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| 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 | |
| New Covenant Baptist Church vs. Panther Sark
E2002-02693-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
|
Knox County | Court of Appeals | 05/13/03 | |
| Lisa Kay Rogers vs. Richard Barrett Rogers
E2002-02300-COA-R3-CV
In this divorce action, the trial court divided marital property and awarded child support and rehabilitative alimony. Both parties raise issues on appeal. We affirm, as modified.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Howell N. Peoples |
Hamilton County | Court of Appeals | 05/13/03 | |
| Paul Seibers v. Melissa Cunnningham
M2002-02782-COA-R3-CV
This appeal stems from a parental dispute over the custody of a 16-year-old boy and a 12-year-old girl. Their father filed suit in the DeKalb County Juvenile Court seeking to remove the children from their mother's custody because they were dependent and neglected. The juvenile court granted the father custody of his son but decided that his daughter should remain with her maternal grandmother in the custody of the Department of Children's Services. The father pursued a de novo appeal to the Circuit Court for DeKalb County. After the children's mother moved to dismiss the appeal on the ground that it was untimely, the father filed a Tenn. R. Civ. P. 60.02(1) motion seeking relief from his untimely notice of appeal. The circuit court granted the father the requested relief and, following a bench trial, granted the father custody of both children. The mother asserts on this appeal that the circuit court lacked authority to grant the father relief from his untimely notice of appeal and, in the alternative, that the father was not entitled to Tenn. R. Civ. P. 60.02(1) relief for excusable neglect. We have determined that the trial court lacked subject matter jurisdiction to consider the father's Tenn. R. Civ. P. 60.02(1) motion and, therefore, that the father's appeal to the circuit court should have been dismissed because it was untimely.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:John A. Turnbull |
DeKalb County | Court of Appeals | 05/12/03 | |
| In The Matter of : Estate of J.C. Qeener
E2002-02311-COA-R3-CV
Trial Court entered Judgments against Estate for claimants on theories of resulting and/or constructive trusts, finding decedent's intent from a draft copy of Will never executed. On appeal, we affirm in part and reverse in part.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:William H. Russell |
Loudon County | Court of Appeals | 05/12/03 | |
| KHB Holdings vs. Mark Duncan
E2002-02062-COA-R3-CV
KHB Holdings, Inc. ("KHB") sued Mark A. Duncan and Tina L. Duncan ("the Duncans"), alleging that the Duncans had terminated KHB's contract to construct a residence for them. The trial court found that KHB's corporate charter had been revoked two years prior to the date on which KHB ostensibly contracted with the Duncans; denied KHB's motion to substitute its sole shareholder, Kenneth H. Boyd ("Boyd"), for the corporation; and held that KHB had failed to establish it was entitled to recover based upon a theory of quantum meruit. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 05/12/03 | |
| Gloria Chambliss vs. DennisStohler
E2002-02413-COA-R3-CV
Gloria Jean Chambliss saw Dennis L. Stohler, M.D. ("Defendant") for medical care and treatment for problems related to her right knee. Ms. Chambliss was dissatisfied with the results of Defendant's treatment. Ms. Chambliss and her husband, Willie Chambliss ("Plaintiffs") sued Defendant for medical malpractice. Defendant filed a motion for summary judgment, which the Trial Court granted. Plaintiffs filed a Tenn. R. Civ. P. 59.04 motion to alter or amend the judgment and also a motion to allow the filing of an amended affidavit of Plaintiffs' expert. The Trial Court denied the motions to alter or amend. Plaintiffs appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 05/12/03 | |
| Dept of Children's Services vs. RB
E2002-01950-COA-R3-CV
Trial Court terminated father's parental rights for failure to support child. On appeal, we affirm.
Originating Judge:John W. Walton |
Carter County | Court of Appeals | 05/12/03 | |
| Bankers Trust y vs. Timothy Collins
E2002-02109-COA-R3-CV
In this declaratory judgment action, the Trial Court held that recorded trust deeds and notes had priority over unrecorded trust deeds and notes and dismissed the action. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 05/12/03 | |
| Willis Edwards vs. Katherine Heckmann
E2002-02292-COA-R3-CV
This appeal involves a boundary line dispute between Willis Edwards and Wendall Edwards ("Plaintiffs") and Katherine and Gregory Heckmann ("Defendants"). Plaintiffs and Defendants presented proof from their respective surveyors regarding the appropriate boundary line for the disputed area of land. The surveyors testified in detail regarding the natural and artificial landmarks, etc., they relied upon in arriving at their differing conclusions. The Trial Court concluded Defendants' surveyor was accurate and entered judgment accordingly. Plaintiffs appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Billy Joe White |
Claiborne County | Court of Appeals | 05/12/03 | |
| E.C. Mitchell v. Larry Mitchell
M2001-01609-COA-R3-CV
This case comes before the Court upon consideration of the record and Appellant's brief pursuant to this Court's order filed on April 3, 2002. Appellant, Evalina Casey Cheadle Mitchell, hereinafter referred to as the Mother, seeks relief from the trial court's sua sponte order requiring the parties to mediate certain issues, requiring the minor children to attend periodic counseling and requiring the parties to submit to counseling themselves. We reverse the trial court's order and remand this case for a full hearing consistent with Tennessee Code Annotated section 36-6-401, et seq.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 05/12/03 | |
| Fred Slaughter vs. Laura Slaughter & Daniel Crowe
E2002-02477-COA-R3-CV
The Trial Court gave Judgments for plaintiffs against defendants and cross-defendant Slaughter was given Judgments for compensatory and punitive damages against co-defendant Crowe and her deed to Crowe was voided. On appeal, we affirm all Judgments except for the Judgment for punitive damages which is remanded for trial on damages.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:G. Richard Johnson |
Washington County | Court of Appeals | 05/12/03 | |
| Big Nine Productions vs. International Creative Management
E2002-02452-COA-R3-CV
DLLP, LLC, dba Big Nine Productions ("DLLP") sued International Creative Management, Inc., aka ICM ("ICM") and Rock On Tours, Inc. (collectively "the defendants") for damages and other relief arising out of the alleged failure of the defendants to follow through with a concert featuring the defendants' principal, a musical group known as the Moody Blues. The defendants moved the court to compel arbitration under an alleged agreement providing for arbitration in New York City. The trial court ordered arbitration, but decreed that it would be conducted in Chattanooga. The defendants appeal, arguing that the trial court was without authority to order arbitration other than in New York City. By way of a separate issue, the appellee, DLLP, contends that the trial court ordered "non-binding" arbitration and that it erred in doing so in the absence of the parties' consent, said consent being required by Tenn. Sup. Ct. R. 31, Sec. 3(d). It seeks an outright reversal of the court's order. We hold that the trial court ordered "binding" arbitration; that such arbitration was required under the terms of the parties' agreement; and that the trial court erred in failing to order that the arbitration would be conducted in New York City. Accordingly, we modify the trial court's order. As modified, the order is affirmed.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 05/12/03 | |
| Kay Baker Wright, et al., v. 304 Broadway, L.L.C.
M2002-00952-COA-R3-CV
The Circuit Court of Davidson County granted summary judgment to the owner of a building in a slip and fall case. We concur with the trial court in its conclusion that the defendant did not owe the plaintiff a duty to make its premises safer and that the plaintiff's own negligence was more than 50 percent of the cause of the accident. We affirm.
Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Judge Carol L. Soloman |
Davidson County | Court of Appeals | 05/06/03 | |
| Michael S. Sanders v. Diane H. Sanders
M2001-02694-COA-R3-CV
The Chancery Court of Sumner County declared the parties divorced, divided the marital property, and awarded the wife rehabilitative alimony. On appeal the wife argues that since her conservator executed her counterclaim for divorce, the court had no jurisdiction to award her a divorce. She also contests the amount and duration of the alimony awarded to her. We affirm the divorce, but we reverse the award for rehabilitative alimony and modify the award to alimony in futuro. We remand for a hearing as to the amount.
Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Chancellor Tom E. Gray |
Sumner County | Court of Appeals | 05/06/03 | |
| Dept of Children's Srvcs. vs. L.F.
E2002-02209-COA-R3-JV
The trial court terminated the parental rights of L.F. ("Mother") with respect to her minor child, D.F. (DOB: January 28, 1994) ("the child"). Mother appeals, essentially arguing that the evidence preponderates against the trial court's dual findings, by clear and convincing evidence, (1) that statutory grounds for termination exist and (2) that termination is in the best interest of the child. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Dwight E. Stokes |
Sevier County | Court of Appeals | 04/30/03 | |
| Jack Parks vs. Chuck Rich
E2002-02014-COA-R3-CV
Jack H. Parks sued Chuck Rich, the owner of an apartment complex. Parks initially complained of a back injury resulting from his jumping off a first floor balcony railing, and irritation to his body caused by a bug spray applied in his apartment unit, both of which incidents occurred at the complex. The trial court granted the defendant's motion for summary judgment. The plaintiff appeals, contending that summary judgment is not appropriate with respect to the bug spray matter and that the trial court erred with respect to certain discovery matters. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jean A. Stanley |
Washington County | Court of Appeals | 04/30/03 | |
| William Williams vs. Marla Barnes-Mason
E2002-01442-COA-R3-CV
Primary residential custody was awarded to mother. Father appealed. We affirm.
Originating Judge:Mindy Norton Seals |
Hamblen County | Court of Appeals | 04/30/03 | |
| In Re: Adoption of Samuel Downey, et.al. vs. Catherine Downey
E2002-01972-COA-R3-CV
The Trial Court approved adoption of three minor children by sister of biological mother. Mother appealed, insisting Georgia Court decree terminating her parental rights to the children was defective. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 04/30/03 | |
| In Re: Crystal Michelle Moats
E2002-01635-COA-R3-JV
This is a paternity case. Following DNA testing, the parties agreed that Randy L. Garner ("Father") is the biological father of Crystal Michelle Moats (DOB: August 13, 1985) ("the child"). The issues remaining before the trial court were "current support, past due support, and medical payments." Following a bench trial, the court addressed these issues. As pertinent to this appeal, the trial court awarded Mother $1,000 as support for the child from her date of birth to the date of filing of the paternity petition, i.e., September 18, 2000. Mother appeals, contending that the trial court erred in setting the amount of retroactive support for the period prior to the filing of the petition. We vacate the trial court's award of $1,000 and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:William T. Denton |
Blount County | Court of Appeals | 04/29/03 | |
| In Re: Estate of James H. Williams
M2000-02434-COA-R3-CV
This case began as four separate cases which were consolidated. All four cases arose from the divorce of James Hollister Williams and Kathyrn L. H. Williams, his untimely death, and the probate and distribution of assets in his sizeable estate. The trial court upheld the validity of the divorce by denying Ms. Williams relief under Tenn. R. Civ. P. 60.02, awarded several annuities to Ms. Williams based on her status as the named beneficiary, ordered her to pay the estate taxes resulting from those annuities, and approved part of a claim filed by Ms. Williams against the Estate, but denied part. We affirm the decisions of the trial court upholding the validity of the divorce and awarding the annuities to Ms. Williams, but vacate the order granting the Estate a judgment against Ms. Williams for the estate taxes on the annuities. We also affirm in part and reverse in part the decision of the trial court with respect to the claim against the Estate, and hold that the entire claim should have been denied.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Jeffrey S. Bivins |
Williamson County | Court of Appeals | 04/28/03 | |
| Nannie Sneed v. The Estate of Marie Bright Witherspoon, Deceased, James Morton, Senior, et al.
M2002-00237-COA-R3-CV
This appeal involves a claim filed against an estate for personal services rendered to a decedent. The lower court granted the estate's motion to dismiss, finding that the claim was time barred, the claimant had received compensation for her services, and there was no evidence of "fraud, tort, deceit, or concealment." The parties raise multiple issues on appeal. For the following reasons, we affirm
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:David Loughry |
Rutherford County | Court of Appeals | 04/28/03 | |
| W2002-01642-COA-R3-CV
W2002-01642-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 04/25/03 | |
| Property of Katie Mae High v. Champion Roofing &Amp;
W2002-01941-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 04/25/03 | |
| Sarah High vs. James High
W2001-01558-COA-R3-CV
This case involves an appeal from the trial court's determination of Appellant's child support and alimony arrearages, as well as the denial of a request to modify a previous award of alimony and child support. We affirm in part, reverse in part, and remand for further proceedings.
Authoring Judge: Judge David R. Farmer
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 04/25/03 |