Jerome Felix Havely vs. Almeda Matthews Havely
E2000-02275-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Joyce M. Ward
In 1983, Jerome Felix Havely and Almeda Matthews Havely were divorced. They had entered into a Property Settlement Agreement which was incorporated into the Judgment of Divorce ("Divorce Judgment"). Neither the Divorce Judgment nor the Property Settlement Agreement mentioned the military pension of Jerome Felix Havely ("Plaintiff"). Approximately one month after the entry of the Divorce Judgment, Almeda Matthews Havely ("Defendant") filed a motion essentially seeking relief under Tenn. R. Civ. P. 60.02 in which she alleged that the Divorce Judgment should be set aside because she had not been aware of her entitlement to Plaintiff's military pension. This motion was dismissed in 1984 by the trial court for failure to prosecute. This matter lay dormant for fourteen plus years until Defendant filed two more Rule 60.02 motions. Defendant's third and final Rule 60.02 motion, filed in 1999, is the subject of this appeal. After three notices of hearing were filed, the trial court dismissed Defendant's motion without providing its reasons for the dismissal. Defendant appeals. We affirm.
Hamblen
Court of Appeals
Sherri Vaughn vs. Nathan Vaughn
E2000-02281-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: L. Marie Williams
In this divorce case, the husband has appealed the award of alimony, child visitation and support, and the Court's division of marital property. We affirm.
Hamilton
Court of Appeals
E2000-02221-COA-R9-CV
E2000-02221-COA-R9-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: W. Neil Thomas, III
Hamilton
Court of Appeals
Provident Life & Accident Ins. vs.Tina Shankles, et al
E2000-02073-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: W. Neil Thomas, III
This is an interpleader bill filed by Provident Life and Accident Insurance Company against four named Beneficiaries in a policy of insurance issued to their father, Arnold Joe Johnson. Two of the Beneficiaries were children by a former marriage of Mr. Johnson, who were added as such shortly before his death. The two Beneficiaries by a subsequent marriage insisted that the provisions of a divorce decree precluded Mr. Johnson from adding his other two children as Beneficiaries. The Trial Court found that all four should share in the proceeds of the policy equally and entered a summary judgment to that effect. We vacate and remand.
Hamilton
Court of Appeals
Catherine Jackson vs. Bruce Jackson
E2001-00287-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Samuel H. Payne
Catherine Dean Jackson ("Plaintiff") filed a Complaint for divorce against her husband, Bruce Lane Jackson ("Defendant"). The parties entered a stipulation, which was approved by the Trial Court, in which they agreed both parties were entitled to a divorce and agreed that Plaintiff be granted custody of their minor child. The parties, however, did not agree on the remaining issues of alimony and the division of marital property and liabilities. Over approximately four years, the Trial Court referred these issues to a Special Master on three occasions. Upon each referral by the Trial Court, the Special Master held a hearing in which he heard arguments and, during the first two hearings, heard testimony from the parties and witnesses. After each hearing, the Special Master filed his report, but did not file a transcript of the hearing with the report as required by Tenn. R. Civ. P. 53.04(1). Among other findings, the Special Master recommended that Plaintiff receive "rehabilitative alimony for life . . . " in the amount of $1,000 per month and that Defendant pay the parties' entire 1994 tax liability. With the exception of modifying the Special Master's alimony recommendation to alimony in futuro, the Trial Court adopted the Special Master's recommendations which precipitated Defendant's appeal. Due to the Special Master's failure to comply with Tenn. R. Civ. P. 53.04(1), we vacate the portion of the the Trial Court's judgment relative to alimony and the 1994 tax liability, affirm the remainder of the judgment, and remand.
Hamilton
Court of Appeals
Mary Regina Blalock v. Travelers Insurance Company,
W2000-01616-WC-R3-CV
Authoring Judge: Joe C. Loser, Jr., Sp. J
Trial Court Judge: Karen R. Williams, Judge
The appellant, Travelers, insists (1) the trial court improperly applied the last injurious injury rule, (2) the trial court erred by assuming certain facts and taking judicial notice of matters not in evidence, (3) the trial court erred by giving deference to the opinion of an evaluating physician instead of a treating physician and (4) the award of benefits based on 25 percent to both arms is excessive. As discussed below, the panel has concluded the judgment should be affirmed.
Shelby
Workers Compensation Panel
Darra Mcmillin v. Mckenzie Special School District,
W2000-02165-WC-R3-CV
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Trial Court Judge: Julian Guinn, Judge
In this appeal, the Second Injury Fund (the Fund) insists the trial court erred in (1) awarding permanent total disability benefits and (2) apportioning the award between the Fund and the employer. The employer insists (1) the employee's injury is not compensable, (2) the trial court erred in commuting one-half of the award to a lump sum, and (3) the trial court erred in awarding the employee a scooter and special bed. As discussed below, the panel has concluded judgment should be modified by reducing the lump sum, because it exceeds the statutorily allowed maximum, but otherwise affirmed.
Carroll
Workers Compensation Panel
Dorothy Pirtle v. Royal Insurance Company
W2000-00867-WC-R3-CV
Authoring Judge: Joe C. Loser, Jr., Sp. J
Trial Court Judge: W. Michael Maloan, Chancellor
In this appeal, the employer's insurer insists (1) the award of benefits based on 75 percent permanent partial disability to both arms is excessive and (2) the trial court erred in awarding as discretionary costs an independent medical examiner's fee for examining and evaluating the injured employee. As discussed below, the panel has concluded the award of disability benefits should be affirmed and the award of discretionary costs modified.
Kenneth Warren v. Columbia/HCA Healthcare, Nashville Memorial Hospital
M2000-02579-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Barbara N. Haynes
This is a malicious prosecution case. The defendants obtained a warrant against the plaintiff after observing a man matching the plaintiff's description attempting to break into a car on the defendants' property. After a jury trial, the plaintiff was found not guilty. Subsequently, the plaintiff instituted a lawsuit against the defendants for malicious prosecution. The trial court granted the defendants' motion for summary judgment and the plaintiff now appeals. We affirm, finding that the defendants acted with probable cause and without malice in obtaining the warrant.
Davidson
Court of Appeals
Humphreys County Utility Dist. vs. Schatz Underground Cable, Inc.
M2000-02650-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Allen W. Wallace
In this negligence action, Plaintiff sued Defendant for damages in connection with the rupture of a gas line. Following a bench trial, the trial court entered judgment for Plaintiff. Defendant appeals. We affirm.
Humphreys
Court of Appeals
Jerry Moore vs. NES
M2000-03186-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Irvin H. Kilcrease, Jr.
Three civil service employees sued Nashville Electric Service and the individual members of the civil service board primarily for violation of the age provision of the Tennessee Human Rights Act resulting in their denial of promotions. The trial court granted summary judgment to defendant, and plaintiffs appeal. We affirm.
The defendant was convicted of second degree murder by a Shelby County jury in the shooting death of his girlfriend. He was sentenced to twenty years as a standard offender, with his sentence to be served without parole eligibility in the Tennessee Department of Correction. In this appeal as of right, the defendant raises one issue: whether the trial court erred in admitting the testimony of the mother of the victim concerning a prior alleged assault on the victim by the defendant. We conclude that the evidence was admissible, having satisfied all three conditions for admissibility of evidence of prior bad acts pursuant to Tennessee Rule of Evidence 404(b)(1)-(3). The judgment of the trial court is affirmed.
Shelby
Court of Criminal Appeals
State of Tennessee v. Darrin Bryant
W2000-01136-CCA-R3-CD
Authoring Judge: Judge L. Terry Lafferty
Trial Court Judge: Judge Carolyn Wade Blackett
After a jury trial, Defendant, Darrin Bryant, was convicted of attempted first degree murder. Subsequently, he was sentenced to twenty-five (25) years, Range I, Standard Offender in the Department of Corrections. In this appeal as of right, Defendant asserts that the trial court erred in sentencing Defendant to the maximum sentence of twenty-five (25) years by inappropriately applying an enhancement factor; and the State failed to present sufficient evidence to justify a rational trier of fact in finding beyond a reasonable doubt, that the assault was an attempt to commit premeditated murder. We conclude that the evidence was sufficient to support the conviction and that the trial court did not err in sentencing Defendant to the maximum of twenty-five (25) years in the Department of Corrections.
Shelby
Court of Criminal Appeals
Lindsay Taylor vs. Al Beard, et al
W2001-00347-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Robert L. Childers
This appeal involves a grant of summary judgment, which dismissed loss of parental consortium claims brought by the children of a parent injured in an automobile accident. The children seek review of existing Tennessee precedent that fails to recognize loss of parental consortium causes of action resulting from the personal injury of a parent. For the following reasons, we affirm the decision of the trial court and decline to create a new cause of action.
Shelby
Court of Appeals
James Ferguson vs. Debbie Warren
W2001-00217-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: J. Steven Stafford
This case involves child visitation with a prison inmate. The child's father has been incarcerated since 1994 at the Northwest Correctional Facility in Lake County, Tennessee. The child resides with his mother in Weakley County, Tennessee. In 1997, the father filed a petition in the Lake County Chancery Court seeking an order requiring the child's mother to allow the father to communicate with his child. The mother failed to respond to the petition. In April 1999, the Lake County Chancery Court sua sponte dismissed the petition, finding that it should have been filed in Weakley County. This Court reversed, holding that lack of venue was a defensewhich was waived when the mother failed to respond. After the case was remanded, the mother sent a letter to the Lake County Chancery Court, advising that a paternity petition had been filed in the Weakley County Juvenile Court. Thereafter, the Lake County Chancery Court transferred the father's petition to the Weakley County Juvenile Court to be determined in conjunction with the paternity petition. The father now appeals the transfer of his petition. We affirm, finding that the trial court acted within its authority in transferring the case to a court with concurrent jurisdiction.
Lake
Court of Appeals
William Winchester vs. Glenda Winchester
W2000-01764-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Don H. Allen
In a post-divorce proceeding, father filed a "motion" to increase visitation with his minor child. The trial court found that there had been no material change of circumstances since the entry of the prior visitation order and denied the "motion." Father has appealed. We affirm.
Chester
Court of Appeals
Michael Thomas v. State of Tennessee
W2000-01886-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge James C. Beasley, Jr.
The Defendant, Michael Thomas, appeals as of right from the denial of post-conviction relief after an evidentiary hearing. On appeal, he asserts that his guilty plea was not knowing and voluntary and that he was denied the effective assistance of counsel. We find no merit to the Defendant's assertions; thus, we affirm the judgment of the trial court.
Shelby
Court of Criminal Appeals
Roger Ritchie, et al vs. Tommy Pitner, et al
E2000-02689-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Dale C. Workman
This lawsuit arises out of a Letter of Intent entered into between two of the various parties to this action. The trial court entered judgment on the issue of which party was entitled to possession of the property, but did not rule on any of the remaining claims. Because the judgment appealed from is not a final judgment for purposes of Rule 3 of the Tenn. R. App. P., we dismiss the appeal.
Knox
Court of Appeals
Lisa Hughes, et vir vs. Wilma Effler, et al
E2000-03147-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Dale Young
Plaintiffs alleged that defendant appraiser's negligence in making an appraisal resulted in their damage. The Trial Court granted defendant summary judgment. Plaintiffs appeal the refusal of the Trial Judge to grant them additional time to defend the summary judgment motion. We affirm.
Linda Green, M.D. and Steve Ferguson, M.D. vs. United Services Automobile Association and Principal Mutual Life Insurance Company
E2000-02713-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: John F. Weaver
Linda Green, M.D., and Steve Ferguson, M.D. ("Plaintiffs"), who are married, filed a Complaint for Declaratory Judgment ("Complaint") against their automobile insurance carrier, United States Automobile Association, or USAA, regarding a dispute over the terms of their insurance policy ("Policy"). Plaintiff Green claimed coverage under their Policy's uninsured/underinsured motorist liability section for her physical injuries, medical expenses, and loss of income resulting from an automobile accident. Plaintiff Ferguson claimed coverage for loss of consortium. Defendant contends that the Policy limits Plaintiff Ferguson's loss of consortium claim to the $300,000 each person coverage already extended to Plaintiff Green. After Plaintiffs filed suit disputing this interpretation of the Policy, Defendant filed a Motion for Summary Judgment which was granted by the trial court. Plaintiffs appeal. We affirm.
Loue Manning vs. K-Trans Mgt , Inc.
E2000-02462-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Daryl R. Fansler
Loue G. Manning appeals a summary judgment granted in favor of K-Trans Management, Inc., as to his suit seeking damages for violation of the Tennessee Human Rights Act and intentional infliction of emotional distress as a result of his termination by K-Trans. We find there is no material evidence to support his insistence that he was terminated because of his race and affirm the judgment below.
