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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 | |
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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 | |
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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
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Court of Appeals | 02/11/03 | ||
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Susan Carroll vs. David Carroll
E2002-01021-COA-R3-CV
This is a divorce case. The only issues raised on appeal pertain to the trial court's award of alimony. That court awarded David William Carroll ("Husband") alimony of $2,000 per month "until the death of either party or his remarriage." Susan Elizabeth Carroll ("Wife") appeals, contending that Husband should be awarded rehabilitative alimony rather than alimony in futuro, and that, in any event, $2,000 per month "is excessive." We modify the trial court's award of alimony. As modified, the trial court's judgment is affirmed.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Steven C. Douglas |
Cumberland County | Court of Appeals | 02/10/03 | |
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Sammy Miller v. Board of Probation and Paroles
M2002-00426-COA-R3-CV
The Board of Paroles declined to parole a prisoner in the custody of the Department of Correction. He claimed that the Parole Board violated the constitutional prohibition against ex post facto laws by following a different procedure to reach its decision than was in effect at the time of his crime. The trial court dismissed the prisoner's complaint for failure to state a claim for which relief can be granted. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/10/03 | |
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Helen Cornell vs. State
E2002-02173-COA-R3-CV
Plaintiff's claim for injuries sustained from falling in hole in state park was dismissed by Commissioner. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Vance W. Cheek |
Court of Appeals | 02/10/03 | ||
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Dorsey McGahee v. James Dukes
M2002-00753-COA-R3-CV
Two state prisoners placed in administrative segregation petitioned the Chancery Court of Davidson County for a writ of certiorari to review the action of the prison disciplinary board. The court held that the petition did not state a claim for relief because administrative segregation is not an atypical or significant hardship on the petitions in relation to the ordinary incidents of prison life. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/10/03 | |
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In Re: The estate of Nola Mae Mullins vs. Mary Panther
E2002-02094-COA-R3-CV
Administrators of the Estate petitioned the Court to require respondent to account for funds held by her by virtue of her power of attorney for deceased. We affirm the Trial Judge's Order requiring an accounting.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John D. Mcafee |
Claiborne County | Court of Appeals | 02/10/03 | |
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Tucker Corporation v. City of Clarksville
M2002-00627-COA-R3-CV
This is an appeal seeking to overturn the action of the trial court in granting a motion for summary judgment in favor of the City of Clarksville in a suit wherein the plaintiff challenged the validity of an ordinance enacted by the defendant setting water and sewage connection fees based on the square footage of the heated and cooled living space of the house connected to those services. We affirm the judgment of the trial court.
Authoring Judge: Chancellor Vernon Neal
Originating Judge:John H. Gasaway, III |
Montgomery County | Court of Appeals | 02/10/03 | |
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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 | |
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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 | |
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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 | |
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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 | |
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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 | |
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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 | |
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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 | |
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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 | |
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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 | |
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Donna Mancuso-Bertone v. Michael E. Braswell
M2002-00025-COA-R3-CV
The mother of a fourteen year old male child appeals the action of the trial judge in denying her Petition for a change of custody. The trial court found that no material change of circumstances had been established by the evidence that would justify change of custody. We affirm the action of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Judge Clara W. Byrd |
Wilson County | Court of Appeals | 02/06/03 | |
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Arthur Stigall v. Bronson M. Lyle, et al.
M2001-00803-COA-R3-CV
The plaintiff filed this action in the Chancery Court of Houston County seeking to quiet title to a parcel of property located there. The court granted the defendants' Tenn. R. Civ. P. 12.02 motion to dismiss the plaintiff's complaint, and imposed sanctions pursuant to Tenn. R. Civ. P. 11. Although the appellant raises legitimate issues as to the grounds cited for dismissing the complaint, we nevertheless affirm, finding that the complaint conclusively shows that the plaintiff has no colorable title to the subject property.
Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Judge Leonard W. Martin |
Houston County | Court of Appeals | 02/04/03 | |
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Bobby Bobbitt, et al., v. Dorothy B. Shell, Commissioner, et al.
M2002-00512-COA-R3-CV
Appellants, state employees, were subjects of a Reduction In Force ("RIF") and appeal the order of the chancery court dismissing their petition for review of the Commissioner of Personnel's decision that their respective positions were correctly resolved in the RIF.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 02/04/03 | |
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Joe H. Parks v. George Eslinger, et al.
M1999-02027-COA-R3-CV
This second appeal in this dispute involves the trial court's modifications of a special master's report regarding the liabilities of the parties after the dissolution of their partnership. The special master reported that one partner, Mr. Eslinger, owed the other partner, Mr. Parks, $10,051.30. Mr. Parks objected, and the trial court modified the special master's report, awarding Mr. Parks an additional $45,427.04, and ordered that Mr. Eslinger pay the costs of the special master. Mr. Eslinger now appeals the trial court's modifications and award of costs. Because the record does not support the trial court's modifications, we reverse and reinstate the master's findings as amended. We modify the award of the costs of the special master.
Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Chancellor Jim T. Hamilton |
Maury County | Court of Appeals | 02/04/03 | |
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Boyd Stinson, et al., v. Brenda Sue Bobo
M2001-02704-COA-R3-CV
This appeal involves a conflict between neighbors over whether the Stinsons have a right to use a dirt lane that runs across the edge of Mrs. Bobo's property and connects the Stinsons' property to a county road. The trial court found a prescriptive easement was proved. Mrs. Bobo appeals that judgment to this court on two grounds: (1) that the Stinsons failed to show exclusive use of the easement during the prescriptive period; and (2) that there was no acquiescence to the Stinsons' claim of right to use the easement by the prior owners of what is now Mrs. Bobo's property during the prescriptive period. We affirm the trial court's judgment.
Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Chancellor R.E. Lee Davies |
Williamson County | Court of Appeals | 02/04/03 | |
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In Re: Estate of Adam James Burress
E2002-00320-COA-R3-CV
This appeal involves several issues regarding the disposition of certain assets of and relating to the estate of Adam James Burress ("Decedent"), who died intestate in a one-car accident on March 5, 2001. The Trial Court imposed an equitable lien on the insurance proceeds of an automobile collision policy in favor of Eva Burress, the Decedent's grandmother, in the amount which the Court found she loaned to Decedent in order to purchase the automobile, which was totally destroyed in the accident. The Appellant, Sue Michelle Burress ("Widow"), Decedent's wife, argues on appeal that the Trial Court erred in failing to award her the insurance proceeds, and in ruling that payment of the funeral expenses should take precedence over the spousal support allowances and all other claims. The Appellees, Roy and Eva Burress, Decedent's grandparents, and Jeff and Linda Burress, Decedent's parents, have appealed the Court's ruling that the mobile home in which Decedent and Widow lived prior to their separation was not permanently affixed to the grandparents' land and thus was the Widow's personal property. We modify the judgment so as to provide that the Widow's statutory year's support allowance is exempt from claim against the estate for reimbursement of funeral expenses. We affirm the judgment of the Trial Court in all other respects.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Judge James L. Cotton, Jr. |
Scott County | Court of Appeals | 02/04/03 | |
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In the Matter of: R.L.H., A Child under Eighteen (18) Years of Age, State of Tennessee Department of Children's Services, v. Darlene Medley Hall
M2002-01179-COA-R3-JV
Department of Children’s Services filed petition to terminate parental rights of mother of abused, dependent and neglected minor child. Department’s termination petition was based on allegations of abandonment, mother’s failure to substantially comply with a permanency plan, the removal of the child for at least six months with little likelihood that the conditions causing removal would be remedied, and the best interests of the child. Juvenile Court granted petition terminating mother’s parental rights. Mother appeals. For the following reasons, we affirm.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Floyd Don Davis |
Franklin County | Court of Appeals | 02/03/03 |
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