Donald Lacy v. Wesley Cox E2003-00709-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Richard R. Vance
Donald R. Lacy ("Plaintiff") sued Jennifer Brandon for damages arising from an automobile accident. After deliberating for approximately two hours, the jury asked the Trial Court if they were required to award Plaintiff any monetary damages if they found fault on the part of Brandon. Based on the question, Plaintiff surmised the jury's deliberations were not going his way. As a result, Plaintiff moved for a voluntary dismissal without prejudice, believing he was entitled to do so as a matter of right. The Trial Court, also believing Plaintiff was entitled to dismiss his lawsuit without prejudice as a matter of right even though the jury was deliberating, granted the motion. We conclude Plaintiff was not entitled to voluntarily dismiss his lawsuit without prejudice as a matter of right at that stage in the proceedings, and as a consequence the dismissal is with prejudice.
Sevier
Court of Appeals
Doris Cannon vs. Peninsula Hospital E2003-00200-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Harold Wimberly
Criminal proceedings against the Plaintiff involving a controlled substance were dismissed upon the Plaintiffs agreement to pay the costs. She thereupon filed this action for damages for malicious prosecution, which was dismissed on motion for summary judgment because the Plaintiff could not prove a necessary element: that the prosecution was terminated in her favor, because she agreed to pay the costs of the criminal prosecution. We affirm.
Knox
Court of Appeals
02825-COA-R3-CV 02825-COA-R3-CV
Trial Court Judge: Jacqueline E. Schulten
Hamilton
Court of Appeals
E2003-00132-COA-R3-CV E2003-00132-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Thomas R. Frierson, II
Hawkins
Court of Appeals
Tony Baldwin v. Board of Paroles M2002-01428-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Irvin H. Kilcrease, Jr.
A prisoner in the custody of the Tennessee Department of Correction became eligible for parole after serving over twenty years of his sentence. The Parole Board conducted a hearing, and voted to deny him parole. They also decided to defer further parole consideration for another twenty years. The prisoner filed a Petition for Writ of Certiorari, which the trial court denied. We reverse the deferral, because we find that the decision to defer further parole consideration for so many years constitutes an arbitrary exercise of the Parole Board's authority.
Davidson
Court of Appeals
Aziza Kljajic v. Mirzet Kljajic M2002-01294-COA-R3-CV
Authoring Judge: Judge Royce Taylor
Trial Court Judge: Muriel Robinson
This case raises the question of jurisdiction over a nonresident, in a divorce filed by a Tennessee resident who also seeks custody of the parties' minor children, child support and attorney fees. We hold that the court has jurisdiction to grant the divorce and award custody but does not have jurisdiction to award child support or attorney fees.
Davidson
Court of Appeals
Linda Bradley v. John Waderker M2002-02017-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ross H. Hicks
A driver and the passengers in his 1993 Ford Explorer appeal a non-jury judgment of the Circuit Court of Montgomery County. The Ford Explorer collided with a police cruiser at an intersection in the City of Clarksville. The trial court held both drivers to be equally at fault and dismissed the case. We affirm the trial court.
Montgomery
Court of Appeals
Tamara Fontaine v. Weekly Homes M2002-01651-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Russell Heldman
Defendants/appellants appeal the trial court's denial of their motion to compel arbitration. We affirm.
Williamson
Court of Appeals
Ken Stephens v. Roane State Community College M2001-03155-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Irvin H. Kilcrease, Jr.
This is a sexual harassment case. The plaintiff was a tenured professor at the defendant college. In 1996, one of the professor's students filed a complaint of sexual harassment with the college, alleging that the professor engaged in unwelcome sexual conduct and created a hostile educational environment. After a hearing, an administrative law judge determined that the professor had committed the acts charged. Consequently, the professor was suspended without pay for six months. The professor appealed the administrative decision to the trial court. The trial court upheld the decision, using a deferential standard of review, and the professor filed the first appeal in this case. On appeal, this Court reversed and remanded for a review de novo on the record. On remand, the trial court reviewed the case de novo on the record and again upheld the ALJ's decision. The professor now appeals. We affirm, finding that the trial court did not abuse its discretion in refusing to allow the professor to testify in person at the rehearing on remand, and that the trial court did not err in finding that the ALJ's decision was supported by clear and convincing evidence.
Davidson
Court of Appeals
Judith Walker v. City of Cookeville / Cookeville Regional Medical M2002-01441-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: John J. Maddux
This appeal involves an employment dispute between the Cookeville Regional Medical Center and a senior management employee. After the hospital's chief executive officer removed the employee from her position as Interim Assistant Administrator and Director of Quality Management, the employee resigned and filed suit in the Circuit Court for Putnam County alleging that the hospital breached her employment contract by declining to pay her the severance benefits required by her employment contract. Following a bench trial, the court found that the hospital had breached the employment contract and awarded the employee severance benefits, prejudgment interest, and discretionary costs. The hospital argues on this appeal that the employee was not entitled to severance pay because (1) she had voluntarily resigned, (2) the parties understood that the employee's appointment as assistant administrator was not permanent, and (3) the employee's demotion did not materially alter her duties or status. We affirm the judgment because the hospital breached the employee's contract when it demoted her and declined to pay her the severance benefits required by her employment contract.
Putnam
Court of Appeals
J. L. Beechum, Jr. v. Charles Traughber M2003-00150-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Carol L. Mccoy
Petitioner, an inmate with the Department of Corrections, sought judicial review of decisions of the Tennessee Board of Probations and Parole first to revoke his parole and then to decline to release him on parole. The Chancery Court for Davidson County denied the inmate's request for relief, and the inmate has appealed. We have determined that the inmate's challenge to the revocation of his parole was untimely and that the inmate's complaint regarding the late certification of the records regarding his Georgia conviction is without merit. Accordingly, we affirm the dismissal of the inmate's petition.
Davidson
Court of Appeals
Paul A. Miller vs. Connie Marie Miller M2002-02775-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Clara W. Byrd
This is a post-divorce custody proceeding involving two young girls wherein the trial court denied the Father's Petition for a Change of Custody. We affirm the action of the trial court.
Wilson
Court of Appeals
Teresa McEwen v. Dept. of Safety M2002-02884-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Irvin H. Kilcrease, Jr.
This appeal involves the forfeiture of personal property seized incident to a criminal investigation into the illegal sale of controlled substances. The owner of the property filed a claim for its recovery with the Tennessee Department of Safety. The Appeals Division of the Department of Safety, overruling an administrative law judge's initial order, ordered the forfeiture of all the seized property except a pickup truck. Thereafter, the owner filed a petition in the Chancery Court for Davidson County seeking judicial review of the Appeals Division's forfeiture order. The trial court affirmed the forfeiture order, and the owner of the property appealed. Although we disagree with the trial court's reasoning, we likewise affirm the forfeiture order.
Davidson
Court of Appeals
Kim Hickerson v. Andrew Dearing, III M2002-02210-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: L. Craig Johnson
This is a malpractice action filed by Appellant against his criminal defense attorney in a case resulting in his conviction by a Coffee County jury of selling cocaine a Class C felony. While this civil case was pending on appeal the underlying criminal conviction of Appellant was affirmed by the Court of Criminal Appeals and the Supreme Court denied his application to appeal. Based upon Gibson v. Trant, 58 S.W.3d 103 (Tenn.2001), we affirm the action of the trial court in dismissing the case.
Coffee
Court of Appeals
M2003-00280-COA-R3-CV M2003-00280-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: James B. Cox
Bedford
Court of Appeals
Linda Campbell v. Opal Carroll M2003-00295-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Ross H. Hicks
This appeal involves the denial by the trial court of a motion for Rule 11 sanctions. The request for sanctions was made pro se by defendant Michele Scott against plaintiff and her counsel for failing to perform an adequate prefiling investigation as required under Rule 11. We affirm the judgment of the trial court.
Robertson
Court of Appeals
Chris Hickman v. Misty Willis M2003-00574-COA-R3-JV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Samuel H. Smith
Mother appeals the trial court action of requiring non-custodial obligor father to pay only one-half of the premium for medical insurance covering their minor child and further appeals the amount of support arrearage. As the child support guidelines are mandatory in requiring that non-custodial obligor parent is responsible for the full premium of medical insurance, the action of the trial court is modified accordingly and in all other respects affirmed.
Hickman
Court of Appeals
Stephanie Medlyn vs. Peter Medlyn E2002-02031-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Telford E. Forgerty, Jr.
Wife's action to enforce Divorce Settlement Agreement resulted in monetary judgment against husband. On appeal, we affirm.
A tenured professor successfully challenged his dismissal through a review in the Chancery Court of Davidson County. Subsequently he filed a claim against the state in the Claims Commission for breach of contract. The Commission dismissed the claim on jurisdictional grounds. We affirm the conclusion that the claim was not based on a "written contract."
This appeal involves a patron at a Nashville night spot who was seriously injured by a broken glass tray left unattended on a table. In addition to the laceration on his leg, the patron fell and hit his face against the floor. The patron later filed suit against the night spot in the Circuit Court for Davidson County seeking damages not only for the laceration of his leg but also for internal derangement of his temporomandibular joint caused by his fall. The night spot conceded its negligence, and, after conducting a bench trial on the question of damages, the trial court awarded the patron $8,937.00 for his medical expenses, pain and suffering, and loss of enjoyment of life. On this appeal, the patron takes issue with the trial court's refusal to award him $1,133.00 in medical expenses and with the amount of the award for pain and suffering and loss of enjoyment of life. We have determined that the trial court lacked any basis for declining to award the patron all his medical expenses and that the evidence does not preponderate against the award for pain and suffering and loss of enjoyment of life.
The Circuit Court of Wilson County awarded custody of a minor child to the paternal grandmother. The child's mother, to whom custody had been awarded in the divorce, asserts that the facts do not support such a drastic remedy. We affirm the judgment of the trial court.
Mother petitioned the court for change of child custody. The trial court found no material change of circumstances justifying such change and dismissed the petition. We affirm.
Hickman
Court of Appeals
Joseph Neil Nolen v. Amy Jay Nolen M2002-00138-COA-R3-CV
Authoring Judge: Senior Judge Don R. Ash
Trial Court Judge: Judge Donald P. Harris
This appeal arises from the trial court’s decision to award custody of the parties’ minor children to third party custodians. After finding each parent unfit, the chancellor awarded custody of the daughter to the mother’s aunt and the son was awarded to an unrelated third party. Parenting time was established every first and second weekend with the third party custodians having the third weekend. Holiday parenting time was also included. Most importantly the siblings were reunited during these times with their parents. Both parties were ordered to split the child support obligation owed to the third parties. The father filed this appeal. We affirm.
This is the fourth appeal regarding the sale of a 128-acre farm in Giles County. The sellers originally sued the buyers in the Chancery Court for Giles County in 1991, alleging that the buyers had breached the contract by defaulting on their payments. The buyers counterclaimed, asserting that the sellers had breached the contract by failing to provide city water to the property and that the sellers had committed fraud and violated the Tennessee Consumer Protection Act. On the first appeal, this court affirmed the trial court's judgment rescinding the sale but remanded the case with directions to address the question of damages. The case was tried five more times and was appealed twice. In the sixth trial, a jury awarded the buyers $32,444.42. On this the fourth appeal, the buyers take issue with the trial court's exclusion of evidence regarding the sellers' alleged fraud, the jury's calculation of the increased value of the property, and the trial court's refusal to award them prejudgment interest. We affirm the judgment.
Giles
Court of Appeals
Janet Hilman v. Randolph Hilman M2002-00898-COA-R3-CV
Authoring Judge: Judge Don R. Ash
Trial Court Judge: Muriel Robinson
This appeal arises from the trial court's denial of a contempt petition brought to enforce the provision in a marital dissolution agreement regarding the father's obligation to pay one-half of child's uncovered medical expenses. The trial court found the petitioning mother failed to present sufficient evidence of which expenses were medical and covered by the marital dissolution agreement and the petitioning mother acted unilaterally in incurring these extraordinary charges for treatment of the minor child. We affirm the trial court.
