M.P.P.,al vs. D.L.K. In Re: C.E.P. E2001-00706-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: William E. Lantrip
The stepfather, M.P.P. ("Stepfather"), and the biological mother, A.P.P. ("Mother"), of a minor child ("Child") filed a petition to terminate the parental rights of the Child's biological father, D.L.K. ("Father"), so that Stepfather could adopt the Child. When the Child was 17 months old, Father received a 130-month prison sentence. The Trial Court granted partial summary judgment as a matter of law to Mother and Stepfather and terminated Father's parental rights. Father appeals. We affirm, in part, and vacate, in part, and remand.
Peggy Gaston vs. Tennessee Farmers Mutual Ins. E2001-01487-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Lawrence H. Puckett
This appeal from the Circuit Court of McMinn County questions whether the Trial Court erred in granting a directed verdict in favor of Tennessee Farmers Mutual Insurance Company because it refused to pay its policyholder, Peggy Gaston, under the uninsured motorist provision of her policy which covered Peggy Gaston. We vacate and remand.
McMinn
Court of Appeals
Peggy Gaston vs. Tennessee Farmers Mutual Ins. E2001-01487-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Lawrence H. Puckett
This appeal from the Circuit Court of McMinn County questions whether the Trial Court erred in granting a directed verdict in favor of Tennessee Farmers Mutual Insurance Company because it refused to pay its policyholder, Peggy Gaston, under the uninsured motorist provision of her policy which covered Peggy Gaston. We vacate and remand.
McMinn
Court of Appeals
City of Collegedale vs. Hamilton County Water Treatment E2001-02041-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Samuel H. Payne
This is a suit brought by the City of Collegedale, seeking a declaration that Hamilton County Wastewater and Wastewater Treatment Authority is required to arbitrate a dispute between them in connection with the City annexing certain property served by the Authority. The complaint also sought a declaration that in the event the City prevails the Authority would not be entitled to prosecute a suit to condemn and re-acquire the facilities in question. The Trial Judge found in favor of the City on both issues and the Authority appeals. We affirm in part and vacate in part.
Hamilton
Court of Appeals
Elizabeth Petty vs. State E2001-02124-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Vance W. Cheek
In this action, the Commission found no contract between the parties and dismissed the claim. On appeal, we affirm.
Court of Appeals
Jamie Mason vs. Charles Mason, Jr. E2001-02208-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
This appeal from the Chancery Court of Cocke County questions whether the Trial Court erred in failing to grant Mr. Mason standard visitation with his minor son. We affirm the judgment of the Trial Court.
Mark Graham vs. Michael J. Mohr E2001-00824-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: L. Marie Williams
These consolidated cases arise out of a two-vehicle accident. The jury returned a verdict in favor of Mark Graham, assigning 51% of the fault to Michael J. Mohr and 49% to Graham. Mohr appeals, raising issues pertaining to the propriety of the trial court's ruling excluding the testimony of the police officer who investigated the accident. We affirm.
Hamilton
Court of Appeals
Lynn Hall, et al vs. Mark Bookout E2001-01172-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Samuel H. Payne
Lynn and Lillian Hall, the maternal grandparents ("Grandparents") of the minor child ("Child"), filed a Petition for Custody seeking permanent custody of the Child, naming the Child's biological father ("Father"), Mark Bookout, as the defendant. The Grandparents had temporary custody of the Child pursuant to an ex parte order. At the close of proof at trial, the Trial Court found that the Father was not unfit. In its Order, however, the Trial Court made no specific finding regarding the risk of substantial harm if the Child was placed in Father's custody. The Trial Court denied the Grandparents' petition but did not order the Child returned to Father's custody by any set date but instead provided only that the "ultimate goal" was for the Child to be returned to Father. Father appeals. We affirm, in part, and modify, in part, and remand.
Hamilton
Court of Appeals
Judith Silvey vs. Darrel Silvey E2001-02007-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Frank Brown, III
In this divorce action the Trial Court granted divorce ordered rehabilitative alimony, child support and divided the marital property. Issues on appeal include the valuation, classification and division of marital property and the award of alimony. We affirm in part, vacate in part and remand.
Hamilton
Court of Appeals
Magdalene Miller vs. Mt. Laurel Chalets E2001-00863-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Richard R. Vance
Magdalene A. Miller fell down a flight of stairs at a rental chalet in Gatlinburg. She and her husband, Robert Miller, sued Bob Light, the owner of the chalet, and Mt. Laurel Chalets, Inc., the rental agent for the chalet. Both defendants filed a motion for summary judgment. Both motions were granted. We affirm.
Sevier
Court of Appeals
Barry Teague vs. Barbara Teague E2001-01413-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: L. Marie Williams
This is a divorce case. The trial court granted the parties a divorce on stipulated grounds; divided their marital property; and awarded Barbara Ann Chadwick Teague ("Wife") alimony in futuro of $1,800 per month, plus attorney's fees of $2,500. Barry Lynn Teague ("Husband") appeals the nature and amount of the alimony award, the division of property, and the award of attorney's fees. We vacate the language in the trial court's judgment projecting into the future as to Wife's needs when her mortgage obligation has been paid in full. In all other respects, the judgment of the trial court is affirmed.
Fifth Third Leasing Co. vs. Cherokee Pontiac E2001-01628-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: John K. Wilson
The Trial Court entered summary judgment for lessor against dealer under contract to purchase vehicles from dealer. Dealer's counter-complaint for damages was dismissed. Dealer appeals dismissal, contending claim sounds in tort and/or limitation of liability in contract is unenforceable. We affirm.
Hawkins
Court of Appeals
Gary Aumaugher vs. Deborah Aumaugher E2001-01786-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: John O. Gibson
The Petitioner, Deborah Jo Aumaugher, appeals a judgment of the General Sessions Court of Loudon County, contending, among other things, the Trial Court was prejudiced against her and also committed a number of other errors. Because we have no transcript of the hearing which resulted in the order she assails, we are unable to address the merits of this appeal. We accordingly affirm the judgment of the Trial Court.
Loudon
Court of Appeals
Sharon Stinnett vs. David Ferguson E2001-02031-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: William R. Brewer
In this divorce action, the issue on appeal is whether the Trial Court placed the correct value on the marital equity in wife's motel property. We affirm the value determined by the Trial Court.
