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| Louis Federico v. Aladdin Industries
M2002-02351-COA-R3-CV
Louis Federico ("Plaintiff") began working for Aladdin Industries, LLC ("Aladdin") after they agreed in writing to his terms of employment. Among other things, they agreed Plaintiff would receive an annual salary of $180,000, plus a guaranteed bonus in the first year of $72,000. They also agreed to a separation package which provided that should Plaintiff lose his job other than through his own volition, he would receive "12 months' salary, prorated bonus and outplacement services." Plaintiff's position was eliminated before his first year of employment was completed. Plaintiff filed this lawsuit claiming the language in the separation package entitled him to a "separation bonus" of $72,000 in addition to the guaranteed first year bonus in the same amount. Aladdin disagreed, arguing Plaintiff was not entitled to any additional bonus over and above the guaranteed first year bonus because he never began working a second year. The Trial Court agreed with Aladdin and dismissed Plaintiff's complaint. Plaintiff appeals, and we affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 05/20/03 | |
| W2002-01532-COA-R3-CV
W2002-01532-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 05/20/03 | |
| Department of Children's Srvcs vs. B.L.K. & E.C.C.
E2002-01724-COA-R3-JV
The State of Tennessee, Department of Children's Services ("DCS") obtained temporary custody of the five minor children of B.L.K. ("Mother") after Mother requested assistance from DCS because of her inability to care for the children due to her mental and financial condition. DCS later sought to terminate Mother's parental rights. Custody of Mother's two oldest children was transferred to their biological father. After a trial concerning Mother's parental rights to her three youngest children, the Juvenile Court determined there were sufficient grounds to terminate Mother's parental rights and that doing so was in the best interests of the children. Mother appeals, claiming DCS failed to prove by clear and convincing evidence that there were sufficient grounds to terminate her parental rights. Mother also claims DCS failed to prove by clear and convincing evidence that termination of her parental rights would be in the best interests of the children. We affirm the Juvenile Court's judgment.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Suzanne Bailey |
Hamilton County | Court of Appeals | 05/20/03 | |
| Dennis Joslin Co. vs. William Johnson
W2002-01427-COA-R3-CV
This appeal arises from the order of the lower court denying Joslin's request for a deficiency judgment against Johnson. Joslin based its request upon a December 13, 1990 order of the Chancery Court of Madison County, Tennessee that obligated Johnson to repay a debt to FANB, Joslin's predecessor in interest. The lower court denied Joslin's prayer for relief, and discharged Johnson's obligation to satisfy the prior judgment, for two reasons. First, the lower court based its judgment on the failure of FANB to dispose of Johnson's collateral in a commercially reasonable manner. Second, the trial court found that the doctrine of laches bars Joslin's claim. For the following reasons, we affirm the ruling of the lower court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 05/20/03 | |
| Condy Wilson vs. Charlsa Wilson
E2002-01636-COA-R3-CV
In this divorce case, the husband's issues on appeal are the distribution of marital property and the allocation of marital assets and debts made by the Trial Court. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Conrad E. Troutman, Jr. |
Campbell County | Court of Appeals | 05/19/03 | |
| W2002-02092-COA-R3-CV
W2002-02092-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 05/19/03 | |
| James Smith v. Patricia Caldwell
M2002-02509-COA-R3-CV
In this action to enforce foreign judgment, defendant attempted to appeal the actions of the Trial Court. We dismiss the appeal.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Ross H. Hicks |
Montgomery County | Court of Appeals | 05/19/03 | |
| W2003-00361-COA-R3-CV
W2003-00361-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Jon Kerry Blackwood |
Fayette County | Court of Appeals | 05/19/03 | |
| CH-01-1306-3
CH-01-1306-3
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 05/19/03 | |
| CH-01-2271-2
CH-01-2271-2
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 05/19/03 | |
| Security Fire Protection v. Joe B. Huddleston
W2002-01175-COA-R3-CV
Security Fire Protection Company challenged the Commissioner of Revenue's assessment of sales and use taxes arising from an audit of Security Fire's transactions with out-of-state customers from January 1, 1990, through March 31, 1993. The Shelby County Chancery Court granted the Commissioner's motion for summary judgment, holding 1) material purchased in Tennessee under a certificate of resale were not resold for purposes of the sales tax exemption; 2) material purchased by Security Fire out of Tennessee, stored and partially fabricated in Tennessee, and utilized by Security Fire in performance of contracts out of Tennessee was subject to Tennessee use tax; and 3) no credit was due for taxes paid out-of-state. We affirm the judgment of the trial court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 05/19/03 | |
| Marie B. Jennings v. Sewell-Allen, Inc., D/B/A Megamarket,
W2002-01663-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 05/19/03 | |
| W2002-02767-COA-R3-CV
W2002-02767-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Dewey C. Whitenton |
Hardeman County | Court of Appeals | 05/16/03 | |
| Jerry Ray, Executor of The Estate of James Earl Ray v. State Of
W2002-01611-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 05/16/03 | |
| W2002-03045-COA-R3-JV
W2002-03045-COA-R3-JV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Christy R. Little |
Madison County | Court of Appeals | 05/16/03 | |
| Wayne Bailiff v. State
M2001-01936-COA-R3-CV
In these consolidated appeals a wife appeals the order of the Tennessee Claims Commission dismissing her claim for loss of consortium because it was not brought as a part of her husband's claim, and the husband and wife appeal the Davidson County Circuit Court's denial of their motion to amend to add the wife's claim to the husband's action against the State of Tennessee and other defendants. We reverse the action of the Claims Commission and remand the wife's claim to the Circuit Court for trial.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 05/14/03 | |
| Neil Friedman vs. Lynn W. Brown
E2002-01615-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:William H. Inman |
Carter County | Court of Appeals | 05/14/03 | |
| Neil Friedman vs. Lynn W. Brown
E2002-01615-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
|
Carter County | Court of Appeals | 05/14/03 | |
| City of Knoxville vs. Lumari Harshaw
E2002-02519-COA-R3-CV
While on patrol, Officer Gerald Thomas George ("the Officer") heard a "thumping bass noise" coming from a vehicle "at least 100 yards" away. The Officer stopped the vehicle and issued a citation for violation of section 18-5 of the City of Knoxville noise ordinance ("Ordinance") to the driver, Lumari Harshaw ("Defendant"). The Trial Court found Defendant violated the Ordinance. Defendant appeals claiming the City of Knoxville ("City") failed to prove an element of the charge, specifically that the noise was "audible to a person of normal hearing sensitivity more than fifty (50) feet from [the] vehicle." We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 05/14/03 | |
| Emma Johnson vs. Knox County Board of Education
E2003-00248-COA-R3-CV
Plaintiff Johnson slipped and fell where water was in school's hallway. Defendants were granted Judgment on ground they had no notice of condition of hallway. We reverse and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 05/13/03 | |
| Mitch Stooksbury vs. American National Property
E2002-02385-COA-R3-CV
Mitch and Gina Stooksbury ("Plaintiffs") purchased homeowners insurance from American National Property and Casualty Company ("Defendant"). After Plaintiffs' home was destroyed by fire, they were informed by Defendant that their insurance policy had been cancelled prior to the date of loss because of an underwriting risk arising from missing railing on a deck. Defendant claimed to have mailed a cancellation notice and refund check to Plaintiffs in accordance with the terms of the policy. Plaintiffs denied receiving the cancellation notice or refund check. A jury concluded Defendant failed to prove by a preponderance of the evidence that it mailed the cancellation notice to Plaintiffs. The jury also concluded Defendant acted unfairly and in bad faith, and that Defendant's failure to pay the loss was through fraudulent and deceptive practices. The Trial Court entered a judgment for Plaintiffs in the amount of $92,750, for damages pursuant to the insurance contract, plus prejudgment interest on that $92,750. The Trial Court also assessed a 25% bad faith penalty and an additional 5% for punitive damages. Both parties appeal. We affirm the judgment for Plaintiffs in the amount of $92,750 and the prejudgment interest awarded on that $92,750. The bad faith penalty and award of punitive damages is reversed.
Authoring Judge: Judge David Michael Swiney
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 05/13/03 | |
| Jeffrey Edmisten v. Kathy Edmisten
M2001-00081-COA-R3-CV
Wife sought separate maintenance and support. After a two year separation during the pendency of Wife's petition, Husband sought a divorce on the statutory ground of the separation. Wife opposed the divorce. The trial court dismissed Husband's counter-complaint, awarded Wife a legal separation, divided the marital property, and awarded alimony in futuro to Wife. Husband appeals, challenging not only the trial court's decision not to award a divorce, but also the division of marital property and award of alimony to Wife. We affirm in part, reverse in part, and modify the trial court's order.
Authoring Judge: Presiding Judge Patricia J. Cottrell
|
Williamson County | Court of Appeals | 05/13/03 | |
| New Covenant Baptist Church vs. Panther Sark
E2002-02693-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas R. Frierson, II |
Knox County | Court of Appeals | 05/13/03 | |
| Vickie Nash vs. Thomas Nash
E2002-01597-COA-R3-CV
This appeal of a judgment for divorce entered by the Knox County Circuit Court questions whether the Trial Court erred in its classification and division of a 401(k) retirement account and in its award of rehabilitative alimony. We affirm in part, modify in part and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:William K. Swann |
Knox County | Court of Appeals | 05/13/03 | |
| Sam Weaver vs. Knox County Board of Zoning Appeals
E2002-02000-COA-R3-CV
Sam C. Weaver filed a petition for writ of certiorari, seeking an order of the trial court setting aside the decision of the Knox County Board of Zoning Appeals ("the BZA") granting Crown Communications, Inc., and BellSouth Personal Communications, Inc., dba Cingular Wireless, (collectively "the cellular companies") permission to construct a 195-foot cellular tower on property owned by one of Weaver's neighbors. The trial court dismissed the petition. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John F. Weaver |
Knox County | Court of Appeals | 05/13/03 |