The trial court granted the father's petition to suspend the mother's impending visitation with the parties' 13-year-old daughter. The mother then moved the trial judge to recuse herself from any further involvement in proceedings relating to custody of the child or to visitation. She claimed that an ex parte communication between the father's attorney and the judge prior to the hearing on the father's petition created the appearance of partiality or bias. The judge denied the mother's motion to recuse. We affirm.
This appeal arises from the denial of a petition to modify visitation with a minor child. The trial court denied the father's petition, finding that the father failed to show that as a result of a material change in circumstance, his daughter had been harmed or was at risk of substantial harm due to the existing visitation arrangement. The primary issue on appeal is whether the trial court applied the correct legal standard in dismissing the father's petition. For the following reasons, we reverse and remand.
Trial court held that doctrine of collateral estoppel barred Appellant's civil suit against Appellee for damages stemming from an alleged assault where Appellant had previously been convicted of assaulting Appellee during the incident in question. We reverse and remand.
Patient filed medical malpractice action against physician alleging negligence in performance of operation procedure and negligence in physician's post-operative care. Jury returned verdict for physician on the issue of negligent post-operative care but deadlocked on the issue of negligence in performance of surgery. Trial court declared a mistrial and entered an order denying physician's motion for entry of final judgment on the issue of post-operative care and ordering a new trial on all of patient's claims. Physician was granted interlocutory appeal. The only issue for review is whether, under the circumstances of this case, a new trial should be confined only to the issues of the physician's negligence in performing the surgery. We affirm and remand.
Bedford
Court of Appeals
In the Matter of: Tony W. Hedge M2002-01218-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge A. Andrew Jackson
This appeal arises from a contempt proceeding against Attorney Andrew J. Shookhoff. The juvenile court held Mr. Shookhoff in contempt for his failure to appear at a review hearing involving his minor client. This appeal ensued. For the following reasons, we reverse.
Dickson
Court of Appeals
Audrey Owen v. William Martin M2001-02940-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Ellen Hobbs Lyle
This case was previously remanded by this Court for a determination of monthly payments due to Appellee from a resulting trust. Appellant appeals from an Order entered by the Chancery Court upon remand. The Order set the amount of the monthly payments but set no end date for those payments. We hold (1) that the corpus of the resulting trust is the equity Appellee possessed in the Property and is, therefore, a finite amount, (2) that the corpus should be reduced by rental amounts owed to Appellant by Appellee, and (3) that the remainder of the corpus may be paid as provided by the trial court.
Davidson
Court of Appeals
Paul Peak v. Travelers Indemnity M2001-03047-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Robert E. Corlew, III
The named insureds in an automobile liability insurance policy providing $300,000 per accident liability insurance appeal a trial court grant of summary judgment that they had effectively reduced their uninsured motorist limits per accident to $60,000. We affirm the judgment of the trial court.
Rutherford
Court of Appeals
M2001-02505-COA-R3-CV- M2001-02505-COA-R3-CV-
Trial Court Judge: Irvin H. Kilcrease, Jr.
Davidson
Court of Appeals
Steven Griffin v. William Roberts M2002-01898-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Marietta M. Shipley
An inmate in the custody of the Department of Correction filed a legal malpractice suit against the court-appointed attorney who represented him in his post-conviction appeal. Despite many attempts, the inmate failed to obtain service on the attorney. More than three years after suit was filed, the court dismissed the case for lack of prosecution. We affirm the trial court.
Davidson
Court of Appeals
River Links at Deer Creek v. Joseph Melz M2002-00043-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: R.E. Lee Davies
The developer of a golf course brought a fraud complaint against the property owner who furnished the land for the course, and against the companies he controlled. The defendants argued that the plaintiff's remedies were limited by the arbitration clauses in two of the three contracts that defined the relationship between them. The trial court ruled that the arbitration clauses were not applicable to the plaintiff's claims. We affirm the trial court.
Williamson
Court of Appeals
Lisa Wade v. William Wade M2002-00555-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Carol A. Catalano
This appeal arises from a change in child support, increasing the Appellant's monthly support obligation and awarding Appellee one half of all un-reimbursed medical and dental expenses while Appellant is in the military. Concerning child support, we affirm in part, with modification, and reverse and remand in part. Concerning un-reimbursed medical and dental expenses, we affirm.
Montgomery
Court of Appeals
Basil Marceaux v. Governor Don Sundquist M2002-01356-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Irvin H. Kilcrease, Jr.
Appellant filed a complaint in the Davidson County Chancery Court naming Governor Don Sundquist, all members of the United States Congress representing Tennessee, all members of the state legislature, all Tennessee District Attorneys General, all Tennessee Sheriff's Departments, and others as defendants. The complaint alleged the numerous defendants were guilty of "kidnapping, extortion, and racketeering" through the application of laws calling for mandatory car insurance, and the practice of routine traffic stops. The trial court dismissed the complaint finding, inter alia, that Appellant failed to state a claim upon which relief can be granted. We affirm.
Betty Brown v. Melvin Brown M2002-00728-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Marietta M. Shipley
The trial court granted the wife a divorce after a marriage of twenty-five years, and ordered the husband to pay her $300 per month as alimony in futuro. Eight years later, the husband filed a Petition to Modify the Final Decree and eliminate the alimony obligation, citing a significant increase in the wife's earnings. The trial court denied the petition. We affirm the trial court.
Davidson
Court of Appeals
In Re: The Estate of Harley Price M2002-00332-COA-R3-CV
Authoring Judge: Judge J. S. Steve Daniel
Trial Court Judge: Jeffrey F. Stewart
This case involves an appeal by Mrs. Cynthia A. Price, widow of Harley Timothy Price, who appeals the trial court's determination that Mr. Price was domiciled in Marion County, Tennessee thereby providing a jurisdictional basis for the probate of his will. In responding to this appeal, the estate of Harley Timothy Price appeals the trial court's determination that Mrs. Cynthia A. Price has standing to contest the jurisdiction of the Court. The trial court found that Mrs. Price had standing to contest jurisdiction. It also found that Mr. Price was domiciled in the State of Tennessee and, therefore, the letters testamentary were issued. For the reasons stated in this opinion, we affirm the trial court's decision as to both issues.
Marion
Court of Appeals
Dept. of Children Serv. vs. Sarah Owens W2002-00905-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Clayburn L. Peeples
Petitioners filed a petition to intervene and for temporary custody in a dependent and neglect proceeding filed against the adoptive parents of the subject child. Pursuant to a later filed petition to terminate the parental rights of the adoptive parents, the juvenile court entered an order terminating the parental rights. The court then ruled that the petition to intervene and temporary custody was moot on the basis that juvenile court lacked jurisdiction over the dispute because of the previous order terminating the parental rights of the child's adoptive parents and granting guardianship of the child to the state. The petitioners appealed to the circuit court for a trial de novo, and the circuit court subsequently dismissed the appeal for lack of jurisdiction. Petitioners appeal. We affirm the circuit court's finding that it lacked jurisdiction to hear the appeal but amend the order of the trial court to transfer the case to the Court of Appeals rather than dismissal.
Haywood
Court of Appeals
Barbara Cox vs. Jim Stafford E2002-01490-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Thomas J. Seeley, Jr.
Barbara Gail Cox ("Plaintiff") purchased a camper from Jim Stafford ("Defendant") in 1997. The title to the camper never was transferred to Plaintiff's name, and, apparently, still remains in Defendant's name. Plaintiff sued Defendant in General Sessions Court and obtained a judgment against Defendant for $10,800. Defendant appealed to Circuit Court. The case proceeded to trial in June of 2001. After a jury was selected and some testimony given, Defendant moved for a continuance because a witness had not been served with a subpoena. The Trial Court granted the continuance conditioned upon Defendant's paying court costs on or before August 31, 2001. Defendant never paid these costs. In October of 2001, the Trial Court dismissed the lawsuit and reinstated the General Sessions Court verdict. Defendant filed a motion to alter or amend the judgment, or for a new trial, under Tenn. R. Civ. P. 59, which the Trial Court denied. Defendant appeals. We affirm.
Washington
Court of Appeals
Consumers Insurance vs. Virgie Smith E2002-00724-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: G. Richard Johnson
Consumer Insurance USA ("the insurance company") brought a declaratory judgment action against one of its policyholders, Virgie Smith ("the policyholder"), age 80 at the time of trial, and others, seeking a declaration regarding its liability under an automobile insurance policy ("the policy") issued by it to Ms. Smith. The suit was prompted by a two-vehicle accident involving an automobile being driven by the policyholder's great-grandson, Thomas G. Tuten ("the great-grandson"), in which Tuten and another were killed and two other individuals in his vehicle were injured. The trial court held that the vehicle being driven by the great-grandson, a 1989 Chevrolet Camaro ("the Camaro"), was a "newly acquired auto" under the terms of the policy, was reported to the insurance company within 14 days of its purchase, and was, consequently, a covered vehicle under the policy as of the date of its purchase, i.e., June 29, 1999, some 12 days before the accident on July 10, 1999. Because we hold that the evidence preponderates that the policyholder made material misrepresentations to the insurance company that void the policy, we reverse the judgment of the trial court.
Washington
Court of Appeals
The Tennessee Department of Health, et al. v. Gary C. Boyle, M.D., et al. M2001-01738-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Irvin H. Kilcrease, Jr.
The issue in this case is the constitutionality of a Tennessee statute requiring a private clinic that performs a "substantial number" of abortions to acquire a certificate of need from the Health Facilities Commission and a license from the Department of Health. The Chancery Court of Davidson County upheld the statute, enjoined the defendants from operating without a certificate and a license, and imposed substantial monetary sanctions for civil contempt. We hold that the statute violates relevant provisions of the United States and Tennessee Constitutions. We therefore reverse the judgment below and dismiss the contempt charge.
Davidson
Court of Appeals
The Estate of Alline Elizabeth Glasgow, Clarence E. Biggs, et al. v. Virgil S. Whittum, et al. M2001-02263-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: C. L. Rogers
Proponents appeal judgment of the trial court on a jury verdict against the Will on a finding of undue influence by the proponents upon the testatrix. We affirm the judgment of the trial court.
Sumner
Court of Appeals
John Jay Hooker v. Don Sundquist, et al. M2002-01207-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Thomas W. Brothers
This case involves an appeal from an order denying a motion for Rule 11 sanctions. We reverse and remand.
Davidson
Court of Appeals
First National Bank of Chicago, et al. v. Cumberland Bend Investors, L.P., et al. M2000-00001-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ellen Hobbs Lyle
This appeal involves a dispute between a buyer and a seller of commercial property in Nashville over the buyer's obligation to indemnify the seller for legal expenses incurred in a successful defense of a suit for commissions filed by the former manager of the property. The seller filed suit in the Chancery Court for Davidson County seeking to recover its legal expenses from the buyer under the theories of indemnification and contribution. The trial court granted the buyer's motion for summary judgment and dismissed the complaint because the seller failed to prove that it had an express or implied right to indemnification and because, as a matter of law, contribution was inappropriate under the circumstances. We concur and, therefore, affirm the trial court's dismissal of the complaint.
Davidson
Court of Appeals
James Ward vs. Susan Ward W2001-01078-COA-R3-CV
Authoring Judge: Judge Don R. Ash
Trial Court Judge: Walter L. Evans
Mr. James Ward filed a Compliant for divorce on July 31, 1998. Mrs. Ward filed a Counter-Complaint for Absolute Divorce on November 30, 2000. The trial was held February 19, 2001 through February 22, 2001 and continued March 1, 2001 to March 2, 2001. On March 2, the Chancellor issued findings of fact and divided the marital property. Mrs. Ward asked the court to find Mr. Ward dissipated approximately $107,355 in marital assets, and requested the court award her attorney's fees as well as litigation expenses because the search for hidden funds resulted in a large portion of her attorney's fees. The Chancellor determined Mr. Ward did not dissipate marital assets, and denied the request for attorney's fees. The chancellor entered the final decree of divorce on April 6, 2001. This appeal followed.
Prudential Botts & Associates vs. R & E Properties E2002-01827-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: W. Frank Brown, III
In this case Prudential Botts & Associates Realtors, Inc., a real estate agency, sues R & E Properties, LLC, and one of its principals, Paula Ellis, and her father, James Runion, who advised and exerted influence over his daughter in connection with the business of R & E. The suit alleges that the Defendants violated the Tennessee Consumer Protection Act, T.C.A. Title 47, Chapter 17, resulting in damages to Prudential because a real estate transaction did not close as a result of misstatements made by the individual Defendants, thereby causing Prudential to lose a commission it otherwise would have received. After a plenary trial the Chancellor found in favor of the Plaintiff and awarded it $147,000 in compensatory damages; $97,000 in attorney fees; and $45,000 in pre-judgment interest. We reverse and dismiss.
