Ben Houston v. Michele Houston M2001-02538-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Muriel Robinson
In this post-divorce proceeding, the appellant, Ben Thomas Houston (hereinafter "Father"), filed a petition for modification of child support. The trial court increased Father's child support obligation and awarded the appellee, Michelle Houston (hereinafter "Mother"), attorney's fees. Father appeals. We affirm.
Davidson
Court of Appeals
Melody Knowles v. Jack Knowles M2001-01282-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Russell Heldman
Wife sued for divorce on grounds of inappropriate marital conduct and adultery. The trial court granted Wife an absolute divorce, awarded her alimony in futuro and attorney fees, and ordered Husband to pay Wife's health insurance costs. Husband appeals. We reverse in part and affirm in part.
Lewis
Court of Appeals
Sherry Hall v. Mark Hall M2000-01788-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Royce Taylor
This is a divorce case. The wife was awarded more than half of the martial assets and alimony in futuro in amounts that would step down after three years and end when the wife reaches retirement age. In addition, the trial court awarded the wife, in lieu of attorney's fees, ownership in a life insurance policy on the husband's life. The husband now appeals the trial court's division of marital property, the award of alimony in futuro, and the award relating to attorney's fees. We affirm the trial court's division of marital property and the award relating to attorney's fees, but we reverse the trial court's award of alimony in futuro and instead award rehabilitative alimony.
Jack Parks ex rel. Michael Parks vs. Timothy Hopkins E2001-00830-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Thomas J. Seeley, Jr.
Jack Parks, in his capacity as Conservator for his son, Michael Parks, sued Timothy Hopkins seeking compensatory and punitive damages based upon allegations essentially reciting that the defendant wrongfully converted funds belonging to the plaintiff's ward, who is apparently incompetent to handle his own affairs. At the conclusion of the plaintiff's proof at a bench trial, the defendant moved to dismiss the complaint pursuant to Tenn. R. Civ. P. 41.02. The trial court found that the complaint was filed outside the applicable statutes of limitations and that the plaintiff had not sustained his burden of proof "under any theory." A judgment was entered dismissing the complaint in its entirety. We affirm.
Washington
Court of Appeals
Alexis Johnson and wife vs. Jessie Malone E2001-02106-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Frank Brown, III
Plaintiffs alleged their neighbor's chicken houses constituted a nuisance and sought abatement. The Chancellor determined the operation was not a nuisance. On appeal, we affirm.
Hamilton
Court of Appeals
Rhea County vs. Town of Graysville E2001-02313-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Frank V. Williams, III
In this appeal we are called upon to determine whether the Trial Court erred in its finding that the Appellee Town of Graysville's validly annexed certain territory within the boundaries of Appellant Rhea County. We affirm the judgment of the Trial Court.
Rhea
Court of Appeals
Truan Meek vs. Earl Hall, dba Hall Realty & Auction E2001-02474-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Dale Young
Sessions Court entered default judgment against defendant. Defendant attempted to appeal to Circuit Court where that Court held appeal was not timely and Court had no jurisdiction. We vacate and remand.
Blount
Court of Appeals
E2001-02480-COA-R3-CV E2001-02480-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: O. Duane Slone
Charles Montague vs. Ron Street E2001-02805-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Jean A. Stanley
Washington County -This is a suit by Charles Montague, an inmate of the Penal System of this State, who was convicted of first degree murder and is presently serving a life sentence. The Defendants are Ron Street, Chief of Police of the City of Johnson City and Washington County.
Washington
Court of Appeals
Connie Otis vs. Lily Frye E2001-02848-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Russell E. Simmons, Jr.
Plaintiff claimed damages from defendant's motor vehicle sliding into plaintiff's vehicle. The jury returned a verdict for defendant. On appeal, we affirm.
Loudon
Court of Appeals
Ronnie Bradfield vs. James Dukes W2001-02067-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Martha B. Brasfield
Appellant is an inmate housed in the custody of the Tennessee Department of Corrections (TDOC). Appellant filed a writ of certiorari with the trial court asserting that the TDOC violated his rights under the Americans with Disabilities Act and section 1983 of the U.S. Code. Appellant also claimed that the parole board refused to provide scheduled parole hearings in 1994 and 1995. The trial court dismissed the case ruling that a writ of certiorari was not proper in this case, that Appellant did not exhaust his administrative claims, and that the petition was not timely. For the reasons below, we affirm the trial court's dismissal of the case.
State vs. Florence Harrell E2001-01710-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Billy Joe White
In this appeal from the Chancery Court for Union County the Petitioner/Appellant, the State of Tennessee ex rel. Thomas J. Harrell, contends that the Chancery Court erred in denying the State a judgment against the Respondent/Appellee, Florence E. Harrell, for retroactive child support and for reimbursement of AFDC benefits paid by the State on behalf of Mr. Harrell and his and Ms. Harrell's two minor children. We affirm the judgment of the Chancery Court.
Effie Louise Hayes vs. Roger Strutton, et al E2001-01765-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Jackie Schulten
Plaintiff/Appellant, Effie Louise Hayes, appeals the Hamilton County Circuit Court's judgment on the pleadings dismissing her complaint wherein she asserted that the Defendants/Appellees, Roger Strutton, Betty Strutton, Gary Lester and Mark Rothberger, defrauded her of real property. We affirm the judgment of the Circuit Court.
Hamilton
Court of Appeals
Dept of Children's Services vs. C.H.H. In Re: A.N.R. E2001-02107-COA-R3-CV
Trial Court Judge: Carey E. Garrett
The State of Tennessee, Department of Children's Services ("DCS") filed a petition seeking to terminate the parental rights of C.H.H. ("Father"), the biological father of the minor child, A.N.R. ("Child"). The Trial Court granted DCS' petition to terminate Father's parental rights. Father appeals. We affirm as modified and remand.
Knox
Court of Appeals
Susan Jones vs. Steven Dorrough E2001-02397-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Wheeler A. Rosenbalm
The origin of this appeal was a divorce proceeding between Steven Travis Dorrough and Susan Diane Jones. The question presented is the rights and responsibilities of the parties to a marital dissolution agreement incorporated in the final divorce decree as it relates to a piece of property located at 3003 Keller Bend Road in Knoxville, which had been the parties' marital residence. We affirm in part, vacate in part and remand.
Knox
Court of Appeals
Pelilia San Juan-Torregosa, et al vs. Engracia Torregosa Garcia, et al. E2001-02906-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Daryl R. Fansler
Patient in "chronic vegetative state" is on life support, i.e., nutrition by "percutaneous endoscopic gastrostomy". The trial court found by clear and convincing evidence that patient would not want to be subjected to artificial nutrition. However, the court ruled since she had not executed a living will, the court had no authority to authorize discontinuance of the artificial nutrition. On appeal, we reverse.
Knox
Court of Appeals
Eddie Fritz vs. Wanda Fritz E2001-00145-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: John S. Mclellan, III
Eddie LaMartin Fritz ("Husband") filed for divorce alleging inappropriate marital conduct or, in the alternative, irreconcilable differences. Wanda Lorraine Williams Fritz ("Wife") counter-claimed seeking a divorce on the same grounds. The parties eventually agreed how to divide most of their personal property and stipulated to grounds for the divorce. Wife had opened two savings accounts into which she claims she placed funds for the college education of her two daughters from a previous marriage. The Trial Court concluded the funds in these accounts were not marital property, and Husband challenges this conclusion on appeal. Husband also challenges the Trial Court's holding that he be responsible for all of the credit card debt accumulated during the marriage. We modify the division of property, and affirm the judgment as modified.
Sullivan
Court of Appeals
Cory Staples vs. William Clifton E2001-01385-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Neil Thomas, III
Trial Court entered Judgment for plaintiff on malicious prosecution claim. On appeal, plaintiff seeks an additur. Defendant also appeals, arguing there is no evidence to establish the cause of action and damages were not established. We affirm.
Hamilton
Court of Appeals
Deborah Keller vs. Donald Keller E2001-01399-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: John B. Hagler, Jr.
Appellant held in contempt by Trial Judge was ordered not to have any guns whatsoever around the parties' minor child. We affirm.
Bradley
Court of Appeals
Donna Bunker vs. Roger Finks E2001-01496-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: L. Marie Williams
Donna J. (Finks) Bunker ("Mother") and Roger Finks ("Father") were divorced in Ohio in 1993. The parties had two minor children. Mother and the children relocated to Chattanooga, Tennessee, and Father stayed in Ohio. The Ohio Divorce Decree was brought properly before the Tennessee Trial Court. Father filed a petition seeking a change of custody and visitation, while Mother filed a cross-petition seeking an increase in child support. The Trial Court found that while Father proved a material change in circumstances, he failed to carry his burden of showing that a change of custody was warranted. The Trial Court also restricted Father's visitation with the children to take place only in Chattanooga. The Trial Court did not increase Father's child support obligation. Both Father and Mother raise issues on appeal. Father's issues on appeal concern custody and visitation, primarily of the parties' younger child ("Younger Child"). We affirm, as modified, and remand.
