Ronald Moore v. Averitt Express M2001-02502-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Thomas W. Brothers
Plaintiff was a former state employee and newly hired employee of Averitt when he was terminated by Averitt due to statements he made alleging illegal conduct of state officials. Plaintiff made the statements to the press prior to being hired by Averitt. Plaintiff filed suit alleging statutory and common law retaliatory discharge. The trial court dismissed the action. We affirm.
Davidson
Court of Appeals
John Hessmer v. Rosa Hessmer M2002-01024-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Clara W. Byrd
This appeal involves a state prisoner who is seeking a divorce from his wife. The prisoner filed a pro se divorce complaint in the Circuit Court for Wilson County. After the prisoner failed to obtain service on his wife, the trial court dismissed his complaint for failure to prosecute. On this appeal, the prisoner takes issue with the dismissal of his complaint because the trial court clerk failed to comply with a local court rule regarding notice before dismissing a complaint for failure to prosecute. Even though the trial court clerk may have failed to comply with the local rule, we have determined that the trial court did not err by dismissing the prisoner's divorce complaint for failure to prosecute.
Wilson
Court of Appeals
Urology Associates v. Cigna Healthcare M2001-02252-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Ellen Hobbs Lyle
This case involves the interpretation of an arbitration agreement. The plaintiff physicians' group provided medical services to individuals who were insured by the defendant insurance company. Disputes arose regarding the insurance company's payment to the physicians' group for those medical services. Consequently, the physicians' group filed this lawsuit against the insurance company. Pursuant to the parties' contract, the insurance company moved to dismiss or to stay the proceedings and to compel arbitration. The contract contained a dispute resolution provision which stated, in part, that disputes arising between the parties "shall be submitted either to a dispute resolution entity, or to a single arbitrator selected by the American Arbitration Association, as the parties shall agree." The trial court denied the insurance company's motion to compel arbitration, determining that the dispute resolution provision "neither explicitly nor clearly" required the parties to arbitrate, and that the provision was "too vague, imprecise and impractical" to be enforced. The insurance company now appeals. We reverse, concluding that the provision at issue requires the parties to submit their disputes to a third party for binding resolution and, thus, constitutes a valid, enforceable agreement to arbitrate.
Davidson
Court of Appeals
State, ex rel Mary Clark v. Vernon Wilson M2001-01626-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Carol L. Soloman
The State of Tennessee, ex rel. Mary E. Clark appeals the final order of the trial court awarding retroactive child support from the date DNA test results established the appellee as the father of the child in question, instead of from the date of the parties' separation by divorce decree entered almost six years earlier. We find that the trial court incorrectly ordered retroactive child support from a date other than the date of the parties' separation and failed to make the required written findings to support a deviation from the guideline amount in its award of retroactive child support. Therefore, we vacate the trial court's decision and remand for further proceedings consistent with this opinion.
Davidson
Court of Appeals
Leslie Moore v. James DeVault M2001-02225-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Ellen Hobbs Lyle
Landowners sought declaratory judgment against neighboring landowners to terminate an easement over their property. The trial court granted summary judgment to the neighbors holding that the easement was an express easement appurtenant, that necessity was not a required element, and that mere nonuse was insufficient to establish abandonment of the easement. We agree with the trial court and affirm.
Davidson
Court of Appeals
Lee Kraft, Executor for Ms. Helen Bergida v. Ezo-Goten M2001-03137-COA-R3-CV
Authoring Judge: Judge John A. Turnbull
Trial Court Judge: Walter C. Kurtz
Personal representative of deceased patron brought this premises liability suit against restaurant owner/occupier alleging that patron tripped and fell from dangerous top step of front stairs to restaurant. On defendant's motion for summary judgment, the trial judge accorded no weight to the opinion of plaintiff's expert architect, ruled that there was no proof of causation, and granted summary judgment. We find that a reasonable juror could conclude from the circumstantial evidence in the record that patron fell due to tripping on the dangerous top step. Because the circumstantial evidence creates a dispute as to a genuine issue of material fact, we hold that summary judgment was inappropriate, reverse the trial court, and remand the case.
Davidson
Court of Appeals
J.C. Bradford v. Douglas Kitchen M2002-00576-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Ellen Hobbs Lyle
The principal issue in this case is whether the defendant, a member or partner of J.C. Bradford, Inc., waived his right to the arbitration of his claim for damages against the defendants allegedly resulting from various machinations involving fraud and deceit and the violation of Federal and State Securities Laws, by joining a plaintiff class in an action for damages in the U.S. District Court which was voluntarily dismissed after pending four months. The Chancellor held that the defendant filed the District Court action with full knowledge of the facts and thus made an election of remedies, thereby waiving his right of arbitration. We disagree, and reverse the judgment granting an injunction against arbitration.
Eilene Copenhagen v. Roger Copenhagen M2002-00217-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Muriel Robinson
Appellant, former wife of Appellee, filed a Petition seeking to convert alleged rehabilitative alimony into permanent alimony in futuro and requesting certain other relief, including all accrued and vested benefits in her former husband's retirement plan. The trial court dismissed the Petition in its entirety holding the alimony previously awarded to be alimony in solido. We reverse the finding as to the character of the alimony previously awarded and affirm as to all other relief sought. The case is remanded to the trial court for further proceedings.
Davidson
Court of Appeals
Jenny Parrott v. John Abraham M2001-02938-COA-R3-JV
Authoring Judge: Judge William B. Cain
Trial Court Judge: L. Raymond Grimes
Appellant/Father appeals dismissal of his petition seeking to be named residential custodian of his minor child. The trial court found that Tennessee was not the "home" state of the child under Tennessee Code Annotated section 36-6-216 and dismissed the case for lack of subject matter jurisdiction. We reverse.
Thomas Dyer has filed a respectful and timely Petition to Rehear. He states that our opinion mistakenly asserted that he failed to petition the Department for a Declaratory Order. Upon further examination of the record, we are obligated to conclude that he is correct. The record shows that he indeed filed a Petition for Declaratory Order, and that the petition was denied. Thus, we were mistaken to conclude that we lacked jurisdiction to consider his Petition for a Declaratory Judgment under the UAPA.
This dispute arises out of a personal guaranty executed by the defendants securing a loan. Following a trial by jury, the court below awarded the plaintiff $68,330 in damages plus attorney's fees and costs. On appeal, the defendants contend that the court below erred in applying the parol evidence rule to evidence which would show mistake and in not permitting the defendants to amend their answer. We reverse the judgment entered below and remand for a new trial.
Davidson
Court of Appeals
Dept. of Children's Srvcs vs. T.M.K. E2000-02840-COA-R3-JV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: John B. Hagler, Jr.
The State of Tennessee, through the Department of Children's Services, seeks to terminate the parental rights of T.M.K. and G.L.K., as to their children, E.K. (d.o.b. 1/3/88), C.K. (d.o.b. 1/17/90), and twin daughters, A.K. and E.K. (d.o.b. 5/4/92). The Trial Court found the State had carried the burden of proof by clear and convincing evidence as to grounds for termination, as well as the best interest of the children. We affirm.
Bradley
Court of Appeals
Floyd Woody vs. Joy Woody E2001-02078-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Thomas R. Frierson, II
In this case from the Chancery Court of Hamblen County the Appellant, Floyd Michael Woody contends that the Trial Court erred in amending a final judgment for divorce to include one half of his pension fund as part of the marital property to be awarded the Appellee, Joy Darlene Woody. The judgment of the Trial Court is affirmed as modified.
Hamblen
Court of Appeals
William Duty vs. Joseph Daugherty E2001-02861-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Billy Joe White
In this boundary line dispute, the Trial Court established the boundary line between the parties' properties based on testimony that prior owners had agreed on the location of the boundary, which altered the boundary established by an accurate survey. We reverse.
Scott
Court of Appeals
State vs. Steven Arrington E2002-00249-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: James E. Beckner
In this case from the Greene County Criminal Court the Appellant, Steven Keith Arrington, a juvenile, contends that there was insufficient evidence to support the jury's finding that he was guilty of aggravated kidnaping. Mr. Arrington also asserts that, assuming his conviction was proper, the Trial Court erred in failing to sentence him to an indeterminate commitment. We affirm the judgment of the Trial Court and remand.
Greene
Court of Appeals
The Oceanics Schools vs. Clifford Barbour, Jr. E2002-00181-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Sharon J. Bell
This matter is before us on the petition of the plaintiff for a rehearing pursuant to Tenn. R. App. P. 39.
Knox
Court of Appeals
Alvin Mays vs. Helen Mays E2001-02630-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Thomas R. Frierson, II
In post-divorce action, the Trial Court changed from the mother to the father, the role as primary custodian of the minor child. On appeal, we affirm.
Hawkins
Court of Appeals
Billy Allan Braswell, et ux vs. AC and S, Inc., et al E2002-00093-COA-R9-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Wheeler A. Rosenbalm
The trial court allowed plaintiff to add seller as party to products liability action more than one year after injury and denied seller summary judgment on defense of the statute of limitations. We affirm.
Knox
Court of Appeals
Larry Parrish vs. Robert Marquis E2002-01131-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Dale C. Workman
In this appeal from the Circuit Court for Knox County the Appellants, Larry E. Parrish and Larry E. Parrish, P.C., contend that the Trial Court erred in dismissing their cause of action upon grounds that it was not timely filed under T.C.A. 28-1-105(a). We affirm the judgment of the Trial Court.
Knox
Court of Appeals
Larry Parrish vs. Robert Marquis E2004-00875-COA-RM-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Dale C. Workman
In this malicious prosecution case the Appellants, Larry E. Parrish and Larry E. Parrish, P.C., contend that the Knox County Circuit Court erred in granting motions for summary judgment filed by the Appellees, Robert S. Marquis and Ronald C. Koksal. We reverse the Circuit Court's judgment of dismissal as to Mr. Koksal and we affirm the Circuit Court's judgment of dismissal as to Mr. Marquis on alternative grounds.
Knox
Court of Appeals
Kelso Oil vs. East West Truck Stop E2001-02090-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Sharon J. Bell
This main issue in this appeal involves an Unconditional Guaranty signed by Frank Webb ("Webb"), the president and owner of East West Truck Stop, Inc. In this document, Webb guaranteed the debt of the "buyer", which was identified as "Frank Webb d/b/a East West Truck Stop." The "buyer", however, was the corporate entity, East West Truck Stop, Inc. The Trial Court concluded the parties intended for the document to state the "buyer" was the corporate entity and entered judgment against Webb personally. Webb appeals, claiming the Trial Court improperly used parol evidence to supply an essential term of the Unconditional Guaranty (i.e. the identity of the "buyer") in violation of the Statute of Frauds. We affirm.
Knox
Court of Appeals
State ex Rel. Dorothy Phillips vs. James Phillips E2001-02081-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Billy Joe White
This is a post-divorce case involving child support issues. James Daniel Phillips ("Father") appeals the order below, in which the trial court held that it lacked the authority to reduce the child support arrearage due Father's former spouse, Dorothy Ellen Phillips ("Mother"). Father argued below that he had recently discovered that one of his "children" is not actually his biological child. He contends that this entitles him to the requested relief. Father further challenges the trial court's refusal to declare his 1990 divorce judgment invalid on the ground that it was not signed by Father who was then proceeding pro se. We affirm.
Scott
Court of Appeals
Steven Belford vs. J & J Plastering E2001-02575-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Jacqueline E. Schulten
Steven R. Belford (Plaintiff") sued Danny W. Cox ("Cox") and J & J Plastering, Inc., ("Company") after he was rear-ended by a vehicle owned by the Company and driven by Cox. The jury returned a verdict for $9,000 in favor of Plaintiff. Plaintiff appealed to this Court without first filing a motion for new trial. Plaintiff raises four issues on appeal, all of which center around the exclusion or admission of evidence at trial. Because Plaintiff did not raise these issues in a motion for new trial, we deem them to be waived and dismiss this appeal.
