In RE: Adoption of S.M.F.
This appeal involves the parental relationship between a three-year-old child and her biological father. Shortly after the child's birth in Ohio, her mother placed her for adoption with relatives residing in Tennessee. These relatives filed a petition in the Chancery Court for Rutherford County seeking to terminate the biological father's parental rights and to adopt the child. The biological father thereafter filed a petition to establish parentage. Following a bench trial, the trial court established the child's parentage and determined that the biological father had not abandoned the child. Accordingly, the trial court denied the adoptive parents' petition to terminate the biological father's parental rights and to adopt the child. Because it had reserved ruling on the custody and visitation arrangements, the trial court granted the adoptive parent's application for an interlocutory appeal pursuant to Tenn. R. App. P. 9. We concur that an interlocutory appeal is warranted in this case. We also concur with the trial court's conclusion that the adoptive parents failed to prove by clear and convincing evidence that the biological father abandoned his daughter. |
Rutherford | Court of Appeals | |
State of Tennessee, Department of Children's Services v. B.F., et al.
This parental termination case presents the Court with two issues: (1) whether a case manager can testify regarding facts about which she has no personal knowledge but which are documented in a case file not made an exhibit, and (2) whether the guardian ad litem of a minor child can testify as a witness. At the trial of this case, the State of Tennessee, Department of Children's Services presented only two witnesses: the case manager who had only been working on the file for six months and the child's guardian ad litem. The case manager had no firsthand knowledge of the facts except what she had read in the case file which was not present at the trial and not introduced into evidence. The defendant objected on the basis of hearsay and the trial court allowed the case manager to testify under the business records exception to the hearsay rule. The guardian ad litem testified concerning her investigation into the matter over the Defendant's objection. We hold that the case manager's testimony was hearsay and was not admissible under the business records exception to the hearsay rule. We hold that the guardian ad litem's testimony was not admissible pursuant to Tennessee Supreme Court Rule 40 which forbids such testimony. Because of the exclusion of the testimony of these witnesses, the trial court should have granted Defendant's motion for a directed verdict. Accordingly, we vacate the judgment of the trial court and remand to the Juvenile Court for Sevier County for a new trial. |
Sevier | Court of Appeals | |
Charles Fredrick Glanzman v. Joyce Bryant Glanzman
This is a divorce case. The husband appeals from the trial court’s divorce decree distributing the marital and separate property and awarding the wife alimony in futuro. We affirm. |
Shelby | Court of Appeals | |
Phillip Russell Lewis, et al., v. James Howard Bowen, et al.
The plaintiffs filed a complaint for repayment of borrowed money. The defendant, who was living in Ohio at the time, did not to respond to the complaint. The plaintiffs then filed a motion for default judgment, to which the defendant again failed to respond. After a hearing, the trial court granted the default judgment. The judgment was domesticated in Ohio, and substantial monthly garnishments were ordered from the defendant’s trust funds to satisfy the judgment. More than two years after the garnishments began, and almost three years after the default judgment was rendered, the defendant took his first step to contest the plaintiffs’ claim, by filing a motion for relief from judgment. The trial court denied the motion. We affirm the trial court. |
Rutherford | Court of Appeals | |
Amanda Construction, Inc. v. Charles L. White, et al.
This appeal involves a homeowner’s attempt to pierce the corporate veil to reach the shareholders of a construction company. During the course of the litigation, the construction company was administratively dissolved, and the homeowner filed a motion to join as defendants the shareholders, officers, and directors. The trial court granted judgment in favor of the homeowner against the construction company for breach of contract, but denied the homeowner’s motion to join the shareholders, officers, and directors. We affirm. |
Shelby | Court of Appeals | |
In Re: S.B.D.W., a minor child born, January 14, 1999
The trial court terminated parents’ rights based on abandonment. Father appeals. We affirm. |
Dyer | Court of Appeals | |
Anita J. Vedder v. North American Mortgage Co., et al.
This case involves a homeowner who defaulted on her home mortgage. After the holder of the note commenced foreclosure proceedings, the homeowner filed suit in the Circuit Court for Rutherford County asserting numerous claims against the original mortgagee, the subsequent purchasers of the note, and an executive employed by one of the subsequent purchasers. The trial court granted the defendants' motion to dismiss the homeowner's complaint for failure to state a claim upon which relief could be granted. The homeowner appealed and, while the appeal was pending, requested the trial court to vacate its earlier decision for lack of subject matter jurisdiction. The trial court denied the homeowner's motion. We now affirm both of the trial court's decisions. |
Rutherford | Court of Appeals | |
Gibraltar Taft Highway Limited Partnership v. The Town of Walden, et al.
Gibraltar Taft Highway Limited Partnership, through its general partner, The Raines Group ("the plaintiff"), filed an application with the Town of Walden's Board of Aldermen ("the Board"), seeking a permit to build a townhouse project on property located within Walden. The Board denied the plaintiff's application. The plaintiff then filed a petition for writ of certiorari in the trial court. Following a hearing, that court upheld the decision of the Board, finding that the Board had not acted illegally, arbitrarily, or capriciously in rejecting the application. The plaintiff appeals, contending that the trial court erred in its determination. We affirm. |
Hamilton | Court of Appeals | |
Jeffrey Scott West v. Sharon Ann West
Jeffrey Scott West (“Father”) filed a petition against his former wife, Sharon Ann West (“Mother”), seeking to modify the parties’ Permanent Parenting Plan, which plan had not required Mother to pay child support due to the fact she was unemployed. The trial court, finding that, since the entry of the parenting plan, Mother had had a two-year gross income of over $25,000, held that there had been a substantial and material change in circumstances justifying an order requiring that Mother pay child support of $290 per month. Mother appeals, arguing that the trial court erred in ordering her to pay child support and in the methodology used by the court in calculating child support. We affirm. |
Hamilton | Court of Appeals | |
Wilburn Lee Brown, Jr., v. State of Tennessee Department of Children's Services
This appeal involves allegations of sexual abuse brought against Wilburn Lee Brown, Jr., ("Petitioner") by his stepdaughter. After the allegations were investigated, DCS concluded there was substantial and material evidence to support the allegations and the report of abuse would be "validated" pursuant to Tenn. Comp. R. & Regs. 0250-7-9-.02. Because Petitioner was employed at a youth development center, he was notified that his employer would be informed that he was the indicated perpetrator in a "validated" report of child sexual abuse and that Petitioner was no longer allowed to have access to children. After exhausting his administrative appeals, Petitioner appealed to the Trial Court. The Trial Court concluded there was substantial and material evidence to support the allegations of abuse and affirmed. Petitioner appeals and we, likewise, affirm. |
Cumberland | Court of Appeals | |
Matthew Lawson, et al., v. Edgewater Hotels, Inc., et al.
Matthew Lawson, by his mother and next friend, Shirley Lawson, and Ms. Lawson, individually (collectively "the plaintiffs") brought an action for negligence against Edgewater Hotels, Inc., and Stokely Hospitality Properties, Inc. (collectively "the defendants"), alleging that Matthew sustained injuries as a consequence of swimming in the indoor pool at the defendants' hotel. According to the plaintiffs, Matthew sustained these injuries (1) due to the excessive amount of chlorine in the pool water and/or (2) because the defendants failed to properly ventilate the indoor portion of the pool. The defendants moved for summary judgment. The trial court granted the motion as to both of the plaintiffs' theories. The plaintiffs appeal. We affirm the trial court's judgment with respect to the plaintiffs' allegation that the defendants' pool contained excessive levels of chlorine. However, we vacate the trial court's judgment with respect to the allegation that the defendants' indoor pool was not properly ventilated. We hold that the defendants failed to meet their burden on summary judgment with respect to this claim. |
Sevier | Court of Appeals | |
Alan Gardner v. Anesthesia & Pain Consultants, P.C.
This appeal arises from the decision of Anesthesia & Pain Consultants, P.C. ("A&PC") to terminate the employment of Dr. Alan Gardner. After A&PC fired Dr. Gardner, he brought this action alleging breach of employment contract, fraudulent and negligent misrepresentation, promissory estoppel, and promissory fraud. The trial court granted A&PC summary judgment on the misrepresentation claims. At the close of Dr. Gardner's proof at trial, the trial court granted A&PC a directed verdict on his claims of breach of contract and promissory estoppel. The jury returned a verdict in favor of A&PC on the promissory fraud claim. We affirm the judgment of the trial court in all respects. |
Sullivan | Court of Appeals | |
Rhonda Elaine Bolick v. Ronald Dale Bolick
Husband appeals property settlement award to wife in divorce action. On appeal, we affirm. |
Hamilton | Court of Appeals | |
Jeannette Cutrer Day Siniard v. Mark Alan Siniard
In this post-divorce case, Jeannette Cutrer Day Siniard ("Mother") sought to modify the parties' residential schedule pertaining to their children. That schedule provided that Caroline Siniard and Wesley Siniard (collectively "the children") would alternate weeks between Mother's home and the home of their father, Mark Alan Siniard ("Father"). The trial court granted Mother's request in part by designating her as the primary residential parent of Caroline. In a subsequent order granting Mother child support, the trial court went further and designated Mother as the primary residential parent of both children. Father appeals, contending, among other things, that Mother failed to show a material change in circumstances warranting a modification of the residential schedule. We affirm. |
Hamilton | Court of Appeals | |
Latasha Whittington-Barrett v. Charles Sprinkle
The Chancery Court transferred this action to Circuit Court and plaintiff has appealed the transfer. We affirm. |
Johnson | Court of Appeals | |
Tracy D. Simpson Kries, v. Tomothy Maurice Kries
The Trial Court awarded child support from birth of the child to marriage of the parties, subsequent to their divorce. The father appealed. We affirm. |
Morgan | Court of Appeals | |
Mechelle R. Elosiebo v. State of Tennessee
The Commissioner found defendant's physician breached the standard of care in the treatment of plaintiff, but refused to award damages. On appeal, we affirm Commissioner's finding of breach, but award damages and remand to enter Judgment. |
Court of Appeals | ||
Jerry Bales v. Dialysis Clinic, Inc.
Action alleged retaliatory discharge for filing workers compensation claim. Employer defended termination on grounds employee was unable to perform his job due to disability. The Trial Court granted defendant summary judgment. We affirm. |
Hamilton | Court of Appeals | |
Fred Simmons Trucking, Inc., v. United States Fidelity and Guaranty Company, and its successors in interest, Hartford Fire Insurance, Co.
In this breach of contract action based on a policy of insurance, the Trial Court determined defendant had breached the contract and awarded compensatory damages, as well as punitive damages. On appeal, we reverse in part, affirm in part, vacate and remand. |
Hamilton | Court of Appeals | |
William Eugene Jessup v. Marcia J. Tague
In this dispute between attorney and client, a jury awarded the client damages against the attorney which award was approved by the Trial Court. On appeal, we affirm. |
Hamilton | Court of Appeals | |
Ellen Hopson Bell v. William Hall Bell
The matter now before us finds its genesis in a divorce action brought by Ellen Hopson Bell ("Wife") against her husband, William Hall Bell ("Husband"). In her complaint for divorce, Wife sought, inter alia, reasonable attorney's fees. She renewed her request for fees at the conclusion of the divorce trial. Without conducting a hearing, the trial court ordered Husband to pay Wife $5,000, representing one half of her reasonable legal expenses incurred in the divorce. Husband appealed. We subsequently vacated the trial court's judgment, remanding the matter to the trial court for a hearing on the issue of Wife's entitlement to a fee award. The trial court conducted a hearing and subsequently ordered Husband to pay Wife $5,250 as an allowance on her legal expenses. Husband appeals. We affirm and hold that Wife is entitled to her fees and expenses incurred on appeal. |
Greene | Court of Appeals | |
Susan Simmons, et al., v. State Farm General Insurance Company, et al.
Homeowner’s insurance policyholders filed a complaint against an insurance carrier seeking benefits under policy and a declaratory judgment that policy language was ambiguous. Homeowners filed a motion seeking certification as a class action. The insurance carrier filed a motion for summary judgment, asserting that plaintiff Beckwith’s claim for benefits was time barred and plaintiff Simmons’s claim was non-justiciable. The insurance carrier filed separate motions to stay discovery and defer the class certification hearing until after the hearing on the motion for summary judgment, which the trial court granted. The trial court granted the insurance carrier summary judgment against all plaintiffs, thereby disposing of the class certification issue. Homeowners appeal from the order granting summary judgment. We affirm. |
Shelby | Court of Appeals | |
Charles Nicholas Griffith v. Jessica Lynn Griffith
The sole issue before the court in this protracted domestic relations litigation is the finding by the trial court that Appellant was in criminal contempt for failure to make mortgage and tax payments on the marital residence. Appellant asserts on appeal that the trial court did not set a specific deadline for payment and that the uncontested proof shows that Appellant lacked the ability to pay when the debt became due. We reverse the trial court action finding that the evidence does not establish beyond a reasonable doubt that Appellant had the ability to pay. |
Humphreys | Court of Appeals | |
Randel P. Carlton, et al. v. Mark L. Williams, et al.
Randel P. Carlton, and Julie S. Carlton ("Plaintiffs") purchased a house from Mark L. Williams and Sandra Kay Williams ("Defendants"). Plaintiffs later sued Defendants claiming, among other things, that Defendants knew and failed to disclose that the swimming pool was not in good working order and that the swimming pool encroached onto a sewer easement and neighboring property. Plaintiffs also claimed that Defendants had warranted that all fixtures, including the swimming pool, were free of liens and encumbrances and had breached this warranty. The case was tried on the issue of whether Defendants had warranted that all fixtures, including the pool, were free of liens and encumbrances. The Trial Court found and held, inter alia, that the paragraph of the sales contract relied upon by Plaintiffs contained no warranty and that the owner's affidavit also contained no warranty because it merged into the deed at closing. The Trial Court dismissed the case against Defendants. Plaintiffs appeal. We affirm, in part, reverse, in part, and remand for further proceedings. |
Bradley | Court of Appeals | |
City of Elizabethton, Tennessee, v. North American Fibers, Inc. et al.
This appeal arises out of a cause of action filed by a municipality against a corporate landowner for breach of a sewer easement which the municipality purchased as a path for its underground sewer line. The municipality alleged that after construction of the sewer line, the landowner's long- standing practice of depositing fly ash and cinders over the area of the easement rendered the line inaccessible and necessitated the construction of an alternate sewage system for which the municipality requested compensation. The municipality also sought to hold the landowner's president and chief executive officer liable as the alter ego of the landowner. The trial court decreed that the landowner had unreasonably burdened the easement, awarded the municipality compensatory damages, and decreed that although the landowner's president was an alter ego of the landowner, he was not personally liable. On appeal the landowner argues that the municipality's cause of action was barred under the statute of limitations and equitable doctrines of estoppel and laches, that under the rule of practical construction the easement allowed the landowner to dump material over the sewer line, that the trial court erred in its award of damages, and that the court erred in refusing to strike findings with respect to the landowner's president. We affirm the judgment of the trial court as rendered and remand. |
Carter | Court of Appeals |
