Brian Elkins vs. Rex Berry & William Bolin W2000-01143-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Julian P. Guinn
This case involves the right to a trial by jury. The plaintiff sued the defendants for injuries he sustained in an automobile collision that was allegedly caused by the defendants' negligence. In the plaintiff's complaint, he demanded a jury trial. The defendants also demanded a jury trial in their answers. On the eve of trial, unbeknownst to the defendants, the plaintiff withdrew his jury demand. On the morning of trial, the defendants appeared but were unrepresented by counsel. The trial court proceeded with a bench trial, and entered a judgment in favor of the plaintiff. The defendants now appeal, claiming, inter alia, that they were denied their right to a jury trial. We affirm, finding that the defendants' participation in the bench trial, without objection, constituted a waiver of their right to a jury trial under Rules 38.05 and 39.01 of the Tennessee Rules of Civil Procedure.
Carroll
Court of Appeals
Paul Holmes vs. Christy Holmes W2000-01759-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Joe C. Morris
This is an appeal from a final decree of absolute divorce in which custody of the parties' minor son was given to the father for the school year and to the mother during the summer months when regular school is not in session. We affirm.
Chester
Court of Appeals
Leslie Crossett vs. Roy Fuller W2000-02482-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Ron E. Harmon
This is an appeal from a boundary dispute. The property in dispute is a roadway used by both parties to access their properties. The trial court determined the common boundary line, provided the Crossetts with an easement for ingress and egress, and awarded the Fullers their costs. The Crossetts appeal. We affirm.
Carroll
Court of Appeals
Karen Roth vs. Richard Roth M1998-00911-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Thomas Goodall
This appeal involves the dissolution of a sixteen-year marriage. The wife filed suit in the Circuit Court for Sumner County seeking a divorce and custody of the parties' three children. The husband did not contest the divorce but requested custody of the parties' two older children. Following a bench trial, the trial court awarded the wife a divorce on the ground of adultery and granted her custody of the children. On this appeal, the husband takes issue with the trial court's valuation of marital property, the allocation of marital debt, and the award of long-term spousal support. We have concluded that the trial court's decisions regarding the valuation of the marital property should be modified but that the remainder of the judgment should be affirmed.
Sumner
Court of Appeals
George Scott vs. Linda Scott M1999-00322-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Muriel Robinson
This appeal involves a post-divorce dispute over child support. Fifteen months after the parties were divorced in the Circuit Court for Davidson County, the custodial spouse petitioned the trial court to increase the noncustodial spouse's child support obligation because he was voluntarily underemployed and to hold the noncustodial spouse in criminal contempt. After being threatened with Tenn. R. Civ. P. 11 sanctions, the custodial spouse abandoned her criminal contempt allegations. Following a hearing, the trial court found that the noncustodial spouse was not voluntarily underemployed but increased his child support prospectively because of an anticipated increase in his income. On this appeal, the custodial parent takes issue with the trial court's refusal to find that the noncustodial parent was voluntarily underemployed, to make the increased child support retroactive to the date of her petition, and to award her only a portion of her legal expenses. We affirm the trial court and further find that the custodial spouse is not entitled to an additional award for the legal expenses she has incurred on this appeal.
Davidson
Court of Appeals
Patsy (Stiles) Templeton vs. Jeffrey Stiles M1999-02388-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Charles D. Haston, Sr.
This appeal arises from a hearing in the Circuit Court of Warren County wherein the court divided the property of the Appellant and the Appellee following their divorce. In relevant part, the trial court awarded all the guns and retirement accounts to the Appellee and refused to hear the Appellant's testimony concerning improvements made to the real estate. The Appellant appeals from the order of the Circuit Court of Warren County, dividing the property of the Appellant and the Appellee. For the reasons stated herein, we affirm in part and reverse in part the trial court's decision.
Warren
Court of Appeals
Jerry Thomas Ricks vs. Dept. of Correction M1999-01916-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Ellen Hobbs Lyle
This case arises from the commutation of the Appellant's prison sentence from eighty-five years imprisonment to forty years. The Appellant's commutation was revoked after he was arrested on misdemeanor charges. The revocation occurred following the expiration of the term of the commuted sentence but within the term of the original sentence. The Appellant filed a petition for declaratory judgment with the Chancery Court of Davidson County, claiming that the Appellee failed to correctly calculate his sentence expiration date. The trial court dismissed the Appellee's petition.
Davidson
Court of Appeals
M1999-02801-COA-R12-CV M1999-02801-COA-R12-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Court of Appeals
Suzanne Gibson vs. James Prokell W2000-01236-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Walter L. Evans
Shelby
Court of Appeals
Suzanne Gibson vs. James Prokell W2000-01236-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Walter L. Evans
Shelby
Court of Appeals
Cary Whitehead/Homer Bunker vs. Jim Rout W2000-01239-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: D. J. Alissandratos
This appeal involves a dispute over the sale of a tract of land to Shelby County for a road project. The trial court granted summary judgment to Shelby County. For the following reasons, we affirm.
Shelby
Court of Appeals
Jodie Willis vs. Alan Willis W2000-01613-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: J. Steven Stafford
Father petitioned the court for a reduction in his child support obligation based upon a significant variance between his former salary and his current salary. The trial court determined Father to be voluntarily underemployed. The trial court imputed Father's base salary as potential income but did not impute Father's overtime pay. As a result, the trial court reduced Father's child support obligation by ten dollars per week. We affirm the trial court's determination that Father was voluntarily underemployed; however, we reverse and remand the trial court's determination of Father's potential income.
Dyer
Court of Appeals
Glenna Fink vs. Richard Fink E2000-02468-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Telford E. Forgerty, Jr.
Glenna C. Fink ("Wife") filed a Complaint for Divorce against Richard H. Fink ("Husband") on the grounds of inappropriate marital conduct and irreconcilable differences. Husband filed an Answer and Counter-Complaint seeking a divorce on the same grounds. The Trial Court awarded the divorce to Wife and dismissed Husband's Counter-Complaint. The parties agreed to the sale of the marital residence, and the Trial Court awarded Wife $14,000.00 in attorney's fees out of the sale of the proceeds, with the remaining proceeds from the sale to be split 55% to Wife and 45% to Husband. Wife was awarded the full interest in her retirement/disability benefits. The Trial Court also determined that certain sums which Husband claimed were marital property were actually a gift to the parties' minor daughter and the daughter was, therefore, entitled to keep these funds. The Trial Court further awarded Wife $450.00 per month as alimony in futuro. Husband filed a Motion pursuant to Rules 59.02 and 59.04 of the Tenn. R. Civ. P. challenging these determinations. The Trial Court denied Husband's motion, and Husband appeals. We affirm, award Wife attorney's fees incident to this appeal, and remand this matter to the Trial Court for a determination of the amount of reasonable attorney's fees incurred by Wife on appeal.
Knox
Court of Appeals
Judy Hall Travis vs. Kenneth D. Travis, Jr. E2000-01043-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Thomas R. Frierson, II
This appeal from the Hamblen County Chancery Court questions whether the Trial Court erred in finding that a portion of the value of the marital residence is the separate property of the Appellee, Kenneth D. Travis, Jr.,and whether the Trial Court abused its discretion by allowing Mr. Travis to claim the parties' minor children as dependents for federal income tax purposes, by failing to award the parties joint custody of their minor children, and in setting Mr. Travis's visitation schedule. We reverse in part, affirm in part and remand for further proceedings, if any, consistent with this opinion. We adjudge costs of the appeal against Judy Hall Travis and Kenneth D. Travis, Jr. equally.
Hamblen
Court of Appeals
Walter Hanselman, Jr. vs. Linda Hanselman M1998-00919-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Donald P. Harris
This appeal involves a father's effort to reduce his child support and spousal support obligations. Approximately one year after the parties were divorced, the father filed a petition in the Hickman County Chancery Court seeking a downward modification of his support obligations because his income had declined due to his employer's cutbacks in the availability of overtime work. Following a bench trial, the trial court denied the father's petition because he had failed to establish a significant variance in his child support obligations and because he had failed to demonstrate that a substantial and material change in the parties' circumstances warranting a reduction in spousal support had occurred. We agree with the trial court's findings and affirm the judgment.
Patricia Baker vs. Tiffany Hooper, et al E2000-01615-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Russell E. Simmons, Jr.
Plaintiff appeals the Court's modification of her non-competition agreement with defendants and the amount of damages awarded, as well as the Court's refusal to recuse. We affirm.
McMinn
Court of Appeals
Lavonda Cable vs. Lowe's of Johnson City, Inc. E2000-01075-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: G. Richard Johnson
Lowe's of Johnson City, Inc., filed a Rule 60 motion seeking to set aside a default judgment rendered against it on the grounds of mistake, inadvertence or excusable neglect. The Trial Court overruled the motion and Lowe's appeals. We affirm.
Washington
Court of Appeals
Millisa Martinez, Ind., & Ex Rel Aaron Chavez, et al vs. Charles Martinez, et al E2000-01990-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: W. Dale Young
This case presents a question of first impression. We are asked to decide whether, and, if so, under what circumstances, a driver who motions to another driver intending to turn left in front of the signaling driver can be assigned fault in the event of a resulting accident. In the instant case, the trial court granted the signaling driver summary judgment, finding on the facts before it that there could be no liability. We find that summary judgment is not appropriate and accordingly vacate the trial court's judgment and remand for further proceedings.
Blount
Court of Appeals
In the Matter of Ray Allen Smith E2000-00321-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Frank V. Williams, III
This is a suit by an inmate to have his last name changed to that of his mother's maiden name. Upon the incarcerated Petitioner not appearing when the case was called for trial, it was dismissed. We vacate and remand.
Morgan
Court of Appeals
Daniel Taylor v. Donal Campbell, et al. M2000-02843-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Hamilton V. Gayden, Jr.
On July 3, 2000, Appellant filed his civil complaint based upon punishment imposed for a disciplinary infraction while a prisoner at Turney Center in Only, Tennessee. On July 18, 2000, the trial judge, sua sponte, dismissed the complaint, and this appeal followed. We affirm the trial court.
Davidson
Court of Appeals
Dr. Robert Emans v. Board of Regents M2000-02187-COA-R3-CV
Authoring Judge: Per Curiam
The Claimant was appointed Dean of the College of Education of Tennessee State University in 1990, evidenced by a Notice of Appointment and Agreement of Employment. Four years later, he was terminated as Dean, and appointed to the tenured position of Professor, at a lesser salary. In this action he sought damages for breach of contract, inter alia. The Commission ruled that the Claimant, although lawfully terminated as Dean, was nevertheless entitled to receive the salary of a deanship.
Court of Appeals
Michael Martin vs. Roderick Scott, et al M2000-02330-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Irvin H. Kilcrease, Jr.
Michael D. Martin, an incarcerated state prisoner, filed a Petition for Writ of Certiorari challenging a prison disciplinary proceeding whereby he was convicted by the Prison Disciplinary Board of burglary and sentenced to ten days punitive segregation and a $4.00 fine. The Chancellor dismissed the petition and we affirm the Chancellor.
Davidson
Court of Appeals
Arthur Armstrong, a/k/a Haki Al-Bey vs. Dept. of Correction, et al M2000-02328-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen Hobbs Lyle
An inmate who was found guilty of three disciplinary infractions challenged those convictions by filing a Petition for Writ of Certiorari. The trial court dismissed the Petition. We affirm the trial court.
Davidson
Court of Appeals
David Britt vs. Donal Campbell, et al M2000-01423-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen H. Lyle
A prison inmate escaped from custody and was recaptured. After a disciplinary hearing, the Department of Correction extended his Release Eligibility Date so that he would have to serve an additional 20% of his sentence before being considered for parole. The prisoner filed a Petition for Declaratory Judgment, contending that the Department's action violated statutory and constitutional law. The trial court dismissed the Petition. We affirm.
