COURT OF APPEALS OPINIONS

Nora/Sylvester Eddings vs. Sears
W2001-01107-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Robert A. Lanier
This appeal involves a personal injury and allegations of promissory fraud stemming from a display bed collapsing at the defendant's department store. The plaintiffs spoke with the defendant's claim adjustor following the incident and were allegedly assured that medical bills would be paid by the defendant or that the claim would be "concluded." The plaintiffs, however, were informed by the defendant's claims adjustor approximately one year after the accident that the defendant held no liability due to the lapse of the statute of limitation. The plaintiffs sued the defendant for both personal injury and promissory fraud. Both claims were eventually defeated before a trial could be held and the plaintiffs appealed. We affirm.

Johnson vs. CCA
W2001-00595-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Jon Kerry Blackwood
This is an appeal from an order of the trial court granting a motion to dismiss the complaint for failure to state a claim upon which relief can be granted. We reverse in part and affirm in part.

In the Matter of: D.D.V.
M2001-02282-COA-R3-JV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Barry Tatum
The State filed a petition to terminate parental rights to a four-year-old boy. Only the mother contested the action. The trial court granted the petition, terminating the mother's parental rights on multiple grounds, including abandonment and failure to comply with a plan of care. We reverse as to the mother, because we do not believe any of the grounds were proven against her by clear and convincing evidence, as is required by statute.

Terry Hicks v. Donal Campbell
M2001-00280-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Irvin H. Kilcrease, Jr.
This appeal involves a prisoner disciplinary proceeding at the Hardeman County Correctional Facility. A prisoner filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County seeking judicial review of a prison disciplinary board's finding that he was guilty of "conspiracy to violate state law." Two of the seven respondents named in the petition filed a Tenn. R. Civ. P. 12.02(6) motion to dismiss. The trial court granted the motion, and the prisoner perfected this appeal. We have determined that the appeal should be dismissed because the order being appealed from is not final and does not comply with Tenn. R. Civ. P. 58.

State v. Tamberley Daniels
M2001-00624-COA-R3-JV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Samuel H. Smith
The non-custodial parent of two minor girls appeals the decision of the Juvenile Court of Hickman County terminating her parental rights on the grounds of willful abandonment. We affirm the action of the trial court.

In The Matter Of: S.G.S.
M2001-00649-COA-R3-JV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Clara W. Byrd
The trial court terminated the parental rights of the biological father on the ground of abandonment, and granted the adoption petition of the stepfather. The biological father argues on appeal that he did not abandon his child. We affirm the trial court.

First Union National Bank v. Donald Abercrombie
M2001-01379-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Russell Heldman
This appeal involves a dispute stemming from a defaulted note. The lender filed suit against the purported borrower in the Chancery Court for Williamson County asserting that he was liable for $57,778.20. The defendant moved to dismiss the complaint on the ground that he was not personally liable on the note because he was simply an officer of the corporation named as the borrower on the note and because he was not a guarantor of the corporation's debts. Thereafter, the lender moved for a default judgment, and the purported borrower then filed an answer denying liability on the note and a counterclaim against the lender for compensatory and punitive damages. The trial court granted the lender a default judgment for $57,778.20 without addressing the pending motion to dismiss or the answer and counterclaim. We have determined that the trial court erred by granting the default judgment and, accordingly, reverse the judgment and remand the case for further proceedings.

Sears Roebuck vs. William Riley
W2001-01981-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Rita L. Stotts
This appeal arises from the filing of a civil warrant by the Appellee against the Appellant in the General Sessions Court of Shelby County. The Appellee alleged that the Appellant owed on an account in the amount of $3,345.56. The trial court entered a judgment in favor of the Appellee. The Appellant appealed the judgment of the general sessions court to the Circuit Court of Shelby County. The Appellee filed a motion for summary judgment. At the hearing on the motion for summary judgment, the Appellant stated that he did not oppose the motion for summary judgment. The trial court entered an order granting summary judgment in favor of the Appellee. The Appellant appeals the order of the Circuit Court of Shelby County granting summary judgment in favor of the Appellee. For the reasons stated herein, we affirm the trial court's decision.

Michael Casby vs. Theresa Hazlerig
W2001-02073-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Joseph H. Walker, III
This appeal involves a custody and visitation dispute brought by divorced parents having joint custody of their two children. Following the submission of numerous filings by the parties, the court held a hearing to determine whether or not to alter the custody arrangement set out in the court's final decree. As a result of the hearing, the court issued an opinion and permanent parenting plan which altered the previous visitation agreement by naming the father primary custodial parent and granting the mother limited visitation rights. The court further ordered the mother to pay child support in accordance with the guidelines. The mother appealed and, for the following reasons, we affirm the decision of the trial court.

Stacey J. Stanley v. Daniel Ring,
W2001-00950-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: William Michael Maloan

Shepard Barbash vs. Monty Bruell & Anthony Smith
E2005-00387-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Howell N. Peoples

03-98-005-CC
03-98-005-CC
Trial Court Judge: A. Andrew Jackson

Buster Chandler v. Don Sundquist
M2001-00274-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Walter C. Kurtz
A Kentucky prisoner filed suit in a Tennessee court, claiming that he was entitled to be pardoned so that he could stand trial for murder in this state. The trial court dismissed his complaint for failure to state a claim for which relief can be granted. We affirm.

Mallory Valley Utility District v. Jeffrey Cantwell, et al.
M2001-00627-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Russell Heldman
The Trial Court dismissed plaintiff's condemnation action on grounds that the taking was arbitrary and capricious. On appeal, we vacate and remand for an evidentiary hearing.

Mohammad D. Hussain v. Grange Mutual Casualty
M2001-00658-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Walter C. Kurtz
Homeowners, unsatisfied with repairs to their home following a fire, sued their insurance company, the contractor who performed repairs on their home, and another contractor who removed personal property for cleaning and repair. The homeowners settled their claims against the insurance company and, on the day of trial, voluntarily dismissed their claims against the contractor for cleaning of their personal property. The trial proceeded upon their claims against the contractor who repaired the fire damage in their home, and the trial court entered a judgment for $650.00 in favor of the homeowners. Because the appellate record includes no record of the evidence taken at trial, we must presume the trial court's findings were supported by the record. Accordingly, we affirm the trial court's judgment.

In Re: William Harris Epps
M2001-01336-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Carol A. Catalano
The conservators and sons of Mr. Epps appeal the trial court's decision to award to Mr. Epps's wife one-third of the proceeds from the sale of a house owned by Mr. Epps but used as the marital residence during the marriage of over ten years. We affirm the decision of the trial court.

Richard O'Leary, et ux. v. Ann Johnson, et al.
M2000-03110-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Tom E. Gray
This case involves a payoff of a loan secured by a deed of trust on real estate and the failure to release the deed of trust on the record. In connection with a refinancing by the property owner, the title company closing agent issued a check to pay off the existing loan secured by a deed of trust. The check-payees, husband and wife, failed to negotiate the check and did not release the deed of trust. Some ten years later, after the death of the husband, the wife-payee found the check in her husband's files, and her attempt to negotiate the check failed because the account on which it was drawn was closed. She duly notified the title company closing agent, but it refused to reissue the check. Some three years later, the owners of the property tried again to refinance their loan, and in examining the title, it was discovered that the deed of trust, which presumably had been paid off, had not been released. The property owners filed suit against the title company closing agent and the holder of the note secured by the unreleased trust deed. The holder of the note filed a counter-claim against the property owners and a cross-claim against the title company closing agent. After a nonjury trial, the trial court awarded plaintiffs judgment against the title company closing agent for the amount of the payoff check issued to pay the previous loan and dismissed the cross-claim against the title company. The holder of the previous loan was awarded a judgment against the property owners for the amount of the principal balance due, plus attorney fees. The title company has appealed. We vacate in part, modify and affirm as modified.

State Council of Tennessee, Junior Order of United American Mechanics v. William Boyd, et al.
M2000-01652-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Stella L. Hargrove
This case involves an action to quiet title between the state chapter of a national fraternal organization and the members of a local chapter. The organization's constitution provides that, upon the dissolution of a local chapter, all acquired property becomes the property of the state chapter. After receiving a letter from three officers of the local chapter expressing their intent to surrender its charter, the state chapter sent a letter to all known members of the local chapter calling a meeting to discuss the future of the chapter. At a second meeting, three members attended; two of the members abstained until a vote of the entire membership could be taken while the third member voted to remain dissolved. Thereafter, the state chapter announced that the local chapter was dissolved and ordered the local chapter to surrender its bank account and had the door to the lodge padlocked. The state chapter then brought a lawsuit to quiet title. The defendant members disputed that their chapter had been properly dissolved. The trial court held that the dissolution of the local chapter and surrender of the chapter's premises and bank account by its officers was improper, dismissed the state chapter's petition to quiet title and ordered the return of the surrendered funds. From this decision, the state chapter now appeals. We affirm.

Juliann Morando v. William McGahan
M2000-01551-COA-R3-JV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Charles B. Tatum
This appeal arose after the trial court made its final determination on issues involving the support of the parties' minor child. Mother petitioned the trial court to establish parentage, to be awarded custody of the parties' child, and to establish other issues regarding the care of the child. At trial, Father conceded paternity and did not contest the custody issue. In making its child support award, the trial court based its decision on Father's new found employment. The court also set a payment schedule for the child support arrearage, determined that Father should claim the child as a dependent for tax purposes, split medical costs associated with the child's birth, and refused to award mother filing fees and attorney's fees. Mother contends that Father is voluntarily underemployed for purposes of child support and challenges several other decisions of the trial court. We reverse the court's decision in part, modify in part, affirm in part, and remand to the trial court for proceedings consistent with this opinion.

Melissa Combs Cranston v. Edward Scott Combs
02101-COA-R3-CV
Trial Court Judge: Catalano

Sandra Russell vs. Patrick Russell
E2001-00539-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: L. Marie Williams
In this divorce case, the trial court dissolved a marriage of 15 years; adopted a parenting plan relative to the parties' two minor children; divided the marital property; and awarded wife a portion of her attorney's fees. Husband appeals, arguing that the trial court's division of marital property was not equitable; that the trial court erred in allowing wife to amend her complaint to request attorney's fees; and that the trial court erred in ordering husband to pay a portion of those fees. We affirm.

Carol Hankins vs. Chevco, Inc., d/b/a Curtis Products
E2001-00608-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Thomas W. Graham
Carol Hankins ("Plaintiff") filed a Complaint against Chevco, Inc., d/b/a Curtis Products So. Central, Inc., and Concord Confections, Inc. ("Defendants") alleging injuries to her jaw and one of her teeth which occurred when she chewed a gumball. Defendants filed a motion for summary judgment, arguing they were entitled to partial summary judgment as a matter of law on the issue of causation of Plaintiff's temporomandibular joint disorder ("TMJ"). The Trial Court granted Defendants' motion. Plaintiff appeals. We vacate the partial summary judgment and remand.

John Foster vs. Larry Glenn
E2001-01435-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Wheeler A. Rosenbalm
The origin of this appeal was a detainer warrant filed in the General Sessions Court by John Foster and Mamosa Foster against Larry Glenn seeking possession of property occupied by Mr. Glenn pursuant to an instrument styled "AGREEMENT FOR DEED." Mr. Glenn filed what he styles a counter-complaint seeking damages for breach of contract and prevailed in the General Sessions Court. Upon appeal the Circuit Court found in favor of the Fosters, but awarded Mr. Glenn a judgment as to insurance proceeds received by the Fosters as a result of a truck striking the house in question. Mr. Glenn appeals the judgment of the Trial Court. We affirm.

Lorene Nelson vs. Lucille Campbell, In Re: Estate of Martha Murray
E2000-02746-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Russell E. Simmons, Jr.
Plaintiff's action was held by the Probate Court to be barred by the equitable doctrine of laches. We dismiss the appeal for failure to file timely notice of appeal.

Janet Jacobs, et al. v. Alvin Singh, M.D.
M2001-00697-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Don R. Ash
Defendant physician appeals judgment for Plaintiffs in a jury trial of a medical malpractice action. Upon review of the record, we do not find that Plaintiffs' case was time barred pursuant to the statute of limitations. We find material evidence in the record to support the verdict and a jury finding that medical expenses incurred by the Plaintiff were necessary and reasonable. We therefore affirm.