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| Kevin Haney vs. Brad Copeland
E2002-00845-COA-R3-CV
Kevin C. Haney and his wife, Marilyn Sue Melhorn ("the buyers"), purchased a retail business from Brad Copeland ("the seller") for $200,000. When their business failed, the buyers sued the seller for rescission and, in the alternative, for compensatory and punitive damages, alleging fraud and breach of contract. Following a bench trial, the buyers were awarded incidental and punitive damages totaling $99,053. The buyers appeal, arguing that they were entitled to additional damages equal to the amount of the purchase price. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 12/13/02 | |
| Taylor & Fleishman vs. Kenneth Seaton
E2002-00075-COA-R3-CV
This is a suit to recover a contractual attorney fee. By virtue of circumstances plaintiff Dudley Taylor had the exclusive standing to contest a petition for the involuntary bankruptcy of Taylor and Associates, LLP, from whom defendant and five other individuals had received preferential payments which were required to be returned to the Trustee if the bankruptcy was approved. Conversely, if the bankruptcy was not approved, the defendant and others similarly situated would retain the preferential payments. The plaintiffs had invested a substantial sum with Taylor and Associates, LLP, but had received no preferences. Dudley Taylor devised a plan whereby, for a fee, he would intervene in the bankruptcy and oppose it, and if he were successful the defendant would retain the preferential payments. The defendant proposed a contract by which the plaintiff, for a non-refundable up-front fee of $100,000.00, and a $200,000.00 additional fee contingent upon success, agreed to oppose the bankruptcy as a party litigant. He was successful, but the defendant refused to pay the fee, asserting the invalidity of the contract on various grounds, including ethical considerations. The Chancellor allowed a recovery. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 12/12/02 | |
| Wanda F. Cherry, et al vs. First State Bank
E2002-00981-COA-R3-CV
Wanda F. Cherry and Daniel R. Greene ("Plaintiffs") are the owners of property located on the parkway in Pigeon Forge. Wayne Burroughs ("Burroughs") owned property adjacent to the Plaintiffs' property, but Burroughs' property did not adjoin the parkway. Burroughs leased Plaintiff's property and used their property and his property to operate a business. During this time, Burroughs borrowed money from First State Bank ("Defendant"). Burroughs' leasehold interest in Plaintiffs' property was part of the collateral for this loan. After Burroughs filed for bankruptcy, his leasehold interest in Plaintiffs' property was sold at auction. Defendant was the highest bidder at the auction. Defendant paid rent for a period of time, but then stopped paying rent. Plaintiffs sued for past due rent. The Trial Court granted summary judgment to Plaintiffs and awarded damages totaling $127,968.60. Defendant appeals the grant of summary judgment to Plaintiffs. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Ben W. Hooper, II |
Sevier County | Court of Appeals | 12/12/02 | |
| Nancy Webber vs. Gary Webber
E2002-01355-COA-R3-CV
The Trial Court held it had jurisdiction over marital property and alimony. Husband argued since the divorce was granted in Nevada, the Nevada Decree was res judicata on these issues. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 12/12/02 | |
| E2002-1735-COA-R3-CV
E2002-1735-COA-R3-CV
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 12/12/02 | |
| Jackie Wright & Kimberly Green vs. Azalea Rains
E2002-01107-COA-R3-CV
Cager M. Casey ("Deceased") executed a revocable inter vivos trust agreement in July of 1992. The trust named a number of family members and friends as beneficiaries ("Appellees"). In January of 1999, Deceased executed a will. While this will does not specifically reference the trust, it does direct Deceased's PaineWebber stock be sold at his death and the proceeds given to Jackie L. Wright, Kimberly A. Green ("Appellants") and other members of the Wright family. Deceased owned no stock in PaineWebber. However, the trust was administered by UBS PaineWebber, Inc. ("PaineWebber"). Appellants submitted the 1999 will for probate and were granted letters testamentary. PaineWebber refused to turn over the trust investments absent court order. Appellants sued Appellees and PaineWebber. After trial, the Probate Court entered its judgment on November 29, 2001, holding the 1999 will did not alter the trust and the trust would, by its terms, distribute the trust assets to the trust beneficiaries. Appellants appeal the November 29, 2001 judgment. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:William H. Russell |
Loudon County | Court of Appeals | 12/12/02 | |
| In Re: Estate of Donald Henderson, Jeff Henderson vs. Kenneth Henderson
E2002-01155-COA-R3-CV
Donald Ben Henderson ("Deceased") died in 1998. Jeff Henderson ("Appellant") is the Deceased's grandson. Kenneth Henderson ("Appellee") is the Deceased's son. Appellant and Appellee each submitted documents for probate purporting to be the last will and testament of the Deceased. In total, three wills and a revocation were filed with the Probate Court. The Probate Court entered its Order of Probate on October 18, 2001, holding that none of the three documents submitted should be admitted to probate as the Deceased's will. Based upon this determination, the Probate Court held the Deceased died intestate. More than thirty days after October 18, 2001, Appellee filed a motion to excuse the administrator ad litem and requested he be appointed personal representative of the estate. Appellant opposed the motion and filed a will contest. The Probate Court's order of April 23, 2002, appointed Appellee personal representative of the estate and stated its earlier order holding the Deceased died intestate was a final order. Appellant appealed. Appellee argues this Court lacks jurisdiction to hear the appeal because the notice of appeal was filed late. We hold the notice of appeal was not filed timely. We, therefore, are without jurisdiction to hear this appeal and, accordingly, dismiss the appeal.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Edwin C. Harris |
Monroe County | Court of Appeals | 12/12/02 | |
| Herman Howard. v. American Industries Services
M2001-02711-COA-R3-CV
The Chancery Court of Davidson County dismissed the complaint in this case for the plaintiffs' failure to respond to discovery requests. The plaintiffs assert on appeal that the chancellor abused her discretion. We affirm the chancery court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 12/11/02 | |
| Pigeon Forge vs. William Loveday
E2002-00643-COA-R3-CV
Landowner seeks a new trial in eminent domain case on grounds that the Trial Court admitted in evidence the price paid for the land 19 years earlier. We reverse the Trial Court's Judgment.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Richard R. Vance |
Sevier County | Court of Appeals | 12/11/02 | |
| Teresa Malone vs. Shane Maddox
E2002-01403-COA-R3-CV
This case focuses on an insurance company's liability under the uninsured motorist ("UM") provisions of an automobile insurance policy. It arises out of an automobile accident involving Teresa Malone ("the policyholder") and Shane Maddox ("the uninsured motorist"). The policyholder appeals the trial court's judgment decreeing that the policyholder's uninsured motorist carrier, Harleysville Mutual Insurance Company ("the UM carrier"), cannot be held liable for prejudgment interest under the facts of this case because such an award would cause the total judgment against the UM carrier to exceed the UM coverage limit in the policy. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 12/11/02 | |
| James Staggs v. Lori Staggs
M2001-01192-COA-R3-CV
The trial court transferred custody of the parties' two children from the mother to the father. The mother argues on appeal that there was no change of circumstances to support a change of custody, and no proof that the change would be in the best interest of the children. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Leonard W. Martin |
Dickson County | Court of Appeals | 12/11/02 | |
| City of Oak Hill v. AAMP
M2001-00688-COA-R3-CV
This appeal concerns the City of Oak Hill's efforts to enforce its exclusively residential zoning restrictions over a parcel of land situated at the city's eastern border. The city appeals the trial court's finding that "parcel 109" was located outside of Oak Hill's city boundary and, therefore, not subject to the city's zoning ordinances. We affirm the action of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 12/11/02 | |
| McLane Co. v. State
M2002-00838-COA-R3-CV
Licensed wholesale tobacco distributor filed petition against the State seeking the disclosure of identities of all licensed tobacco wholesale distributors in the State of Tennessee pursuant to the provisions of the Tennessee Public Records Act. State opposed petition on the grounds that disclosure of this information was controlled by the taxpayer confidentiality provisions of the revenue statutes. Chancery Court granted petition and ordered disclosure of the names and addresses of all licensed wholesale tobacco distributors in Tennessee but, on the state's motion, stayed its order pending appeal. State appeals. We reverse and dismiss.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 12/11/02 | |
| Edward Howell vs. NHC Healthcare
E2002-01321-COA-R3-CV
The Trial Court refused to enforce an Agreement for Mediation and Arbitration. On appeal, we Affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 12/11/02 | |
| Ray Wright v. Brittany Pate
11-01-135-M
Originating Judge:A. Andrew Jackson |
Dickson County | Court of Appeals | 12/11/02 | |
| E2002-01703-COA-R3-CV
E2002-01703-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Telford E. Forgerty, Jr. |
Sevier County | Court of Appeals | 12/11/02 | |
| Peter Zabaski v. Mary Ann Zabaski
M2001-02013-COA-R3-CV
The trial court granted a divorce to the parents of an only child with a history of severe medical problems, and awarded them joint custody. The wife contends on appeal that the trial court's order of custody and visitation was not in the child's best interest. She also argues that the court erred by setting the husband's child support obligation too low, and by failing to award her alimony in futuro. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 12/11/02 | |
| Sandra Sparkman & Joe Sparkman vs. Bluecross Blueshield
E2002-00932-COA-R3-CV
Plaintiffs' action was dismissed by the Trial Court on the grounds plaintiffs failed to exhaust administrative appeals. On appeal, we Vacate and Remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 12/11/02 | |
| Paul E. Johnson v. The Metropolitan Government Of
M2001-00633-COA-R3-CV
Authoring Judge: Judge Don R. Ash
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 12/11/02 | |
| Rose Warnick vs. Carter County
E2002-00833-COA-R3-CV
This is a negligence action filed by Rose F. Warnick against Carter County ("the County") seeking damages for personal injuries arising out of an automobile accident involving the plaintiff and Keith G. Range ("Deputy Range"), a Carter County deputy sheriff, who, according to the complaint, was "acting within the course and scope of his authority as an agent, servant and employee of" the County at the time of the accident. The County filed a motion to dismiss pursuant to Tenn. R. Civ. P. 12.02(6). The trial court dismissed the plaintiff's complaint, holding that it was not filed within one year of the accident as required by the Governmental Tort Liability Act ("the GTLA"). We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jean A. Stanley |
Carter County | Court of Appeals | 12/11/02 | |
| James Pemerton & Deborah Pemerton v. Beauty Wall Painting
M2001-01638-COA-R3-CV
This is a breach of warranty case. The plaintiff homeowners contracted with the defendant painter to have their home painted. The contract included a one-year warranty on labor and materials. After the work was completed, the paint began to peel, blister, and separate from the wood siding. The homeowners sued the painter under the warranty. The trial court found that the homeowners complained of the problems within the one-year warranty period. The trial court awarded the homeowners damages for the amount paid to the painter, substantial damages for repairs, and discretionary costs. On appeal, the painter argued that the trial judge failed to properly understand the testimony of the parties regarding the painter's actions after being informed of the paint problems, and therefore, improperly discredited the painter's testimony with regard to the issue of the date the homeowners told the painter about the defective work. We affirm, finding that the defendant painter failed to show any basis for reversing the credibility determination of the trial court.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 12/11/02 | |
| John Garland vs. Tonia Garland
E2002-00949-COA-R3-CV
In this divorce action, the wife appeals the alimony award and amount of attorney's fees awarded to her. On appeal, we Affirm as Modified.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:James W. Mckenzie |
Rhea County | Court of Appeals | 12/11/02 | |
| Greg Melton v. Gerald Melton
M2002-00532-COA-R3-CV
Beneficiaries of irrevocable insurance Trust filed a Complaint against the Trustees, seeking to have the corpus of the trust distributed and the Trust terminated by its own terms. One Trustee, acting pro se, answered the Complaint. Beneficiaries filed a Motion for Summary Judgment supported by their joint affidavits. No response or countervailing affidavit was filed, and an Order was entered granting the Motion. Trustee appeals. We affirm
Authoring Judge: Judge W. Frank Crawford
Originating Judge:J. B. Cox |
Bedford County | Court of Appeals | 12/11/02 | |
| F. T. Greer v. Joseph Marci
M2001-02536-COA-R3-CV
This appeal arises from the denial of the Chancery Court of Sumner County of Plaintiffs' request for an injunction. The dispute involves the construction of a brick entranceway which connects a county road to Defendants' driveway easement over the Plaintiffs' property. The entranceway lies within the "metes and bounds" of a county road. The Chancellor refused to grant an injunction ordering removal of the entranceway holding that the county was the only party with standing to seek removal of obstructions within the right-of-way of a county road. We disagree with the Chancellor and find that the Plaintiffs own fee simple title to the pertinent portion of the right-of-way and therefore have standing to assert their ownership rights independent of the county. We therefore reverse the finding of the Chancellor and remand the case for further proceedings.
Authoring Judge: Judge Thomas W. Graham
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 12/11/02 | |
| Carrie Mildred Mayer Dube v. Michael Norman Dube
E2002-00413-COA-R3-CV
Carrie Mildred Mayer Dube ("Wife") sued Michael Norman Dube ("Husband") for a divorce. Wife is primarily a stay-at-home mother and Husband is an emergency room physician. The Trial Court divided the marital property with 65% of the property going to Wife. The Trial Court awarded Wife permanent alimony of $3,200 per month after finding Wife could not be sufficiently rehabilitated. Child support was set based on Husband's income for 2000, during which time he claims to have worked approximately 90 hours per week. Husband appeals the division of marital property, award of permanent alimony, and amount of child support which was based on his 90 hour work week. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Judge Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 12/09/02 |