning. The Trial Court, in sresonse to the answers supplied by the jury through special interrogatories hereinafter set out, entered a judgment in favor of the Defendants because the Plaintiff's claim was barred by the applicable statute of repose, T.C. A . 29 -28 -103(a). |
Knox | Court of Appeals | |
Jacqueline Sue Rogers v. Samuel L. Banks and Cathy J. Stancil - Concurring
Samuel L. Banks, a doctor, and Cathy J. Stancil, a nurse, appeal a jury verdict rendered against them in favor of their former patient, Jacqueline Sue Rogers. Ms. Rogers brought two actions of medical malpractice in the Hamilton County Circuit Court. One action was brought against Dr. Banks, her treating physician. The other action was brought against Nurse Stancil. Nurse Stancil performed the majority of the procedure in question. Judge Robert M. Summitt denied motions for directed verdict after Ms. Rogers presented her case and again after Dr. Banks and Nurse Stancil presented their case. Both actions were submitted to the jury. The jury returned a general verdict against both Dr. Banks and Nurse Stancil for $60,000. Dr. Banks and Nurse Stancil both filed motions for judgments not withstanding the verdict as well as motions for a new trial. Judge Summitt overruled these motions and upheld the jury award. We now reverse the judgment below and dismiss boith suits with prejudice. |
Hamilton | Court of Appeals | |
Keith Johnson, v. Fortunes Untold, Inc., D/B/A Easy Money Pawn Shop, et al.
The Trial dismissed plaintiffs’ causes of action for personal injury on the basis that the statute of limitations had run before the action was properly brought, pursuant to Rule 3, T.R.C.P. |
Blount | Court of Appeals | |
William Michael Anderton v. Evelyn Adele Morgan Anderton
Mr. Anderton has filed a Tenn. R. App. P. 39 petition for rehearing and a Tenn. R. App. P. 14 motion to consider post-judgment facts with regard to his actual gross income in 1996 and 1997. Ms. Anderton has filed a response to these motions. We have determined that Mr. Anderton’s motions should be granted. |
Williamson | Court of Appeals | |
Gretchen Hart, v. Ronald Rick Hart
This is a post-divorce decree proceeding to adjust the amount of periodic alimony. The wife has appealed from the judgment of the Trial Court increasing the alimony from $1,000 per month to $1,350 per month. |
Davidson | Court of Appeals | |
W. Hudson Connery, Jr. et al., v. Columbia/HCA Healthcare Corporation, et al.
Twenty former employees of “HealthTrust,” a ____________ sued HealthTrust and its “successor in interest,” Columbia Health Care Corporation, to recover share of stock (or the value thereof) which they had purchased with earned bonuses and for the value of shares of stock due some of the plaintiffs due them upon discharge. Two of the plaintiffs nonsuited, leaving eighteen. |
Davidson | Court of Appeals | |
James E. Collins v. Department of Correction
The captioned appellant is a prisoner in the punitive custody of the Tennessee Department of Correction. On February 19, 1997, he filed in the Trial Court a petition for declaratory judgment alleging that on November 16, 1996, he filed with the Department a petition for a declaratory order correcting an erroneous entry showing two life sentences which have been merged. |
Davidson | Court of Appeals | |
State of Tennessee on relation of Ervin Smith and Ervin Smith Individually, v. L. B. Franklin and Alex Richmond, Cit of Carthage, Tennessee, a municipal corporation, Mayor David Bowman
The plaintiff, Ervin Smith, has appealed from the judgment of the Trial Court as to his rights in regard to an alleged public right-of-way on property adjoining plaintiff’s land.
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Smith | Court of Appeals | |
Lionel L. Lulow v. Earl Poss and Carl Poss - Concurring
This is an appeal by defendants/appellants, Earl and Carl Poss, from a decision of the chancery court in a boundary dispute. It is the Posses contention that the chancery court erred when it approved the survey entered into evidence by the plaintiffs/appellees, Lionel and Nancy Lulow. The diagram below, while not drawn to scale, depicts the layout of the relevant tracts of land. Reference to this diagram will be helpful in understanding the following facts. |
Cannon | Court of Appeals | |
Consumer Advocate Division, v. Tennessee Regulatory Authority; Nashville Gas Company
This petition under Rule 12, Tenn. R. App. Proc., to review a rate making order of the Tennessee Regulatory Authority presents a host of procedural and substantive issues. We affirm the agency order. |
Court of Appeals | ||
Charles F. Gaulden, and Wife, Ruth S. Gaulden, v. Robert L. Scruggs, and Wife, Joyce W. Scruggs
The question in this case is whether a purchaser of mortgaged property, who pays off the mortgage, takes an assignment of the note and deed of trust, and subsequently releases the deed of trust, can then sue the original mortgagee on the note. The Chancery Court of Davidson County dismissed the action. We affirm. |
Davidson | Court of Appeals | |
David K. Wachtel, Jr., v. Western Sizzlin Corporation, F/K/A Franchisee Acquisition Cororation, v. David K. Wachtel, Jr. and Restaurant Management Services, Inc.
This breach of contract case is before us on a Rule 54.02, Tenn. R. Civ. Proc. appeal. The only question for our decision is whether the trial court erred in granting the defendant’s motion for partial summary judgment on the plaintiff’s claim for certain consequential damages arising from the defendant’s breach of contract. We reverse the trial court. |
Davidson | Court of Appeals | |
Razorback Marble Mfg. Co., Inc., v. D.D. Roberts Construction Company, Naran P. Patel, Kusum N. Patel, and Heritage Bank
In this construction contract dispute, the Chancery Court of Montgomery County granted a judgment plus prejudgment interest to Razorback Marble Manufacturing Company, Inc. On appeal, Roberts Construction Company, Inc. and D. D. Roberts, Individually, raise issues pertaining to the Contractor’s Licensing statutes and the Notice of Non-Payments statute. Razorback insists that it was due a larger judgment and a greater award of prejudgment interest. |
Montgomery | Court of Appeals | |
W. Hudson Connery, Jr., et al. v. Columbia/HCA Healthcare Corporation, et al., - Concurring
I concur in Judge Todd’s opinion affirming the grant of summary judgment to the defendants. I write separately simply to emphasize the following points: First, the bonus plan allowed the plaintiffs to purchase shares of the company at a price below the market price. When the plaintiffs left the company before the shares fully vested, they did not forfeit their investment; they simply lost the difference between what they had invested and the market value of the shares. The difference in the purchase price and the market value is what this controversy is about. |
Court of Appeals | ||
Bennie Day and Karen Day v. City of Decherd, Otis B. Smith, Jr., Mayor, et al. - Concurring
Property owners alleged in a petition for common law certiorari that the city of Decherd acted arbitrarily and capriciously in refusing to rezone their property from residential to commercial. The Chancery Court of Franklin County dismissed the petition. We affirm. |
Franklin | Court of Appeals | |
In the matter of the estate of Mary Ardelle Gower, Deceased, v. Tyson Robertson, Bessie Lewis, Danny Boggell, Pat Henkel, and Marilyn Whitten
Mary Ardelle Gower died on August 11, 1995 in Wayne County, Tennessee at the age of 73. Her will was offered for probate by William Steven Jones, the executor therein named and the sole beneficiary of the will. |
Wayne | Court of Appeals |
