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| Insura Property & Casualty Ins. v. Terry Ashe
M2002-00374-COA-R3-CV
This is a declaratory judgment action wherein Plaintiff insurance company seeks a declaration as to coverage under its commercial general liability insurance policy issued to Lineberry Properties, Inc. Defendant, Dewey Lineberry, and his wholly owned corporate entities, Defendants Lineberry Properties, Inc. and Lawdog Communications, LLC, sought defense and indemnity from Plaintiff insurance company relative to a defamation, libel, slander, and outrageous conduct complaint previously filed against them in the Circuit Court for Wilson County, Tennessee by Defendants, Terry and Judy Ashe. The trial court granted summary judgment to the insurance company holding that the general commercial liability policy provided no coverage as to the underlying action. We affirm the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:C. K. Smith |
Wilson County | Court of Appeals | 09/11/02 | |
| Gregory Hedges v. TDOC
M2002-00140-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 09/10/02 | |
| Vanderbilt University v. Charles Haynes
M2001-02688-COA-R3-CV
The Circuit Court of Davidson County dismissed an appeal from the General Sessions Court because the appeal was not perfected within ten days of the date of the General Sessions judgment. The appellant contends that Rules 6.01 and 6.05 of the Tennessee Rules of Civil Procedure extended the time for filing the appeal to the date it was actually perfected. Because the Rules of Civil Procedure do not apply to the General Sessions Court, we affirm the Circuit Court's judgment.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 09/10/02 | |
| Gregory Hedges v. TDOC
M2002-00140-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 09/10/02 | |
| Tyrone Sterling v. Lolita Williams
M2002-00352-COA-R3-CV
The Chancery Court of Montgomery County awarded Tyrone Sterling a divorce from Lolita R. Sterling and custody of the parties' minor child. Ms. Sterling asserts on appeal that the division of the marital property violated the automatic stay issued in her bankruptcy proceeding, and that the court erred in granting Mr. Sterling the divorce and custody of the child. We affirm the judgment of the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Michael R. Jones |
Montgomery County | Court of Appeals | 09/10/02 | |
| Russell Wellington v. State
M2002-01090-COA-R3-CV
Inmate appeals the trial court's order dismissing his lawsuit for failure to prosecute. Because the State had been granted a transfer of this case from the Claims Commission for the purpose of consolidating it with another case pending in the trial court, but took the position in this appeal that no consolidation had occurred, we vacate the dismissal and remand.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 09/10/02 | |
| Randy Hensley v. Department of Corrections
M2001-02721-COA-R3-CV
An inmate who was allowed to commence and proceed in forma pauperis in this litigation, but who was unsuccessful and had costs taxed against him, appeals the trial court's denial of his motion to quash execution on his trust fund account to collect the costs. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 09/10/02 | |
| Dept of Children's Services v. Florence Hoffmeyer
M2002-00076-COA-R3-JV
Authoring Judge: Judge William B. Cain
Originating Judge:Max D. Fagan |
Robertson County | Court of Appeals | 09/10/02 | |
| M2002-00076-COA-R3-JV-
M2002-00076-COA-R3-JV-
Originating Judge:Max D. Fagan |
Robertson County | Court of Appeals | 09/10/02 | |
| H&R Block Eastern Tax Services, Inc., v. Kameron Bates, D/B/A Bates Income Tax Service, et al.
M2001-02589-COA-R3-CV
Plaintiff, provider of a tax preparation service, sued defendants, a tax preparation service and individual former employees of plaintiff, for damages and injunctive relief resulting from procurement of breach of contract by defendant tax preparation service and for breach of noncompetition contracts by former employees. The trial court found that the plaintiff had no right to relief from the defendants and entered judgment for all defendants. Plaintiff appeals. We affirm.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor Vernon Neal |
Overton County | Court of Appeals | 09/03/02 | |
| Estate of Nan Francis, Pat Libby, Admin v. Karl Francis
M2001-02707-COA-R3-CV
In this second appeal in this matter, the estate seeks a re-determination of an issue decided previously by the trial court and by this court: distribution of proceeds from a certificate of deposit. Because our prior opinion is the law of the case on this issue, we affirm the trial court's dismissal of the estate's motion for post-appellate relief which sought to modify the prior rulings.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Leonard W. Martin |
Cheatham County | Court of Appeals | 08/28/02 | |
| HGI Assoc. vs. Mactronics
W2002-00011-COA-R3-CV
Plaintiff was awarded a judgment for breach of contract and incidental damages in the amount of $18,356. The breach occurred when Defendant (Seller) was unable to deliver 500 computers which Plaintiff (Buyer) had contracted to purchase. Plaintiff appeals contending that the damages awarded by the trial court were inadequate. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 08/28/02 | |
| Robert Burton Sr. vs. Kent Gearin
W2002-00537-COA-R3-CV
The plaintiff, a prisoner, sued the defendant who had been appointed to represent the plaintiff in his petition for post-conviction relief. The prisoner, proceeding pro se, filed a motion asking the trial court to hold this matter in abeyance until his release from prison. The motion was denied. The defendant filed a motion for summary judgment supported by an un-refuted affidavit which was granted. The prisoner appealed the trial court's denial of the motion for abeyance and we affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:William B. Acree |
Weakley County | Court of Appeals | 08/28/02 | |
| State v. Roger D. Haywood
M2000-01400-COA-R3-CV
The Trial Court held that National City Mortgage Company ("National"), which services the mortgage on the property at issue, and its attorneys violated Tenn. R. Civ. P. 11.02 and imposed sanctions against them in this condemnation proceeding. National and its attorneys appeal the Trial Court's Rule 11.02 sanctions. We reverse and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:J. Russ Heldman |
Williamson County | Court of Appeals | 08/28/02 | |
| Larry Williams v. TDOC
M2000-02905-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 08/28/02 | |
| Eric Woodruff v. TDOC
M2001-00494-COA-R3-CV
Petitioner, an inmate in the custody of the Tennessee Department of Correction, filed the underlying pro se petition for common law writ of certiorari, seeking review of a prison disciplinary board decision and resulting sanctions that he alleges were made in violation of his constitutional rights to due process and equal protection under the laws. Specifically, Petitioner alleges that the disciplinary board violated Department policies by not providing the Petitioner with an adequate statement of reasons prior to his placement in administrative segregation. The trial court dismissed the suit for failure to state a claim. We affirm in part, reverse in part, and remand the case to the trial court with the direction that the trial court issue the writ.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 08/28/02 | |
| Larry Williams v. TDOC
M2000-02905-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:William C. Koch |
Davidson County | Court of Appeals | 08/28/02 | |
| State of TN Dept. of Transportation vs. Tommie/Arlene Goodwin
W2002-00391-COA-R3-CV
This is a condemnation case. The State filed a petition to condemn a portion of property owned by the defendants for the improvement of a highway. The defendants did not challenge the State's right to condemn the property, but they asserted that the amount proffered by the State as payment for the property was inadequate. After a jury trial, the jury returned a verdict of $13,500. The defendants moved for a new trial or, in the alternative, for an additur. The trial court concluded that the jury's verdict did not adequately compensate the defendants for either their financial loss or the loss to their business resulting from the condemnation, so it granted the motion for an additur, suggesting an additur of $12,000. The State accepted the additur under protest and now appeals. We affirm, finding that the trial court's suggested additur did not constitute an impermissible award for lost profits.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Clayburn L. Peeples |
Gibson County | Court of Appeals | 08/28/02 | |
| Eileen Smith v. Robert Smith
M2001-02164-COA-R3-CV
This is a divorce case. Acting upon the stipulation of the parties, the trial declared the parties divorced. The court determined that the appreciation of Husband's premarital Individual Retirement Accounts (IRAs) was marital property. The court also ruled that a bond account that Husband received from his mother and later titled jointly between the parties remained Husband's separate property. Finally, the court addressed marital debt and alimony. Both parties raise issues regarding the trial court's disposition of the case. We affirm in part, reverse in part, and remand the case to the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Jeffrey S. Bivins |
Williamson County | Court of Appeals | 08/28/02 | |
| Nikki Bowie vs. Richard Bowie
E2001-02923-COA-R3-CV
Richard Roy Bowie ("Husband") and Nikki Lynn Herrington Bowie ("Wife") were divorced in 2000. Wife was awarded sole custody of the couple's young child. Husband was granted visitation pursuant to a custody agreement filed March 1, 2000. The Trial Court found that Wife's monthly need was $7,200, but that Husband was unable to pay this amount. The Trial Court awarded Wife monthly child support in the amount of $1,057, and alimony in futuro of $1,500 per month. Husband appeals the type of alimony awarded to the Wife, the Trial Court's finding regarding the amount of Wife's monthly need, and the amount of alimony awarded. Wife raises an additional issue regarding whether the Trial Court erred in not awarding her attorney's fees. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John F. Weaver |
Knox County | Court of Appeals | 08/23/02 | |
| Christmas Lumber vs. Robert Valiga
E2001-02444-COA-R3-CV
After experiencing significant problems with the construction of a house he was having built, Robert E. Valiga ("Valiga") sued Robert H. Waddell ("Waddell") and John Graves ("Graves") (collectively referred to as "Defendants") seeking damages for the poor construction. Although the construction contract was between Valiga and R.H. Waddell Construction, Inc., no corporate charter had been filed when the contract was signed. The Trial Court concluded Waddell and Graves were partners and entered judgment against them individually for $80,045.79. After judgment was entered, Defendants filed motions seeking to amend their answers to assert a statute of limitations defense. These motions were denied by the Trial Court. Graves and Waddell appeal, challenging the Trial Court's conclusion that they were partners and subject to individual liability, the denial of their motions seeking to amend their answers to assert a statute of limitations defense, and the Trial Court's award of prejudgment interest to Valiga. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John F. Weaver |
Knox County | Court of Appeals | 08/23/02 | |
| AAron Del Shannon vs. Darla Shannon
E2002-00518-COA-R3-CV
In this post-divorce case, Aaron Del Shannon ("Father") filed a petition against his former wife, Darla Jean Shannon ("Mother"), seeking to modify the parties' divorce judgment, which judgment, inter alia, had awarded Mother custody of the parties' two minor children. In his petition, Father sought a change of custody and asked to be named primary residential parent of the children. The trial court found a substantial and material change of circumstances and granted Father's petition. We reverse.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Michael A. Davis |
Morgan County | Court of Appeals | 08/23/02 | |
| Betty Black & Barry Goins vs. State Farm Mutual
E2002-00206-COA-R3-CV
In action for breach of insurance contract, the Trial Court granted Summary Judgment on the ground insurance company had properly satisfied all claims under plaintiffs' policies. Plaintiffs have appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John K. Byers |
Washington County | Court of Appeals | 08/23/02 | |
| State Dept of Children's Srvcs vs. B.J.A.L.
E2002-00292-COA-R3-JV
The trial court terminated the parental rights of B.J.A.L. ("Mother") with respect to her minor female child, R.A.A. (DOB: September 15, 1989). Mother appeals, arguing, among other things, that the evidence preponderates against the trial court's determination that there is clear and convincing evidence to terminate her parental rights. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Shirley B. Underwood |
Court of Appeals | 08/23/02 | ||
| Ray Edwards vs. Hallsdale-Powell Utility District
E2002-00395-COA-R9-CV
This is an appeal from the grant of partial summary judgment for defendant that plaintiff could not maintain an action for inverse condemnation. On appeal, we vacate the grant of summary judgment.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 08/23/02 |