Please enter some keywords to search.
| Anne Strickland vs. Daniel Cartwright
E2002-02176-COA-R3-CV
Anne Strickland ("Plaintiff") approached Daniel Cartwright ("Defendant") about the possible purchase of Defendant's restaurant. Unable to come up with the full purchase price of $1.5 million, Plaintiff made an initial payment of $170,000 and began leasing the restaurant with monthly rental payments of $7,000. No written agreement ever was finalized between the parties. Plaintiff vacated the premises after six months allegedly due to the poor condition of the building and the amount of repairs that were needed. Plaintiff filed suit seeking a return of the $170,000, claiming this money was intended by the parties to be a down payment on the purchase of the restaurant, an event which never occurred. Defendant claimed the parties had agreed to a nonrefundable initial payment of $250,000 to allow Plaintiff the privilege of being able to walk in and take over a fully staffed and operational restaurant. Since Plaintiff paid only $170,000 toward the initial $250,000 payment, Defendant filed a counterclaim for the remaining $80,000. After a trial, the Trial Court awarded Plaintiff a judgment in the amount of $138,000. Both parties appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Telford E. Forgerty, Jr. |
Blount County | Court of Appeals | 02/13/03 | |
| John Doe vs. Randall Pedigo
E2002-01311-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 02/12/03 | |
| Brenda Jones vs. David Jones
E2002-01684-COA-R3-CV
In this post-divorce case, David Wayne Jones (Husband) filed a motion requesting the Trial Court to discontinue alimony payments. The sole basis for the motion was that Brenda Gail McNeeley Jones (Wife) was "currently residing with a male individual." Wife denied that a reduction in alimony was appropriate, due to her alleged continuing need and Husband's continuing ability to pay. Wife moved for an increase in alimony payments due to her "increased medical expenses, and vocational disability that [she] suffers by reason of the need for eye surgery." The Trial Court awarded Husband a reduction in the amount of alimony from $1,500 per month to $1,000 per month. On appeal, Husband argues that the Trial Court erred by refusing to eliminate the alimony payments, and Wife argues that the Court erred by reducing them. We affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:G. Richard Johnson |
Washington County | Court of Appeals | 02/12/03 | |
| John Doe vs. Randall Pedigo
E2002-01311-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
|
Knox County | Court of Appeals | 02/12/03 | |
| Herbert Heinze vs. Patricia Severt
E2002-01184-COA-R3-CV
In this appeal from the Chancery Court for Greene County the Appellant, Herbert Arthur Heinze, contends that the Trial Court erred in finding that a valid accord and satisfaction was entered into between him and the Appellee, Patricia Christine Severt (Heinze), with respect to the distribution of proceeds realized from the sale of the parties' marital residence pursuant to a divorce judgment. We affirm the judgment of the Trial Court and remand for collection of costs and enforcement of the judgment.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas R. Frierson, II |
Greene County | Court of Appeals | 02/12/03 | |
| In Re: Petition of James F. Watson, General Sessions Court Judge
E2002-02480-COA-R3-CV
This is a declaratory judgment action. Judge James F. Watson was, at all relevant times, the general sessions court judge for McMinn County. Prior to 2000, McMinn County was classified as a county of the second class and Judge Watson was paid in accordance with the statutory compensation scheme for such counties. As a result of the 2000 census, McMinn County became a county of the first class. Judge Watson filed a petition seeking a determination as to the proper calculation of his salary as a class one general sessions court judge. The trial court determined that Judge Watson was entitled to continue receiving the jurisdictional supplements to his salary that he had been receiving as a class two judge. We reverse.
Authoring Judge: Judge Charles D. Susano, Jr.
|
McMinn County | Court of Appeals | 02/12/03 | |
| Wanda Shadwick vs. F.H. Shoemaker
E2002-01525-COA-R3-CV
Wanda Shadwick, individually, and as Executrix of the Estate of her common-law husband, Kenneth Lee Phillips, sued F. H. Shoemaker Distributors, Inc., and Floyd H. Shoemaker, II. The theory of the lawsuit is that the Defendants were guilty of abuse of process in connection with the sale of certain real estate and personal property owned by Kenneth Lee Phillips at the time of his death to pay a claim of the Corporation against his Estate. This claim, in the amount of $25,079.54, had been sustained by the Probate Judge. We find that neither the Corporation nor Mr. Shoemaker are liable for the misdeeds of Max Huff, the first attorney employed by them. Having so found, we reverse the judgment both as to compensatory damages in the amount of $156,000 which, incidentally, was higher than Ms. Shadwick's testimony as to the wholesale value of the personal property, and of punitive damages in the amount of $250,000, which was the amount of the ad damnum clause in the complaint. Mr. Shoemaker filed a counter-complaint seeking to recover the amount paid in delinquent taxes as to a house and lot he purchased at the purported sale, as well as delinquent taxes owed thereon. On this issue the jury found in favor of Ms. Shadwick and we affirm this determination.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Billy Joe White |
Scott County | Court of Appeals | 02/12/03 | |
| State, et Rel. Robyn Russell vs. Jackson West
E2002-01667-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas R. Frierson, II |
Greene County | Court of Appeals | 02/12/03 | |
| State, et Rel. Robyn Russell vs. Jackson West
E2002-01667-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas R. Frierson, II |
Greene County | Court of Appeals | 02/12/03 | |
| Robert M. Overholt, M.D., et al vs. Hugh Ray Wilson
E2002-01479-COA-R3-CV
In this suit, Plaintiffs Robert M. Overholt, Joe W. Black, and Michael D. Price sue Defendant Hugh Ray Wilson, seeking possession of a portrait of long-time University of Tennessee football coach, General Robert R. Neyland. The suit also sought injunctive relief as to a proposed sale of the portrait by Mr. Wilson in connection with a bankruptcy sale of assets of a corporation owned by him. Mr. Wilson's sole defense of the suit was that it was barred by T.C.A. 28-3-105(2), the three-year statute of limitations for recovery of personal property. The trial court submitted to the jury a single question regarding the only material factual dispute, and upon receipt of the jury's finding held that the statute of limitations was not a viable defense and granted judgment in favor of the Plaintiffs. Mr. Wilson appeals and raises four issues, hereinafter set out, for our consideration. We find that they are without merit and affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 02/11/03 | |
| Margaret Wightman vs. Truman Clouse
E2002-00318-COA-R3-CV
The Trial Court held plaintiff was entitled to use roadway across defendants' land. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Vernon Neal |
Cumberland County | Court of Appeals | 02/11/03 | |
| In the Matter of: Conservatorship of Ellen Groves
M2000-00782-COA-R3-CV
This appeal involves the conservatorship of an elderly widow. Both the widow's brother-in-law and a niece filed petitions in the Chancery Court for Montgomery County requesting to be appointed her conservator. Following a bench trial, the trial court determined that the widow was "competent" and, therefore, dismissed both conservatorship petitions. The trial court also disapproved the brother-in-law's accounting of his expenditures on the widow's behalf and directed the brother-in-law and his wife to return the widow's real and personal property to her. On this appeal, the widow's brother-in-law asserts that the trial court erred (1) by refusing to appoint him conservator, (2) by refusing to approve reimbursing him for his expenses in caring for his sister-in-law, and (3) by directing him to return his sister-in-law's real and personal property. We have determined that the evidence preponderates against the trial court's conclusions that the widow is not disabled and that she does not need a conservator. However, we have also determined that the trial court properly declined to reimburse the widow's brother-in-law for his expenses in caring for her and properly ordered him to return her real and personal property.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 02/11/03 | |
| Margaret Wightman vs. Truman Clouse
E2002-00318-COA-R3-CV
The Trial Court held plaintiff was entitled to use roadway across defendants' land. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
|
Court of Appeals | 02/11/03 | ||
| Jackson Rose vs. Rick Welch
E2002-02042-COA-R3-CV
Attorney R. Jackson Rose ("Plaintiff") was hired by Rick Welch ("Defendant') to defend him on drug related criminal charges. The parties agreed to a flat fee of $25,000 for this legal representation. A retainer of $5,000 was paid up-front. Defendant signed a promissory note for the remaining $20,000. Defendant claims he lost confidence in Plaintiff's ability to adequately represent him after Defendant paid a total of $6,850 in attorney fees. Defendant discharged Plaintiff and obtained new counsel. Plaintiff sued for breach of contract. Defendant filed a counterclaim for legal malpractice and also claimed as a defense, inter alia, that Plaintiff's representation fell below the professional standard of care. The case was tried to a jury. After all of the proof was presented, the Trial Court directed a verdict for Plaintiff because Defendant had offered no expert proof to support his counterclaim or his defense to the breach of contract claim. We hold expert proof was not necessary in order for Defendant to prove he lost confidence in Plaintiff and discharged him with cause for that reason. We, therefore, reverse the entry of the directed verdict as to that issue only and remand the case for trial on the sole issue of termination for cause because of Defendant's "loss of confidence." We affirm all other aspects of the Trial Court's judgment.
Authoring Judge: Judge David Michael Swiney
Originating Judge:James B. Scott, Jr. |
Claiborne County | Court of Appeals | 02/11/03 | |
| Shirley Klein vs. David Klein
E2002-00867-COA-R3-CV
In this divorce proceeding the wife, Shirley Jean Klein, appeals the judgment of the Trial Court which held that Ms. Klein was not entitled to alimony. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Ben K. Wexler |
Greene County | Court of Appeals | 02/11/03 | |
| Zora Elsea vs. Frank Elsea
E2002-00387-COA-R3-CV
In this divorce action, the Trial Court identified, valued and divided marital property and awarded wife alimony. Husband appeals. We affirm the Trial Court.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jerri S. Bryant |
McMinn County | Court of Appeals | 02/11/03 | |
| Steven Means v. David Ashby
M2002-00285-COA-R3-CV
Current custodian of Minor Child petitioned the court for termination of parental rights of both parents. Petitioners are the brother and sister-in-law of Minor Child's mother. The parents of the Minor Child are divorced. Mother had no contact with Minor Child for over a year prior to the Petition, and Father has had no contact for approximately five years. We find that any failure to visit by the parents and failure to support by the Mother was not willful and affirm the trial court in dismissing the Petition to Terminate their parental rights. However, the trial court's custody determination is vacated, and that issue is remanded for further consideration.
Authoring Judge: Judge William B. Cain
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 02/10/03 | |
| Ronnie Cox vs. Amy Cox
E2002-02034-COA-R3-CV
Ronnie R. Cox ("Husband") and Amy R. Cox ("Wife") were divorced in 1993. At that time, the parties had two minor children. They subsequently had another child. In 1998, the parties entered into an agreed order that provided for joint physical and legal custody with each parent having equal time with the children. The agreed order also required Husband to pay $200 per month to Wife for child-care expenses. In 2002, Husband filed a Petition for Modification seeking to be relieved of the $200 per month obligation because Wife's income had increased substantially and was equal to, or greater than, Husband's. The Trial Court found, inter alia, the $200 payments were contractual in nature and denied the Petition for Modification. Husband appeals. We reverse.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Steven C. Douglas |
Cumberland County | Court of Appeals | 02/10/03 | |
| Denise Ashworth vs. Greene County
E2002-00500-COA-R3-CV
Denise Ashworth, the proprietress of a bed and breakfast in Greene County, filed a declaratory judgment action challenging the constitutionality of a hotel/motel privilege tax authorized by private act of the General Assembly ("the Act") and approved by the Greene County Commission. Among other relief, she seeks the return of approximately $3,000 in taxes collected by her from patrons and paid by her under protest to Greene County. While her suit was pending, the trial court permitted an individual who had stayed one night at a local motel to intervene in this case. The gravamen of his complaint was the same as that of Ashworth's. The trial court granted the defendants summary judgment as to Ashworth's claim, finding that she was not the taxpayer under the Act and, consequently, did not have standing to pursue her claim. As to the intervenor's claim, the trial court held that the Act was unconstitutional and ordered that he be refunded the sum of $1.61, the amount of the tax that he had paid under protest, plus interest. Only Ashworth appeals. She contends that the traditional concept of standing should be broadened to permit her to pursue her claim. We affirm the judgment of the trial court.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas R. Frierson, II |
Greene County | Court of Appeals | 02/10/03 | |
| Steven Means v. David Ashby
M2002-00285-COA-R3-CV
Current custodian of Minor Child petitioned the court for termination of parental rights of both parents. Petitioners are the brother and sister-in-law of Minor Child's mother. The parents of the Minor Child are divorced. Mother had no contact with Minor Child for over a year prior to the Petition, and Father has had no contact for approximately five years. We find that any failure to visit by the parents and failure to support by the Mother was not willful and affirm the trial court in dismissing the Petition to Terminate their parental rights. However, the trial court's custody determination is vacated, and that issue is remanded for further consideration.
Authoring Judge: Judge William B. Cain
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 02/10/03 | |
| Maury County v. Board of Equalization
M2002-00501-COA-R3-CV
Following a de novo hearing pursuant to Tennessee Code Annotated section 67-5-1511(b), the Chancery Court of Davidson County upheld the final decision of the Assessment Appeals Commission of the Tennessee State Board of Equalization in a determination that property owned by Maury Regional Hospital and located in Marshall County, Tennessee was subject to ad valorem taxation by Marshall County. Maury Regional Hospital appeals the decision of the Chancellor. The decision of the trial court is reversed, and the Marshall County property known as Marshall Medical Center is held to be exempt from ad valorem taxation.
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Maury County | Court of Appeals | 02/10/03 | |
| Gary Buck v. John Scalf
M2002-00620-COA-R3-CV
This is an appeal from an order of the trial court granting a motion for summary judgment in favor of Hartford Underwriter's Insurance Company on the ground that plaintiff's uninsured motorist claim against Hartford is barred by the one-year statute of limitations. We reverse the judgment of the trial court and remand.
Authoring Judge: Chancellor Vernon Neal
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 02/10/03 | |
| Brenda Buchanan vs. Berkley Buchanan
E2002-00915-COA-R3-CV
This is a divorce case. Both parties sought a divorce. Brenda Watson Buchanan ("Wife") was granted an absolute divorce from Berkley Ottie Buchanan ("Husband") on the ground of inappropriate marital conduct. In its judgment, the trial court decreed, among other things, that Wife was to be paid alimony in the amount of $750 per month for 24 months; costs of $579.70; and attorney's fees of $1,850. Husband appeals contending that the trial court erred in making all of these decrees. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:James L. Weatherford |
Knox County | Court of Appeals | 02/10/03 | |
| Patrick Beaudreau vs. General Motors Acceptance
E2002-00850-COA-R3-CV
Patrick Beaudreau ("Plaintiff") purchased a new car from Thomas-Hill Auto Center ("Dealer"). In order to finance the purchase of the vehicle, Plaintiff signed a retail installment sales contract ("Contract") at an annual percentage rate ("APR") of 13.5%. The Contract listed Dealer as the creditor. General Motors Acceptance Corporation ("GMAC") purchased the Contract from Dealer at a rate of 11.25% ("buy rate"). GMAC paid Dealer the difference between the APR and the buy rate ("dealer reserve"). Plaintiff sued GMAC claiming GMAC had conspired with Dealer to defraud him by not revealing the dealer reserve and the buy rate, or what Plaintiff claims is the "real interest rate." GMAC filed a motion for summary judgment. The trial court found the business practices of GMAC detailed in the record are not unlawful or fraudulent and granted summary judgment. Plaintiff appeals, asserting that the trial court erred in its treatment of Plaintiff's expert's affidavit and in granting summary judgment. We vacate the grant of summary judgment and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:O. Duane Slone |
Sevier County | Court of Appeals | 02/10/03 | |
| Charles Whited vs. Christy Fleenor
E2002-01185-COA-R3-JV
Trial Court ordered child's surname changed from mother's to father's. We reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:J. Klyne Lauderback |
Sullivan County | Court of Appeals | 02/10/03 |