Gary Baker v. Roane State Community College, et al.
This case involves the timeliness of a grievance filed by Appellant, an employee of Roane State Community College. The hearing officer determined that such grievance was not filed within the limitations period. Appellant appealed this decision to the Chancery Court of Davidson County, which affirmed the decision of the hearing officer. Appellant now appeals to this Court and we affirm. |
Davidson | Court of Appeals | |
Joann Mallinak Glassell v. Richard Lee Glassell
Joann Mallinak Glassell ("Plaintiff") was represented by attorney James M. Crain ("Crain") throughout divorce proceedings she filed against Richard Lee Glassell ("Defendant"). After a trial, the Trial Court ordered the equity from the sale of the marital residence to be divided equally between the parties. The Trial Court then applied various off-sets to the amount awarded Plaintiff, thereby reducing the net amount of Plaintiff's recovery to $0.00. The Trial Court concluded that Crain's attorney's fee lien was lower in priority to the various off-sets. Crain appeals, claiming the Trial Court improperly subordinated his attorney's fee lien to the off-sets and that his lien should be given priority. We modify the judgment of the Trial Court and affirm as modified. |
Knox | Court of Appeals | |
Allen Blankenship, D/B/A Skullbone Music Park, Inc., v. Gibson County and county Commissioners, et al.
This is a zoning case. The property owner applied to re-zone the property from agricultural to business. The Tennessee Department of Economic and Community Development and the county planning commission recommended that the County Commission deny the property owner’s application. The County Commission voted to deny the application. The plaintiff/appellant property owner filed a complaint for declaratory judgment in chancery court, seeking to overturn the decision. The defendant/appellee County Commission filed a motion for summary judgment, which was granted. The property owner now appeals. We affirm, finding no genuine issue of material fact and that the County Commission had a rational basis for its decision. |
Gibson | Court of Appeals | |
Albert Thompson v. Johnny W. Sanders, Melinda Thompson, Gayle Sanders, and Ez Cash I, II, III, IV, and V, L.L.C.
The issue in this case is whether we have subject matter jurisdiction over this appeal. The plaintiff sued the defendants for, among other things, breach of contract, fraud, and intentional infliction of emotional distress. On July 15, 2002, the trial court entered an order granting summary judgment in favor of the defendants. Thirty-two (32) days later, on August 16, 2002, the plaintiff filed a motion to alter or amend the judgment. The trial court denied the motion to alter or amend, and the plaintiff now appeals. This Court, sua sponte, asked the parties for supplemental briefs regarding whether the appeal was timely. In light of the undisputed facts, we must hold that the plaintiff’s motion to alter or amend was untimely and, consequently, that the plaintiff’s notice of appeal was untimely. Therefore, we must dismiss this appeal for lack of subject matter jurisdiction. Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed for Lack of Jurisdiction |
Shelby | Court of Appeals | |
In Re: B.B. & T.S.B.
This appeal involves a petition filed by the Department of Children’s Services to terminate the parental rights of Mother to two of her minor children. The trial court granted the petition and Mother appeals the decision. Because we find there was not clear and convincing evidence of a ground for termination, we reverse the judgment. |
Perry | Court of Appeals | |
In Re: B.B. & T.S.B. - Concurring
I concur in the judgment that grounds for termination of parental rights in this case are not |
Perry | Court of Appeals | |
Jeffrey P. Hopmayer v. Aladdin Industries, L.L.C.
Plaintiff filed suit alleging Defendant breached its employment contract by failing to provide Plaintiff with phantom units when Plaintiff was terminated without cause. Defendant denied that Plaintiff's phantom units had vested, and therefore, Plaintiff was not entitled to any phantom units at the time of his termination. The trial court found that the letter memorializing the Defendant's offer of employment was sufficiently definite and met the other requirements for a valid contract, including mutual assent. The trial court also found that the terms of the employment contract did not include any vesting requirements for Plaintiff's phantom units. As a result, the trial court found that Defendant had breached its employment contract and awarded Plaintiff the value of his phantom units contained in the employment agreement plus pre-judgment interest dating back to Plaintiff's termination. Defendant appeals. We affirm. |
Davidson | Court of Appeals | |
State Resources Corporation v. Thomas E. Talley
Appellee purchased Appellant’s overdue Note from FDIC, who was receiver of The Bank |
Crockett | Court of Appeals | |
Lilliam E. Griffis, et al., v. Davidson County Metropolitan Government, D/B/A Davidson County Board of Education
This is an appeal from the grant of Appellee's Motion for Summary Judgment, involving the interpretation of a 1908 Deed, which created a fee simple determinable with a possibility of reverter. Finding that the reversionary language was triggered upon the property ceasing to be used as a classroom facility, we reverse and grant summary judgment to the non-moving Appellants. |
Davidson | Court of Appeals | |
Raymond E. Rollins, Jr., et al., v. The Electric Power Board of the Metropolitan Government of Nashville and Davison County, et al.
This appeal concerns a complaint of negligence filed by the appellants Raymond and Sharon Rollins against the Electric Power Board of Metropolitan Nashville and Davidson County (NES). The alleged negligence involved the cutting and removal by NES of three trees on the appellants' property. The Rollins appeal the trial court's final order in favor of NES. We affirm. |
Davidson | Court of Appeals | |
Anna (Rutherford) Peychek v. Donald Lewis Rutherford
Appellant filed petition seeking credit against child support arrearage for necessaries provided to minor children. The trial court granted Appellant $10,236.50 in credit toward his support arrearage. Appellant appeals asserting that the trial court erred in giving a percentage of necessaries provided. Finding that the Appellant did not meet his burden of proof in his claim for necessaries and that the evidence in record preponderates against the trial court’s findings, we reverse in part, affirm in part and remand. |
Shelby | Court of Appeals | |
Thomas Jackson v. Tennessee Department of Correction, et al.
This appeal involves a petition for writ of certiorari filed by a state prisoner. The prisoner was found guilty of money laundering by the prison Disciplinary Board, and placed in punitive segregation for ten days, ordered to pay a $5.00 fine, and was recommended him for involuntary administration segregation. The prisoner filed a petition for common law writ of certiorari in the Chancery Court of Lauderdale County alleging that the Disciplinary Board committed multiple violations of its own disciplinary procedures. The trial court issued an order granting certiorari, and respondents filed a certified copy of the disciplinary record for the prisoner with the trial court. After reviewing the record, the trial court held that the Petitioner had failed to prove that the Disciplinary Board exceeded its jurisdiction or acted illegally, fraudulently or arbitrarily, and quashed the petition. Prisoner appeals. We affirm. |
Lauderdale | Court of Appeals | |
In Re: C.D.C., Jr.
This is a proceeding to terminate the parental relationship between father and son. The mother's relationship had been previously terminated at her request. The trial court terminated the father's parental relationship on statutory grounds of non-support, non visitation, and best interests. Father essentially argues that his son, who was born February 12, 1996 in Texas, was hidden from him, thereby frustrating his efforts to support or visit him. The trial court found that the Respondent had little credibility, that he had no permanent address, and that he failed to keep anyone apprised of his address for the last four years. Judgment affirmed. |
Greene | Court of Appeals | |
C. Vinson Alexander Jr., M.D. v. Jackson Radiology Associates, P.A., et al.
The trial court imposed sanctions on Plaintiff, who undisputedly spoiled evidence and lied in a sworn deposition, and dismissed Plaintiff’s cause of action. On appeal, Dr. Alexander argues that dismissal was improper. We affirm. |
Madison | Court of Appeals | |
Wanda Gail Sandlin v. George Samuel Sandlin
Wife filed for divorce alleging irreconcilable differences or, in the alternative, that Husband was guilty of inappropriate marital conduct. The trial court granted Wife an absolute divorce on the basis of Husband's stipulated inappropriate marital conduct. The trial court further ordered a distribution of marital property and debt, awarded wife alimony in futuro and attorney's fees, and required Husband to maintain a life insurance policy to secure his alimony obligation. Husband appeals. We affirm the award of alimony in futuro, distribution of marital property and debt, and the award of attorney's fees as alimony in solido. However, we vacate the requirement to provide life insurance and remand. |
Putnam | Court of Appeals | |
Kay Gilliam Dulin v. Michael Jay Dulin
Father of minor child appeals the trial court’s order finding him in contempt of court, assessing arrearages of child support and attorney fees on the ground that the court lacked personal jurisdiction in the original divorce action and all subsequent proceedings. We affirm. |
Shelby | Court of Appeals | |
Parris Lester v. Cracker Barrel Old Country Store, Inc.
This appeal concerns a restaurant's liability for the conduct of an employee who verbally abused and bumped a customer. The customer filed suit against the restaurant in the Circuit Court for Wilson County seeking damages for intentional infliction of emotional distress. The trial court granted the restaurant a summary judgment and the customer appealed. The sole issue on appeal is whether the employee was acting within the scope of his employment when he harassed and bumped the customer. Because we find as a matter of law the employee was not acting within the scope of his employment, we affirm the summary judgment. |
Wilson | Court of Appeals | |
Rita Werne v. Robert Sanderson, et al.
The trial court found Plaintiff was the owner of disputed stock, but had failed to prove monetary damages. We affirm in part and remand for further proceedings regarding damages. |
Shelby | Court of Appeals | |
Kevin Demers v. Walter Whittenburg
This case involves two Rule 12.02(6) motions to dismiss converted to motions for summary judgment through the filing of additional affidavits with Plaintiff’s response to these motions. Although the trial court dismissed all claims against Defendants for failure to state a claim under Rule 12.02(6), we must review the evidence using a Rule 56 motion for summary judgment standard. Plaintiff alleged numerous business torts, conspiracy, intentional infliction of emotional distress, and defamation in this action against Defendants. However, Plaintiff failed to provide any evidence from which a jury could return a verdict in favor of Plaintiff on any count alleged. The trial court also granted Rule 11 sanctions against Plaintiff. The judgment of the trial court is affirmed, but on summary judgment grounds. |
Robertson | Court of Appeals | |
Kevin Demers v. Walter Whittenburg - Concurring
While I concur with the decision to affirm the trial court’s dismissal of Mr. Demers’s claims in this case, I write separately to point out that the outcome may very well have been different had we employed the standard customarily used to review orders granting a Tenn. R. Civ. P. 12.02(6) motion to dismiss. However, by using affidavits to oppose the motion to dismiss, Mr. Demers has succeeded in converting the Tenn. R. Civ. P. 12.02(6) motion to a motion for summary Thus, rather than reviewing Mr. Demers’s amended complaint to determine whether it states claims upon which relief can be granted, we need only determine whether, based on the undisputed facts, the defendants have demonstrated that they are entitled to a judgment as a matter of law. |
Robertson | Court of Appeals | |
Cheryl O'Brien v. Rheem Manufacturing Company
In this appeal an unsuccessful plaintiff seeks review of a jury verdict approved by the trial court, in favor of the defendant manufacturer. We affirm. |
Montgomery | Court of Appeals | |
Dana Friedenstab, et al., v. Martha Short - Dissenting
The majority has determined that summary judgment was proper because the plaintiff failed to establish that the defendant owed her a duty and that the plaintiff was responsible for no less that 50% of her own injuries. I respectfully disagree. |
Williamson | Court of Appeals | |
Dana Friedenstab v. Martha Short
The plaintiffs bring this appeal from the trial court’s summary judgment in favor of the defendant. We affirm. |
Williamson | Court of Appeals | |
State of Tennessee, et al., v. Jamie Burnette, et al.
This appeal involves the juvenile court's termination of parental rights to two children, A.L.B. (d.o.b. 10/25/96), and B.L.B. (d.o.b. 12/01/98). Appellant argues that the trial court's findings regarding abandonment of the children, persistent conditions, and the children's best interests are unsupported by clear and convincing evidence. We affirm the trial court. |
Lincoln | Court of Appeals | |
John McVoy v. Mary Ann Parks
This appeal involves an order of protection. After several public confrontations with his former girlfriend, the petitioner sought an order of protection from the Chancery Court for Sumner County. The trial court granted the order of protection, and the former girlfriend appealed to this court. Because the evidence does not preponderate against the trial court's decision, we affirm. |
Sumner | Court of Appeals |
