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| Dpt. of Child. Services vs. DLSJ
E2002-00241-COA-R3-JV
The Trial Court on petition of the Department, terminated the mother's parental rights to the child. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Carey E. Garrett |
Knox County | Court of Appeals | 05/29/03 | |
| Sherman Henderson v. Charles Traughber
M2002-02358-COA-R3-CV
Plaintiff denied parole by the Board of Probation and Parole filed appeal with Chancery Court which was denied. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 05/28/03 | |
| Cynthia Barnett v. Barbara Behringer
M1999-01421-COA-R3-CV
This appeal involves a dispute between the owners of units in a duplex arising out of the plans of one owner's tenants to build a free-standing storage building on her lot. The owner who opposed the storage building filed suit in the Chancery Court for Davidson County seeking an injunction against violating restrictive covenants and zoning regulations, as well as damages for trespass. The trial court granted the defendant owner's and tenants' motion for summary judgment and dismissed the complaint. On this appeal, the owner who objected to the storage building asserts that material factual disputes should have prevented the trial court from granting the summary judgment and that her neighbor and her neighbor's tenants had not demonstrated that they were entitled to a judgment as a matter of law. We have determined, as a matter of law, that the proposed storage building does not violate the restrictive covenants or applicable zoning regulations and that the plaintiff is not entitled to injunctive relief. Accordingly, we affirm the summary judgment dismissing the complaint.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 05/27/03 | |
| Patricia Conley v. State
M2002-00813-COA-R3-CV
This is an appeal from the Claims Commission. The Claims Commissioner dismissed both claims alleged by Ms. Conley on the motion of the State. Additionally, the Claims Commissioner found that the State is not a governmental entity for the purposes of Tennessee Code Annotated section 20-1-119(g). For the following reasons, we reverse and remand.
Authoring Judge: Presiding Judge Alan E. Highers
|
Court of Appeals | 05/27/03 | ||
| Troy Allen Thompson v. Elisa Connell Hulbert
W2003-01275-COA-RM-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:A. V. Mcdowell |
Shelby County | Court of Appeals | 05/27/03 | |
| State ex rel Moore & Assoc. v. Terrence Cobb
M2002-00504-COA-R3-CV
This is an appeal of a denial of a writ of mandamus. Moore & Associates requested the lower court to require the Department of Codes Administration to issue an occupancy permit for the Hilton Garden Inn pursuant to the Metropolitan Code, Title 16, Chapter 36, Section 020(A). The Department of Codes Administration refused to issue the occupancy permit for the building because it felt that the landscape buffer yard did not comply with plans submitted. The trial court agreed with the Department and found that the term "building" includes the landscape buffer yard. For the following reasons, we reverse.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 05/27/03 | |
| Bob Kielbasa, et al v. B & H Rentals
M2002-00129-COA-R3-CV
Plaintiffs appeal from the action of the trial court dismissing their Complaint for Declaratory Judgment on the basis that it is barred by the statute of limitations. A previous Petition for Writ of Certiorari under Tennessee Code Annotated section 27-9-101 had been dismissed by the Chancery Court of Wilson County because it was filed after the limitation period provided by Tennessee Code Annotated section 27-9-102 had expired. That dismissal was upheld on appeal and this suit for declaratory judgment followed. The trial court correctly dismissed the complaint because of the expiration of the statute of limitations.
Authoring Judge: Judge William B. Cain
Originating Judge:John D. Wootten, Jr. |
Wilson County | Court of Appeals | 05/22/03 | |
| Chattanooga-Hamilton County Hospital Authority vs. Ade Oni, M.D.
E2002-01758-COA-R3-CV
Action on lease and trial court awarded judgment for rent and expenses. On appeal, we affirm as modified.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jacqueline E. Schulten |
Hamilton County | Court of Appeals | 05/22/03 | |
| Joseph Houston vs. Charles Mounger
E2002-00779-COA-R3-CV
After judgment was entered, certain inaccuracies, deemed to be clerical errors in an engineering survey of extensive properties, were discovered which were resolved by the trial court following hearings, and the judgment was corrected or amended over the appellant's objections. This appeal followed, but no transcript of the proceedings was filed, and the appellant's purported Statement of the Evidence did not receive the approbation of the Chancellor. Consequently, the appellant court must assume that the evidence was sufficient to support the judgment, and the appeal is dismissed.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Frank V. Williams, III |
Roane County | Court of Appeals | 05/22/03 | |
| In Re: Estate of Donald Lee Keith
E2002-02056-COA-R3-CV
This is a will contest. Freddie A. Johnson and wife, Marie Johnson ("the grandparents"), filed a petition to probate the holographic will of their grandson, Donald Lee (D.J.) Keith, Jr. ("the decedent"). The decedent's widow, Alexis Keith ("the wife"), and his minor daughter, Kassce Mae-Kyle Keith ("the minor child"), contested the alleged will, arguing that it did not constitute a valid holographic will. The trial court granted the motion for summary judgment filed by the wife and the minor child, holding that the document under contest was not a last will and testament. The grandparents appeal, contending that summary judgment is not appropriate. We vacate the trial court's judgment and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jeffrey F. Stewart |
Bledsoe County | Court of Appeals | 05/22/03 | |
| In Re: Estate of Flora King vs. John B. Oakley
E2002-01745-COA-R3-CV
In this will contest, the Trial Court granted the Executor summary judgment upholding the Will. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Richard R. Vance |
Sevier County | Court of Appeals | 05/21/03 | |
| W2002-01946-COA-R3-CV
W2002-01946-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Donald H. Allen |
Madison County | Court of Appeals | 05/21/03 | |
| Gwendolyn Jackson vs. Zodie Hamilton
W2000-01992-COA-R3-CV
This action arises out of an automobile accident, and Plaintiffs' claimed damages of lost wages, loss of consortium, medical expenses, and pain and suffering. The case was tried before a jury, who found in favor of the Plaintiffs and awarded one of the Plaintiffs $600. Plaintiffs appeal the verdict, and this Court reverses and remands the case for a new trial.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Rita L. Stotts |
Shelby County | Court of Appeals | 05/21/03 | |
| Frank Hooper Lacey v. Karla Suzanne Lacey
W2002-02813-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Dewey C. Whitenton |
McNairy County | Court of Appeals | 05/21/03 | |
| Glenn Basham v. Henry Tillaart
M2002-00723-COA-R3-CV
The plaintiff, Glenn Basham, doing business as Glenn Basham Nursery, sued Henry Tillaart and Martin Tillaart ("the individual defendants"), who are identified in the complaint as Ontario, Canada businessmen, for monies due as a result of a commercial sale of nursery stock. The style of the complaint refers to the trade name of the individual defendants as "Dutchmaster Nurseries." Over six years later, the plaintiff moved the trial court to substitute a Canadian corporation, i.e., "Dutchmaster Nurseries, Ltd.," for the individual defendants. The individual defendants moved to dismiss the complaint for "insufficiency of service of process." They also claimed that the plaintiff's cause of action was barred by the statute of limitation. The trial court denied the motion to amend. It granted the motion to dismiss the complaint. The plaintiff appeals, arguing that the motion to dismiss should have been denied and that he should have been permitted to amend his complaint to name the correct defendant. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jeffrey F. Stewart |
Grundy County | Court of Appeals | 05/21/03 | |
| Thomas Bronson vs. Horace Umphries vs. Norfolk Railway
W2002-01260-COA-R3-CV
This appeal is from judgments on jury verdicts in a wrongful death case and personal injury cases resulting from a collision of a freight train with a vehicle. Suits were filed for the wrongful death and personal injury claims against the railroad, and the passengers in the vehicle also sued the owner and driver of the vehicle. The cases were consolidated for trial, and the jury returned a verdict for defendant railroad in all cases. The jury also returned a verdict awarding damages for plaintiffs' in their suit against the driver and owner of the vehicle. Judgments were entered on the jury verdicts, and all plaintiffs appealed. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 05/21/03 | |
| John Wayne Goodman v. City of Savannah And Savannah
W2002-02898-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Ron E. Harmon |
Hardin County | Court of Appeals | 05/21/03 | |
| Kathleen Earley vs. Robert Earley
W2002-01354-COA-R3-CV
In this divorce case, the final decree granting wife a divorce made a division of marital property but failed to include as part of the marital estate several expenditures made by the husband. Wife asserts that such expenditures constitute a dissipation of assets by the husband and should have been included as part of the marital property. Wife appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 05/21/03 | |
| Marcia McAlexander vs. Albert McAlexander
W2001-02550-COA-R3-CV
This appeal involves two consolidated cases. The first case is a post-divorce proceeding initiated by wife as a Rule 60 motion and petition for contempt to modify and enforce the final decree of divorce as it pertains to the alimony award and division of marital property. In these proceedings, the parties consented to arbitration of all determinative issues, and the award of the arbitrator was confirmed by the trial court. Husband appeals. We affirm as modified. The second case is an appeal of the order of the trial court granting a summary judgment from husband's petition seeking a sale for partition of the parties' former marital home, now held by the parties as tenants by the entirety and with possession awarded to wife until she remarries. The trial court granted summary judgment decreeing a sale for partition. Wife appeals. We affirm, as modified, for a determination on remand of wife's interest in the property by virtue of the award of possessory rights awarded in the final decree.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Rita L. Stotts |
Shelby County | Court of Appeals | 05/20/03 | |
| Gregory Morris vs. Shelby Co.
W2002-01394-COA-R3-CV
This is a claim for on-the-job injury benefits. The plaintiff was a jailer in the defendant county sheriff department. While at work, the plaintiff fell down an escalator onto his knees. He did not receive medical treatment at that time. Over seven months later, the plaintiff began working a shift at the jail that required him to stand during the entire shift, causing pain and swelling in his knees. Consequently, the plaintiff underwent surgery on both of his knees. The plaintiff filed a lawsuit seeking on-the-job injury benefits for the time he was off work recovering from the surgeries. The trial court held that he was not entitled to the benefits, finding that the expert medical testimony did not establish that the condition for which the plaintiff underwent surgery arose out of his employment. The plaintiff now appeals. We affirm, concluding that the evidence does not preponderate against the trial court's finding that the plaintiff had not proved causation.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 05/20/03 | |
| Johnny Gant v. Suncom Wireless
M2002-02574-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 05/20/03 | |
| Town of Oakland v. Town of Somerville,
W2002-02301-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:L. Terry Lafferty |
Fayette County | Court of Appeals | 05/20/03 | |
| M2002-00812-COA-R3-CV
M2002-00812-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 05/20/03 | |
| Paula Bowman v. State
M2002-02616-COA-R3-CV
This is an action against the State for damages for personal injuries sustained by the Appellant when she slipped on the icy surface of a State-owned parking lot. The single Commissioner found in favor of the State. The Claimant requested an en banc hearing which was granted with a concurrent Order entered affirming the single Commissioner, without notice to the Claimant. We vacate and remand.
Authoring Judge: Sr. Judge William H. Inman
|
Court of Appeals | 05/20/03 | ||
| Gloria J. Guinn v. Lucious T. Guinn
W2002-02225-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 05/20/03 |