J.M. Cox, Jr. v. East Tennessee Natural Gas E2002-02946-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: G. Richard Johnson
In this declaratory judgment action to declare the rights between the dominant and servient estates relating to an easement, the trial court held that the landowner's proposal to add fill dirt over the pipeline easement did not unreasonably interfere with defendant's rights. Defendant has appealed. We reverse.
Washington
Court of Appeals
Combustion Federal Credit Union vs. John Farmer E2003-00107-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: W. Neil Thomas, III
A judgment was rendered against Mr. Farmer in 1992. It remained unpaid, and the judgment creditor's petition for revival was granted. Mr. Farmer appeals, claiming that he never signed the note which formed the basis of the 1992 action. We affirm.
Hamilton
Court of Appeals
Cordell Taylor vs. Donnie & Vick Williams E2003-00199-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Frank V. Williams, III
In this dispute over the boundary line between the parties' property, the Trial Court established the line and declared an easement. Defendants have appealed. We affirm.
Morgan
Court of Appeals
Pache Industries vs. Wallace Hardware E2003-01483-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Kindall T. Lawson
Pache Industries, LLC ("Plaintiff") sued Wallace Hardware Co., Inc. ("Defendant") for unpaid invoices. Defendant was served with the summons and complaint, but did not answer within thirty days. Plaintiff filed a motion for default judgment. After being served with the motion for default judgment, Defendant hired an attorney, filed an answer to the complaint, and filed responses to discovery requests. The Trial Court granted Plaintiff a default judgment. Defendant filed a motion to set aside the default judgment. The Trial Court denied the motion. Defendant appeals. We affirm.
Hamblen
Court of Appeals
Eddie Belcher vs. State E2003-00642-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Robert A. Fellman
This claim against the State of Tennessee arises out of a two-vehicle accident. Eddie W. Belcher was driving to church with his wife, Sara O. Belcher, when their vehicle struck the rear of a vehicle driven by Eric Wilson . The Belchers, who sustained severe injuries as a result of this accident, filed a claim against the State, alleging that a dangerous condition existed on the portion of the interstate where the accident occurred and that the section of the interstate was negligently designed and maintained. The Claims Commission determined that the State was negligent in its design of that stretch of interstate, but held that its negligence was not the proximate cause of the Belchers' injuries. The Belchers appeal, arguing that the Claims Commission erred in the second of these two determinations. By way of a separate issue, the State contends that the Belchers' claim is barred by the four-year statute of repose. We affirm.
Court of Appeals
Rena Thompson vs. Charles Hensley E2003-00456-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Jerri S. Bryant
Rena Thompson ("Plaintiff") filed this lawsuit claiming her grandson, Charles Hensley, and his wife, Karen Hensley (collectively "Defendants"), breached an oral contract. Specifically, Plaintiff claims she conveyed her house and real property to Defendants in exchange for their oral promise to take care of her and allow her to remain living in the house with them. Plaintiff suffered a stroke and went to live with her son, Perrian Hensley ("Plaintiff's son" or "her son"). After living with her son for approximately one year, Plaintiff wanted to return to her house. When she was not allowed to return to her house, Plaintiff sued Defendants for specific performance. The Trial Court found there was no contract. Plaintiff appeals. We affirm.
Monroe
Court of Appeals
W2003-00001-COA-R3-CV W2003-00001-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Daniel L. Smith
The sole determinative issue on appeal is whether an agreement which mandates arbitration in the event of claims or disputes "arising out of or relating in any way to the relationship of the parties or this Agreement, or the breach thereof," requires arbitration of tort claims including acts arising after the parties' contractual relationship ended. We hold that arbitration of claims of tortious interference with contracts or business relations is required under the terms of the parties' agreement and reverse the judgment of the trial court.
This appeal arises from the Father's post-divorce petition to set child support and to terminate previously ordered alimony in futuro. From an adverse decision of the trial court denying child support and termination of the alimony obligation, Father appeals. We affirm the portions of the trial court's ruling regarding alimony and reverse the award of attorney's fees and denial of support.
Davidson
Court of Appeals
Beverly Wilson v. Thomas Wilson M2002-02286-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Steven A. Cassety
This appeal arises from an order of the trial court distributing 25% of the increase in value of the husband's business to the wife as marital property. We affirm.
Jackson
Court of Appeals
Jodell Dunkin v. David Dunkin M2002-01899-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Muriel Robinson
This is a post-divorce dispute concerning the custody of Kaylea Jodell Dunkin ("the child") (DOB: July 1, 1994), the child of these litigants. The non-custodial parent, David H. Dunkin ("Father"), filed a petition seeking to enjoin the child's mother, Jodell L. Dunkin ("Mother"), from relocating with the child to Montana. Following a hearing, the trial court found that there was no reasonable purpose for the proposed move and that the relocation would not be in the best interest of the child. The trial court then denied Mother's request to relocate. We affirm.
Davidson
Court of Appeals
Denicia Wills v. Russell Wills M2002-02167-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: C. L. Rogers
This case involves an appeal from an order of the trial court modifying the father's child support obligation and denying the father's request for change of custody. We affirm in part, reverse in part, and remand.
Sumner
Court of Appeals
In Re: Martha Blanks Maxwell M2002-01654-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Charles D. Haston, Sr.
The niece of an elderly woman who suffered a stroke, followed by memory loss and confusion, petitioned the court to be appointed as her aunt's conservator. The trial court granted the petition as well as the conservator's plan to have her aunt moved to an assisted living environment. There, the woman's condition improved, and the guardian ad litem moved the court to consider whether it was advisable to revoke the conservatorship and allow her to return to her own home. After a hearing, the court terminated the conservatorship. The former conservator appeals, and we affirm.
Warren
Court of Appeals
Armand Salvatore vs. Baron Corp. E2002-01978-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Daryl R. Fansler
Following the termination of his employment, Armand M. Salvatore sued two corporations and six limited partnerships, as well as Miles E. Cullom, Jr., who was a stockholder, director, and president of the corporations, and who was also a limited partner in each of the limited partnerships, for salary, fees, and commissions allegedly due him under the terms of a written employment agreement. He also sued the defendant Cullom for statutory treble damages in tort for interference with his employment contract. Following a bench trial, the court below held that Salvatore, at the time of his termination, was employed under a renewed one-year employment contract. Pursuant to this holding, the trial court awarded him the remainder of his base salary for the second year of his employment. Salvatore appeals, contending that the trial court erred when it failed to award him salary for two additional years, fees, commissions, and treble damages. The defendants, on the other hand, claim that Salvatore is not entitled to the salary awarded to him by the trial court. We modify the trial court's judgment to increase Salvatore's award by $20,500. As modified, the judgment is affirmed.
Knox
Court of Appeals
Betty Bryant vs. Roy Bryant E2002-02201-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: John D. Mcafee
In this divorce case, the trial court dissolved a marriage of over 36 years; divided the parties' marital property; and denied the request of Betty J. Bryant ("Wife") for attorney's fees. Wife appeals, arguing that the division of marital property is not equitable. Her argument is predicated primarily upon the assertion that her spouse, Roy C. Bryant ("Husband"), dissipated the marital assets as a result of his gambling activities. In addition, Wife contends that the trial court erred in refusing to award her attorney's fees. We affirm.
Claiborne
Court of Appeals
John Doe 1 v. Roman Catholic Diocese of Nashville M2001-01780-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Walter C. Kurtz
This appeal involves claims of intentional infliction of emotional distress through outrageous conduct. John Doe 1, his mother, and John Doe 2 seek to hold the Roman Catholic Diocese of Nashville liable for injuries caused by the alleged outrageous conduct of the Diocese in its dealings with Edward McKeown, a former priest, who sexually molested John Doe 1 and John Doe 2 a number of years after his affiliation with the Diocese ended. The trial court granted the Diocese's summary judgment motion, finding the Does had failed as a matter of law to satisfy the threshold requirements for stating a claim for the tort of outrageous conduct. The plaintiffs appeal that decision. Because we find the summary judgment motion was properly granted, we affirm the trial court.
Davidson
Court of Appeals
Trinity Industries v. McKinnon Bridge M2002-02713-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Irvin H. Kilcrease, Jr.
In this case, appellant-contractor for construction of a bridge entered into a contract with appellee-subcontractor for the fabrication and delivery of structural steel. By virtue of an indemnity clause in the contract, the trial court held the contractor liable to the subcontractor for the amounts expended by the subcontractor in settlement of a lawsuit filed against it and for the expenses incurred in the defense of the lawsuit. Contractor appeals. We affirm.
