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| 21st Mortgage ,formerly 21st Century Mortgage Corp. vs. Capitol Homes, LLC
E2002-02670-COA-R3-CV
Ms. Stella Ford ("Ford") purchased a manufactured home from Capitol Homes, LLC ("Capitol Homes") and contractually agreed to make monthly payments. At the same time, Capitol Homes assigned its rights under the contract with Ford to 21st Mortgage Corp. ("Plaintiff") through an Assignment by Seller ("Assignment"). Capitol Homes made twelve express warranties in the Assignment. The Assignment further provided it would be with limited recourse for two months. After the two months expired, Plaintiff sued Capitol Homes and James Hurst ("Hurst")(collectively referred to as "Defendants"). Hurst had personally guaranteed the debt of Capitol Homes. Plaintiff alleged, among other things, that Capitol Homes had breached several of the express warranties. Defendants filed a motion to dismiss claiming the two month limited recourse provision also applied to any claim for breach of express warranty. The trial court agreed, and dismissed the lawsuit. Plaintiff appeals, and we reverse.
Authoring Judge: Judge David Michael Swiney
Originating Judge:G. Richard Johnson |
Washington County | Court of Appeals | 03/17/03 | |
| Ferguson Harbour v. Flash Market
M2002-00750-COA-R3-CV
This case involves a dispute over the validity of a contract. Appellant claims that its signature on the contract was obtained through economic duress and that the contract is, therefore, void. The trial court found for Appellee, awarding compensatory damages and attorney's fees. Appellee contends that the award of attorney's fees was unreasonably low. We affirm the trial court's award of compensatory damages. On the issue of attorney's fees, we reverse the order of the trial court and remand this case for a determination of reasonable attorney's fees consistent with this opinion.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:C. L. Rogers |
Sumner County | Court of Appeals | 03/17/03 | |
| Michael Warden v. Thomas Wortham/Jerry Tidwelll v. Michael Warden
M2002-00364-COA-R3-CV
This case involves specific performance of a real estate contract. The first buyer and the seller entered into a contract for the sale of certain land. The contract did not state a time of performance. After the first buyer failed to perform within the time period understood by the seller, the seller sold the property to the second buyer. The first buyer did not discover the sale to the second buyer until approximately ten months after the second contract was signed and seven months after the transfer. The first buyer filed a lawsuit against both the seller and the second buyer, seeking specific performance of the original contract. The trial court found that the first buyer failed to tender performance within a reasonable time, and granted the second buyer's motion for directed verdict. The first buyer appeals. We affirm, in agreement with the reasoning of the trial court.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Donald P. Harris |
Hickman County | Court of Appeals | 03/17/03 | |
| Jamie Robinson v. Donald Sundquist
M2001-01491-COA-R3-CV
The trial court dismissed this action for failure to state a claim. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 03/17/03 | |
| In Re: M.L.J. and R.R.J., et al
M2002-02213-COA-R3-JV
The Juvenile Court for Sequatchie County terminated respondents' parental rights. We affirm.
Authoring Judge: Judge David R. Farmer
|
Sequatchie County | Court of Appeals | 03/17/03 | |
| Russell Lipsey vs. Protech Sys.
W2001-01785-COA-R3-CV
This is a negligence case. The owner of a three-story historic building was remodeling it. He called a fire sprinkler company to move a sprinkler pipe. The repairman cut one of the sprinkler pipes and, thinking it was a "dead pipe," pushed it behind some sheetrock without capping it. The sprinkler system was regulated by an air compressor that filled the pipes with pressurized air until the system was triggered to allow water to flow through the pipes. The repairman left before the compressor completely charged the system, that is, before the air pressure reached the required level to hold the water back. Two days later, water began rushing out of a sprinkler pipe, causing extensive damage to the building. The owner sued the fire sprinkler company for damage to the building and its contents as well as for interruption of his business. At the trial, there was conflicting testimony about whether the water came out of the pipe that the repairman cut or whether it came out of another pipe. The jury found that both parties were zero percent responsible; thus, the owner recovered no damages. The owner moved for judgment notwithstanding the verdict or for a new trial. Both motions were denied. The owner appeals, and we affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 03/17/03 | |
| Narrowly Tailored To Withstand Strict Scrutiny Under United States v. O'Brien, 391 U.S. 367 (1968).
02273-COA-R3-CV
Originating Judge:Michael R. Jones |
Montgomery County | Court of Appeals | 03/17/03 | |
| Carolyn Mitchell Brown vs. John Hilyee Watson, Jr.
E2004-01229-COA-R3-CV
The Trial Court annulled Brown's marriage at the insistence of her conservator. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 03/14/03 | |
| Rick Williams vs. Angela Williams
E2002-01995-COA-R3-CV
The Trial Court in this divorce action, granted the parties a divorce and divided marital property. The husband appeals, seeking additional marital property. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:James W. Mckenzie |
Rhea County | Court of Appeals | 03/14/03 | |
| Emmerick vs. Mountain Valley Chapel Business Trust
E2002-01453-COA-R3-CV
The trial court dismissed the complaint of Marc D. Emmerick ("the plaintiff") and awarded one of the defendants, Mountain Valley Chapel Business Trust, a judgment on its counterclaim against the plaintiff for $1,416. The plaintiff appeals. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:O. Duane Slone |
Sevier County | Court of Appeals | 03/14/03 | |
| James Kyzer vs. Patty Blackburn
E2002-02254-COA-R3-JV
This is a custody dispute between James Christopher Kyzer, the father of Haleigh Sharee Kyzer, d.o.b. 10/6/93, and the child's maternal grandmother, Patti Blackburn, which arose after Haleigh's mother, the ex-wife of Mr. Kyzer, was killed in an automobile accident. The Trial Judge awarded custody to the father upon his finding that "there has been no showing of substantial risk of harm to the child." We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:C. Van Deacon |
Bradley County | Court of Appeals | 03/14/03 | |
| Wylie B. Dowlen v. Gary Matthews
M2001-03160-COA-R3-CV
This appeal arises from a police officer's lawsuit against a Clarksville resident for assault, defamation, and intentional infliction of emotional distress after the officer responded to a noise complaint at the resident's home. The trial judge directed a verdict for the defendant. We affirm the trial court.
Authoring Judge: Judge Stella L. Hargrove
Originating Judge:John H. Gasaway, III |
Montgomery County | Court of Appeals | 03/14/03 | |
| Carlos Castillion vs. Sarah Castillion
E2002-01310-COA-R3-CV
In this divorce case, the husband questions on appeal the valuation of marital property and distribution made by the Trial Court. We affirm the Trial Court.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 03/13/03 | |
| Charles Head v. James Gibson
M1999-00656-COA-R3-CV
This is an appeal from a judgment granting a motion for summary judgment in favor of State Farm Mutual Automobile Insurance Co. that the uninsured motorist coverage offered to the plaintiffs was not implicated under the circumstances of this litigation. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 03/13/03 | |
| Hoover, Inc. v. Metro Nashville Board of Zoning Appeals
M2001-00924-COA-R3-CV
This is the fourth appeal from a zoning board's denial of a conditional use permit. In April 1992, the petitioner stone processing company filed an application with the respondent zoning board for a conditional use permit to operate a rock quarry. After years of litigation, the board issued findings of fact and denied the petitioner's application. The application was denied in part because the reclamation plan in the petitioner's proposal used water as fill material, contrary to the specification in the applicable ordinance that solids be used as fill material. The petitioner filed a petition for a writ of certiorari, arguing that the board's decision was arbitrary and capricious because reclamation plans using water as fill material had been approved in the past. The trial court denied the writ and upheld the board's decision. The stone processing company appealed. We affirm, finding that the board's decision was not arbitrary or capricious, and that material evidence supported the board's decision.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 03/11/03 | |
| Jeffrey Camporal v. Richard Ford
M2002-01409-COA-R3-CV
This case involves a dispute arising from a Promissory Note executed by and between the Appellant/Maker and Appellee/Payee. Specifically, Appellant asserts that he signed the Note in a representative capacity and, therefore, he is not personally liable on the Note. The Circuit Court of Franklin County granted Appellee's Motion for Summary Judgment, entering a Judgment against Appellant for principal, interest, and costs. Appellant appeals from this Judgment. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Thomas W. Graham |
Franklin County | Court of Appeals | 03/11/03 | |
| Is, As Stated In The Opinion, And As It Is Stated In Ray v. Ray, 83 S.W.2D 726 (Tenn. Ct. App. 2001).
05-00-024-CC
Originating Judge:A. Andrew Jackson |
Dickson County | Court of Appeals | 03/11/03 | |
| 05-00-024-CC
05-00-024-CC
Originating Judge:A. Andrew Jackson |
Dickson County | Court of Appeals | 03/11/03 | |
| David Norman v. Melissa Norman
M2002-01084-COA-R3-CV
This extraordinary appeal arises from the trial court's denial of Husband's petition to reduce child support and alimony. The trial court found there was no significant variance of fifteen percent (15%) to modify child support. The trial court also determined that there was no justification for a decrease in alimony payments. The trial court reserved the issues relating to unclean hands and attorney fees. The parties raise multiple issues on appeal. For the following reasons, we vacate in part, reverse in part and remand.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 03/11/03 | |
| Mill Creek Associates v. Jackson Foundation
M2001-02811-COA-R3-CV
This is an unjust enrichment case. The plaintiff design firm was contacted by the defendant foundation to develop designs and a budget for the construction of a science theater. The chief designer of the firm worked on the project and presented a proposal to the foundation. The foundation neither accepted nor rejected the design firm's proposal. Instead, the foundation hired the design firm's chief designer. Part of the designer's duties with the foundation was to work on the science theater project "in house." The foundation refused to pay the design firm a fee for its work on the project. The design firm then sued the foundation on a theory of unjust enrichment for the work performed on the project while the chief designer was still at the firm. The trial court found that since the project was never completed, the preliminary designs did not confer a value on the foundation and, consequently, the foundation had not been unjustly enriched. The design firm now appeals. We reverse, finding that the work performed by the design firm constituted a benefit to the foundation, and that it would be unjust for the foundation to retain that benefit without paying the design firm for the value of the benefit.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Leonard W. Martin |
Dickson County | Court of Appeals | 03/11/03 | |
| Is, As Stated In The Opinion, And As It Is Stated In Ray v. Ray, 83 S.W.2D 726 (Tenn. Ct. App. 2001).
05-00-024-CC
Originating Judge:A. Andrew Jackson |
Dickson County | Court of Appeals | 03/11/03 | |
| Robert Pirtle v. Tennessee Board of Paroles, et al.
M1998-00454-COA-R3-CV
This appeal involves a dispute between a prisoner and the Tennessee Board of Paroles regarding the revocation of his parole. After exhausting his administrative remedies, the prisoner filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County asserting that he did not commit the crime that triggered the revocation of his parole. The trial court eventually dismissed the petition on the ground that it was not timely filed, and the prisoner has appealed. While his appeal was pending, the prisoner was released from the Department of Correction. Accordingly, because this appeal is now moot, we vacate the trial court's order and remand the case with directions to dismiss the prisoner's petition.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Chancellor Carol L. McCoy |
Davidson County | Court of Appeals | 03/04/03 | |
| Jerry T. Beech Concrete Contractor, Inc., v. Larry Powell Builders, Inc., et al.
M2001-02709-COA-R3-CV
In this appeal from the trial court's award of attorneys fees, Appellant seeks review of the trial court's refusal to award the full amount of fees sought. We modify the trial court's findings and affirm as to the amount of the award.
Authoring Judge: Judge William B. Cain
Originating Judge:Chancellor Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 03/04/03 | |
| William A. Dalton, et al. v. Gerald W. Dale, et al.
M2002-01205-COA-R3-CV
Defendant appeals adverse summary judgment as to diminution in value of a 1995 Jaguar XJ6 automobile based upon alleged undisputed expert testimony. Judgment is reversed, and the case is remanded.
Authoring Judge: Judge William B. Cain
Originating Judge:Judge Barbara N. Haynes |
Davidson County | Court of Appeals | 03/04/03 | |
| John David Rhoades, II, et al. v. Michael L. Taylor, et al.
M2001-00643-COA-R3-CV
This appeal involves a conflict between neighbors over whether the Taylors have a right to use a gravel driveway located on property owned by the Rhoades to access their property. The trial court found that an implied easement was proved. The Rhoades appeal that judgment to this court arguing that the Taylors failed to prove two elements necessary for a finding of an implied easement. We affirm the trial court's judgment.
Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Chancellor Tom E. Gray |
Sumner County | Court of Appeals | 03/04/03 |