Rose Construction vs. Raintree Dev. W2000-01388-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Walter L. Evans
This is an arbitration case. The plaintiff construction company agreed to construct the defendant developer's planned development project. When disputes arose out of the parties' performance, they terminated the contract. The parties then entered into arbitration. The arbitration panel found in favor of the plaintiff for $974,068.00 plus interest, including a $250,000 award for attorney's fees. The plaintiff filed an action in the chancery court, seeking confirmation of the award. The defendant asked the chancery court to vacate the arbitration award. The trial court vacated the entire award, finding that the arbitration panel exceeded its authority in awarding attorney's fees. The plaintiff construction company appeals. We reverse, finding that the award of attorney's fees is authorized under the parties' contract, and remand the case for confirmation of the arbitration award in toto.
Shelby
Court of Appeals
Sandra Allman vs. Hut's, Inc. W2000-01829-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Mark Agee
This appeal arises from the alleged fall of the Appellant outside the Appellee gas station and convenience store. The Appellant brought a complaint against the Appellee in the Circuit Court of Gibson County, alleging that the Appellee negligently maintained its premises which was a proximate cause of the Appellant's injuries. The Appellee filed a motion for summary judgment, alleging that the Appellant was unable to prove that the Appellee owed a duty to the Appellant or breached a duty. The trial court granted the Appellee's motion for summary judgment. The Appellant appeals the grant of summary judgment in favor of the Appellee by the Circuit Court of Gibson County. For the reasons stated herein, we reverse the trial court's decision.
Gibson
Court of Appeals
Darrell L. Edwards, et al vs. Seleta Kaye Campbell, et al E2000-01463-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Jacqueline E. Schulten
The Trial Court granted Defendants summary judgment based on the expiration of the statutes of limitation because of Plaintiffs' failure to comply with Tenn. R. Civ. P. 3 and 4.04. Plaintiffs sued Defendants for personal injuries and property damage allegedly resulting from a 1989 motor vehicle accident. Plaintiffs first filed suit in 1990. They voluntarily dismissed that suit in 1996 and re-filed within one year. Plaintiffs obtained issuance of the first set of summons in the second suit in March 1997, and attempted service of process by mail. A third person, but neither defendant, signed the return mail receipts. Defendants raised the defense of insufficiency of service of process in their answer and moved for a stay of the proceedings which was granted. The Trial Court conditioned the removal of the stay upon Plaintiffs' payment of costs associated with their first lawsuit. Two years later, Plaintiffs paid the costs, and the Trial Court lifted the stay. Thereafter, Plaintiffs obtained issuance of new process. It is undisputed that Defendants were served in October 1999. Defendants filed a Motion for Summary Judgment arguing that the statutes of limitation had expired because Plaintiffs failed to serve Defendants in March 1997, and did not obtain issuance of new process from the Trial Court clerk until more than two and a half years later. Plaintiffs did not respond to Defendants' motion which the Trial Court granted. Plaintiffs appeal. We affirm.
Hamilton
Court of Appeals
Perry vs. Campbell M1998-00943-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ellen Hobbs Lyle
This appeal involves a prisoner's challenge to a prison disciplinary board's decision to place him in involuntary administrative segregation. After exhausting his remedies within the Department of Correction, the prisoner filed petitions for a common-law and a statutory writ of certiorari in the Chancery Court for Davidson County complaining that he had been denied the right to call witnesses, that the board's decision was racially motivated, and that the board's decision lacked evidentiary support. The trial court granted the State's motion for summary judgment and dismissed the prisoner's petitions. We affirm the trial court's judgment.
Davidson
Court of Appeals
Perry vs. TN Bd. of Paroles M1998-01018-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ellen Hobbs Lyle
This appeal involves a prisoner's efforts to be released on parole. After the Tennessee Board of Paroles declined to release him on parole, the prisoner filed petitions for both common-law and statutory certiorari in the Chancery Court for Davidson County asserting that the Board had acted illegally, arbitrarily, and fraudulently. The trial court dismissed the prisoner's petition. We affirm.
Davidson
Court of Appeals
Garrison vs. Burch M1999-02819-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Casey Moreland
This appeal involves a dispute regarding an order of protection. After the petitioner was threatened and attacked by his girlfriend's former husband, he sought an order of protection from the Davidson County General Sessions Court. The general sessions court granted the order of protection, and the former husband appealed to this court. We reverse and vacate the general sessions court's order because the parties are not within the degree of relationship required by the statute authorizing the issuance of orders of protection.
Davidson
Court of Appeals
Stone vs. Faulkner, Mackie & Cochran M2000-00125-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Hamilton V. Gayden, Jr.
Plaintiff, Terry Stone d/b/a Medical Claims and Collections Specialist, sued Defendants, David Cochran, and Faulkner, Mackie & Cochran, for interference with contractual and business relationships between Plaintiff and Plaintiff's third-party client, Levine & Sharp Associates. The trial court granted Defendants' motion for summary judgment in this matter finding no genuine issue of material fact and dismissed Plaintiff's claims. The question presented to the Court is whether or not there are genuine issues of material fact such that the trial court erred in granting Defendants' Motion for Summary Judgment on the claim for interference with a business relationship. We affirm the trial court's dismissal of this claim.
Davidson
Court of Appeals
Muirhead vs. Muirhead M1999-02385-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Donald P. Harris
This appeal involves the custody of four minor children following dissolution of a sixteen (16) year marriage. The trial court awarded a divorce to Father on the ground of inappropriate marital conduct but awarded custody of the parties' four minor children to Mother. The trial court set child support, awarded rehabilitative alimony, and divided the marital property, awarding Mother the marital residence. The Mother appeals the property division and alimony award. The Father appeals the award of custody. We reverse the trial court's award of custody because Father is comparatively more fit than Mother to have custody, modify the award of rehabilitative alimony, vacate the child support award, and remand to the trial court for child support and visitation issues.
Williamson
Court of Appeals
Mary Browning vs. Harold D. Vandergriff, Jr., D/B/A Sunrise Market & Deli E1999-02711-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Dale C. Workman
In this appeal from the Circuit Court of Knox County the Defendant/Appellant, Harold D. Vandergriff, Jr., appeals the Circuit Court's judgment entered pursuant to a jury verdict allowing damages to Plaintiff/Appellee, Mary Browning, for negligent infliction of emotional distress. We reverse the judgment of the Circuit Court, dismiss the complaint and remand for collection of costs below.
Knox
Court of Appeals
Montague vs. TDOC M1999-00513-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ellen Hobbs Lyle
This Court determined a previous appeal by Charles Montague to be frivolous and remanded the case to the trial court to set attorney's fees. The state submitted evidence of attorney's fees incurred, both in the trial court and in this Court. Montague appeals and we modify the judgment of the trial court so as to only allow attorney's fees on the initial appeal.
Custom Packaging, Inc. vs. Patti Holliday, et al E2000-01744-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Daryl R. Fansler
Custom Packaging, Inc., appeals a summary judgment granted against it in its suit seeking recovery on a sworn account for merchandise sold according to the complaint to "Patti Holliday, Ind. & d/b/a Repeat Fibre." The Trial Court sustained Ms. Holliday's motion for summary judgment, finding there are no material disputed facts. We vacate the judgment below and remand the case for further proceedings.
Knox
Court of Appeals
State Department of Children's Services vs. RC E2000-01939-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: William H. Russell
In this action to terminate parental rights, the mother didn't appear for trial and the Trial Court terminated her parental rights. On appeal, she argues her constitutional rights were violated by proceeding to trial in her absence, and termination was not supported by clear and convincing evidence. We affirm.
Loudon
Court of Appeals
In Re: Estate of Constantine Anagnost E2000-02321-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Daryl R. Fansler
This litigation involves a claim against an estate. The claimant asserts that the decedent breached a contract which purportedly obligated the decedent to convey to the claimant a certain parcel of property upon the claimant's satisfaction of his contractual obligations. The estate moved for summary judgment, arguing that the issues relating to the existence of the purported contract had been decided adversely to the claimant in an earlier suit, thereby barring the present claim under the doctrine of res judicata. The trial court granted summary judgment to the estate, and the claimant now appeals, asserting that the prior judgment does not bar the instant claim. We affirm.
Knox
Court of Appeals
Janine S. Taylor Hines vs. Richard Michael Tilimon E2000-00912-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Bill Swann
This is an interstate custody dispute. Janine S. Taylor Hines ("Mother") filed this action seeking a declaratory judgment pertaining to the custody of the parties' minor child. She also sought to modify certain foreign orders pertaining to the visitation rights of the defendant, Richard Michael Tilimon ("Father"). The trial court (a) entered a default judgment against Father, (b) declared Tennessee to be the child's home state, (c) decreed that custody would remain with Mother, and (d) limited Father's visitation to supervised visits in the state of Tennessee. The court later denied Father's motion to set aside the default judgment. Father appeals, raising issues as to subject matter jurisdiction, in personam jurisdiction, venue, and service of process. He also argues that the trial court erred (1) in denying his request for a continuance of the hearing on the plaintiff's motion for default judgment; (2) in not allowing him to participate by telephone in the hearing on his motion to set aside the default judgment; (3) in denying his motion to set aside the default judgment; (4) in ordering supervised visitation; and (5) in awarding Mother her attorney's fees. By a separate issue, Mother seeks attorney's fees for this appeal. We affirm and remand for a hearing to set Mother's fees on appeal.
Knox
Court of Appeals
Brian Mayes v. Ronald LeMonte M2002-00625-COA-R3-CV
Authoring Judge: Russ Heldman
In this dog bite case, the trial court awarded a meter reader $5000 in compensatory damages against the dog owner. The dog owner claims on appeal that he was not negligent in handling his dog and that the sitting trial judge was biased and prejudiced against him. We affirm.
Montgomery
Court of Appeals
Todd Hutcheson v. Irving Materials M2002-03064-COA-R3-CV
Authoring Judge: Judge Frank Clement, Jr.
Trial Court Judge: Robert E. Burch
Plaintiff filed suit for breach of contract and negligence alleging that concrete provided by Defendant did not meet specifications. Defendant filed counterclaim for Plaintiff's unpaid bill. Plaintiff failed to timely respond to requests for admissions. Defendant filed motion to have requests deemed admitted, which the trial court granted. Plaintiff took no remedial action until seven months later, after Defendant filed its motion for summary judgment that was primarily based on the now disputed admissions. Plaintiff then filed Tenn. R. Civ. P. 36.02 motion for relief from the admissions. Trial court denied Plaintiff's motion for relief, granted Defendant's summary judgment, awarding damages against Plaintiff, and dismissed Plaintiff's cause of action against Defendant. This is an appeal from the trial court's denial of Plaintiff's motion for relief pursuant to Tenn. R. Civ. P. 36.02, and the trial court's granting of Defendant's motion for summary judgment, rendering judgment in favor of Defendant. We affirm the trial court.
Cheatham
Court of Appeals
Sheila Goodner and Amy Goodner vs. Arthur Sass E2000-00837-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: L. Marie Williams
The Trial Judge granted defendant's Motion to Dismiss for insufficient process. We reverse and remand.
Hamilton
Court of Appeals
John Rogers, Sr. vs. Est. of Newton Russell, Larry Holbert, Pers. Rep . E2000-01054-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Hugh E. Delozier
Plaintiff's claim in Probate Court against the estate of his stepfather was denied by the Probate Court because it was not filed timely. The Probate Court advised Plaintiff, who appeared at the hearing pro se, that he should seek counsel if he wished to challenge the ruling of the Probate Court. Although Plaintiff immediately retained counsel, no further action was taken on the matter for eleven months. With new counsel, Plaintiff then filed a Motion to Set Aside Order Denying Claim pursuant to Tenn. R. Civ. P. Rule 60.02. This Motion was heard on the pleadings, documents in the case file, including the Affidavit of Plaintiff, and arguments of counsel. The Probate Court dismissed the Motion. We affirm the Judgment of the Probate Court.
Blount
Court of Appeals
Javius vs. Javius M2000-00314-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Jeffrey S. Bivins
After a stormy and sometimes violent marriage, the trial court awarded a divorce to the wife, divided the marital property, and ordered the husband to pay alimony. The husband claims on appeal that the wife's fault should have resulted in the divorce being granted to both parties; that the property was divided in an inequitable manner; and that the trial court should have ordered rehabilitative alimony rather than alimony in futuro. We affirm the grant of divorce to the wife and the property division, but modify the alimony award.
Williamson
Court of Appeals
Omawali Ashanti Shabazz, a/k/a Fred Dean vs. Donal Campbell, et al M2000-01780-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ellen Hobbs Lyle
Appellant, a prison inmate, filed suit under the Tennessee Public Records Act against the Commissioner of the Department of Corrections and others seeking disclosure to him of various records alleged to be public records, together with injunctive relief. The Chancellor dismissed the complaint with prejudice and we affirm the Chancellor.
Davidson
Court of Appeals
State Dept. of Children's Services vs. T.M.L. M2000-01785-COA-R3-JV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Betty Adams Green
The juvenile court granted a petition to terminate parental rights to three of the children of a Nashville woman. On appeal, the mother challenges the termination in regard to her oldest child only, on the ground that it is not in the child's best interest to be permanently separated from her. We affirm the trial court.
