Dpt. of Child. Services vs. DLSJ E2002-00241-COA-R3-JV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Carey E. Garrett
The Trial Court on petition of the Department, terminated the mother's parental rights to the child. On appeal, we affirm.
Knox
Court of Appeals
Sherman Henderson v. Charles Traughber M2002-02358-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Carol L. Mccoy
Plaintiff denied parole by the Board of Probation and Parole filed appeal with Chancery Court which was denied. On appeal, we affirm.
Davidson
Court of Appeals
State ex rel Moore & Assoc. v. Terrence Cobb M2002-00504-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Irvin H. Kilcrease, Jr.
This is an appeal of a denial of a writ of mandamus. Moore & Associates requested the lower court to require the Department of Codes Administration to issue an occupancy permit for the Hilton Garden Inn pursuant to the Metropolitan Code, Title 16, Chapter 36, Section 020(A). The Department of Codes Administration refused to issue the occupancy permit for the building because it felt that the landscape buffer yard did not comply with plans submitted. The trial court agreed with the Department and found that the term "building" includes the landscape buffer yard. For the following reasons, we reverse.
Patricia Conley v. State M2002-00813-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
This is an appeal from the Claims Commission. The Claims Commissioner dismissed both claims alleged by Ms. Conley on the motion of the State. Additionally, the Claims Commissioner found that the State is not a governmental entity for the purposes of Tennessee Code Annotated section 20-1-119(g). For the following reasons, we reverse and remand.
Court of Appeals
Cynthia Barnett v. Barbara Behringer M1999-01421-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ellen Hobbs Lyle
This appeal involves a dispute between the owners of units in a duplex arising out of the plans of one owner's tenants to build a free-standing storage building on her lot. The owner who opposed the storage building filed suit in the Chancery Court for Davidson County seeking an injunction against violating restrictive covenants and zoning regulations, as well as damages for trespass. The trial court granted the defendant owner's and tenants' motion for summary judgment and dismissed the complaint. On this appeal, the owner who objected to the storage building asserts that material factual disputes should have prevented the trial court from granting the summary judgment and that her neighbor and her neighbor's tenants had not demonstrated that they were entitled to a judgment as a matter of law. We have determined, as a matter of law, that the proposed storage building does not violate the restrictive covenants or applicable zoning regulations and that the plaintiff is not entitled to injunctive relief. Accordingly, we affirm the summary judgment dismissing the complaint.
Davidson
Court of Appeals
Bob Kielbasa, et al v. B & H Rentals M2002-00129-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: John D. Wootten, Jr.
Plaintiffs appeal from the action of the trial court dismissing their Complaint for Declaratory Judgment on the basis that it is barred by the statute of limitations. A previous Petition for Writ of Certiorari under Tennessee Code Annotated section 27-9-101 had been dismissed by the Chancery Court of Wilson County because it was filed after the limitation period provided by Tennessee Code Annotated section 27-9-102 had expired. That dismissal was upheld on appeal and this suit for declaratory judgment followed. The trial court correctly dismissed the complaint because of the expiration of the statute of limitations.
Wilson
Court of Appeals
Joseph Houston vs. Charles Mounger E2002-00779-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Frank V. Williams, III
After judgment was entered, certain inaccuracies, deemed to be clerical errors in an engineering survey of extensive properties, were discovered which were resolved by the trial court following hearings, and the judgment was corrected or amended over the appellant's objections. This appeal followed, but no transcript of the proceedings was filed, and the appellant's purported Statement of the Evidence did not receive the approbation of the Chancellor. Consequently, the appellant court must assume that the evidence was sufficient to support the judgment, and the appeal is dismissed.
Roane
Court of Appeals
Chattanooga-Hamilton County Hospital Authority vs. Ade Oni, M.D. E2002-01758-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Jacqueline E. Schulten
Action on lease and trial court awarded judgment for rent and expenses. On appeal, we affirm as modified.
Hamilton
Court of Appeals
In Re: Estate of Donald Lee Keith E2002-02056-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Jeffrey F. Stewart
This is a will contest. Freddie A. Johnson and wife, Marie Johnson ("the grandparents"), filed a petition to probate the holographic will of their grandson, Donald Lee (D.J.) Keith, Jr. ("the decedent"). The decedent's widow, Alexis Keith ("the wife"), and his minor daughter, Kassce Mae-Kyle Keith ("the minor child"), contested the alleged will, arguing that it did not constitute a valid holographic will. The trial court granted the motion for summary judgment filed by the wife and the minor child, holding that the document under contest was not a last will and testament. The grandparents appeal, contending that summary judgment is not appropriate. We vacate the trial court's judgment and remand for further proceedings.
Bledsoe
Court of Appeals
Glenn Basham v. Henry Tillaart M2002-00723-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Jeffrey F. Stewart
The plaintiff, Glenn Basham, doing business as Glenn Basham Nursery, sued Henry Tillaart and Martin Tillaart ("the individual defendants"), who are identified in the complaint as Ontario, Canada businessmen, for monies due as a result of a commercial sale of nursery stock. The style of the complaint refers to the trade name of the individual defendants as "Dutchmaster Nurseries." Over six years later, the plaintiff moved the trial court to substitute a Canadian corporation, i.e., "Dutchmaster Nurseries, Ltd.," for the individual defendants. The individual defendants moved to dismiss the complaint for "insufficiency of service of process." They also claimed that the plaintiff's cause of action was barred by the statute of limitation. The trial court denied the motion to amend. It granted the motion to dismiss the complaint. The plaintiff appeals, arguing that the motion to dismiss should have been denied and that he should have been permitted to amend his complaint to name the correct defendant. We affirm.
Grundy
Court of Appeals
Gwendolyn Jackson vs. Zodie Hamilton W2000-01992-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Rita L. Stotts
This action arises out of an automobile accident, and Plaintiffs' claimed damages of lost wages, loss of consortium, medical expenses, and pain and suffering. The case was tried before a jury, who found in favor of the Plaintiffs and awarded one of the Plaintiffs $600. Plaintiffs appeal the verdict, and this Court reverses and remands the case for a new trial.
Shelby
Court of Appeals
In Re: Estate of Flora King vs. John B. Oakley E2002-01745-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Richard R. Vance
In this will contest, the Trial Court granted the Executor summary judgment upholding the Will. On appeal, we affirm.
Thomas Bronson vs. Horace Umphries vs. Norfolk Railway W2002-01260-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: John R. Mccarroll, Jr.
This appeal is from judgments on jury verdicts in a wrongful death case and personal injury cases resulting from a collision of a freight train with a vehicle. Suits were filed for the wrongful death and personal injury claims against the railroad, and the passengers in the vehicle also sued the owner and driver of the vehicle. The cases were consolidated for trial, and the jury returned a verdict for defendant railroad in all cases. The jury also returned a verdict awarding damages for plaintiffs' in their suit against the driver and owner of the vehicle. Judgments were entered on the jury verdicts, and all plaintiffs appealed. We affirm.
Shelby
Court of Appeals
Kathleen Earley vs. Robert Earley W2002-01354-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: John R. Mccarroll, Jr.
In this divorce case, the final decree granting wife a divorce made a division of marital property but failed to include as part of the marital estate several expenditures made by the husband. Wife asserts that such expenditures constitute a dissipation of assets by the husband and should have been included as part of the marital property. Wife appeals. We affirm.
Shelby
Court of Appeals
W2002-01946-COA-R3-CV W2002-01946-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Donald H. Allen
Madison
Court of Appeals
Louis Federico v. Aladdin Industries M2002-02351-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Irvin H. Kilcrease, Jr.
Louis Federico ("Plaintiff") began working for Aladdin Industries, LLC ("Aladdin") after they agreed in writing to his terms of employment. Among other things, they agreed Plaintiff would receive an annual salary of $180,000, plus a guaranteed bonus in the first year of $72,000. They also agreed to a separation package which provided that should Plaintiff lose his job other than through his own volition, he would receive "12 months' salary, prorated bonus and outplacement services." Plaintiff's position was eliminated before his first year of employment was completed. Plaintiff filed this lawsuit claiming the language in the separation package entitled him to a "separation bonus" of $72,000 in addition to the guaranteed first year bonus in the same amount. Aladdin disagreed, arguing Plaintiff was not entitled to any additional bonus over and above the guaranteed first year bonus because he never began working a second year. The Trial Court agreed with Aladdin and dismissed Plaintiff's complaint. Plaintiff appeals, and we affirm.
Davidson
Court of Appeals
Johnny Gant v. Suncom Wireless M2002-02574-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Barbara N. Haynes
Davidson
Court of Appeals
Paula Bowman v. State M2002-02616-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
This is an action against the State for damages for personal injuries sustained by the Appellant when she slipped on the icy surface of a State-owned parking lot. The single Commissioner found in favor of the State. The Claimant requested an en banc hearing which was granted with a concurrent Order entered affirming the single Commissioner, without notice to the Claimant. We vacate and remand.
Court of Appeals
M2002-00812-COA-R3-CV M2002-00812-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Carol L. Mccoy
Davidson
Court of Appeals
Marcia McAlexander vs. Albert McAlexander W2001-02550-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Rita L. Stotts
This appeal involves two consolidated cases. The first case is a post-divorce proceeding initiated by wife as a Rule 60 motion and petition for contempt to modify and enforce the final decree of divorce as it pertains to the alimony award and division of marital property. In these proceedings, the parties consented to arbitration of all determinative issues, and the award of the arbitrator was confirmed by the trial court. Husband appeals. We affirm as modified. The second case is an appeal of the order of the trial court granting a summary judgment from husband's petition seeking a sale for partition of the parties' former marital home, now held by the parties as tenants by the entirety and with possession awarded to wife until she remarries. The trial court granted summary judgment decreeing a sale for partition. Wife appeals. We affirm, as modified, for a determination on remand of wife's interest in the property by virtue of the award of possessory rights awarded in the final decree.
Shelby
Court of Appeals
Department of Children's Srvcs vs. B.L.K. & E.C.C. E2002-01724-COA-R3-JV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Suzanne Bailey
The State of Tennessee, Department of Children's Services ("DCS") obtained temporary custody of the five minor children of B.L.K. ("Mother") after Mother requested assistance from DCS because of her inability to care for the children due to her mental and financial condition. DCS later sought to terminate Mother's parental rights. Custody of Mother's two oldest children was transferred to their biological father. After a trial concerning Mother's parental rights to her three youngest children, the Juvenile Court determined there were sufficient grounds to terminate Mother's parental rights and that doing so was in the best interests of the children. Mother appeals, claiming DCS failed to prove by clear and convincing evidence that there were sufficient grounds to terminate her parental rights. Mother also claims DCS failed to prove by clear and convincing evidence that termination of her parental rights would be in the best interests of the children. We affirm the Juvenile Court's judgment.
