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| 2001-01175-COA-R3-CV
2001-01175-COA-R3-CV
Originating Judge:Jean A. Stanley |
Carter County | Court of Appeals | 08/22/02 | |
| Patricia Ridgeway vs. Jimmy Kimball
E2001-02577-COA-R3-CV
The sole issue for our review in this divorce case is whether the Chancellor erred in ordering the Appellant, Jimmy Clarke Kimball ("Husband") to pay alimony in futuro in the amount of $1,000 per month to the Appellee, Patricia Anne Ridgeway ("Wife"). We find that the Chancellor properly considered the applicable statutory factors and that the evidence does not preponderate against his decision to award alimony in futuro rather than rehabilitative alimony. Consequently, we affirm the Chancellor's judgment.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 08/22/02 | |
| Frank White & Sue White vs. Gerald Jenkins
E2002-00275-COA-R3-CV
The Trial Court awarded landlord a judgment against tenant for possession, rent owing, and attorney fees. On appeal, we affirm with modifications.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Appeals | 08/22/02 | |
| Lassie Frazier vs. Brock's Open Air Market
E2002-00203-COA-R3-CV
Clifford Frazier and Azeline Kittrell were sitting on a bench located in front of Brock's Open Air Market. Catherine Ottinger ("Ottinger"), who already had consumed six beers, was at the store to purchase a salad and more beer. As Ottinger was leaving, her car, for whatever reason, accelerated rapidly while in reverse and made a U-turn at a high rate of speed. While in reverse, Ottinger drove onto a public road and then came back onto the store's premises, jumped a concrete curb and hit Clifford Frazier and Azeline Kittrell, who later died from their injuries. Plaintiffs sued Brock's Open Air Market asserting, as relevant to this appeal, premises liability. The Trial Court granted summary judgment to Brock's Open Air Market on the basis that the accident in question was not reasonably foreseeable. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Richard R. Vance |
Cocke County | Court of Appeals | 08/22/02 | |
| Kimberly Lewis vs. Timothy Lewis
E2002-00209-COA-R3-CV
In this divorce case, Timothy E. Lewis ("Husband") appeals the Trial Court's decision, arguing that it erred in classifying certain assets as marital rather than his separate property. Husband asserts that "the failure of the Trial Court to properly characterize separate property versus marital property [resulted in] an inequitable division of the parties' assets." We find that several of the assets classified by the Trial Court as marital property should have been classified as Husband's separate property. We also find that a portion of the Husband's credit card debt, which was incurred during the marriage, should be assigned to Kimberly G. Harmon ("Wife"). We affirm the Trial Court's judgment in all other respects.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:G. Richard Johnson |
Johnson County | Court of Appeals | 08/22/02 | |
| Mary Varner vs. Jason Varner
E2001-02917-COA-R3-CV
In divorce case the Trial Court divided marital property and debts, awarded alimony and designated debts to be paid by husband as alimony. On appeal, we affirm in part and reverse in part.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 08/21/02 | |
| Phillip Jessee vs. American General Life
E2002-00182-COA-R3-CV
In this case of alleged age discrimination case from the Chancery Court for Sullivan County the Plaintiffs/Appellants, Phillip Jessee and James O. Morse, argue that the Trial Court erred in refusing to grant their request for a continuance, in its admission and exclusion of certain evidence and in its dismissal of their cause of action against the Defendant/Appellee, American General Life and Accident Insurance Company. We affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
|
Sullivan County | Court of Appeals | 08/21/02 | |
| Sandor Turucz vs. Betty T. Madewell
E2001-03134-COA-R3-CV
Sandor Turucz sued Betty T. Madewell seeking to recover for personal injuries and property damage sustained by him in a two-vehicle accident in Hamilton County. The case was tried to a jury, who found both parties 50% at fault. The trial court entered its judgment decreeing that "the plaintiff shall have and recover nothing from the defendant." The plaintiff appeals, arguing that errors were made by the trial court in its charge to the jury and that the verdict of the jury is not supported by material evidence. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 08/21/02 | |
| Gale Emerson vs. Robert Emerson
E2001-02835-COA-R3-CV
In this post-divorce action, the Trial Court ordered an increase in child support and ordered the father to pay 85% of the son's private school tuition. On appeal, the father insists the Trial Court was without jurisdiction to entertain the petition, and the proof did not support the increases ordered by the Trial Court. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 08/21/02 | |
| Smith, Deceased v. Jerry Smith
E2001-03132-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Thomas R. Frierson, II |
Hamblen County | Court of Appeals | 08/20/02 | |
| Julia Wilkes v. Fred's, Inc.
W2001-02393-COA-R3-CV
Plaintiff slipped and fell on liquid laundry detergent which had spilled in the customer service area in Defendant's store. The jury returned a verdict in favor of the Defendant. We affirm
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 08/20/02 | |
| Julia Wilkes v. Fred's, Inc.
W2001-02393-COA-R3-CV
Plaintiff slipped and fell on liquid laundry detergent which had spilled in the customer service area in Defendant's store. The jury returned a verdict in favor of the Defendant. We affirm
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 08/20/02 | |
| State ex rel. Heather Middleton vs. Stanley Cochran
E2002-00164-COA-R3-JV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Suzanne Bailey |
Hamilton County | Court of Appeals | 08/20/02 | |
| State ex rel. Heather Middleton vs. Stanley Cochran
E2002-00164-COA-R3-JV
Authoring Judge: Judge David Michael Swiney
|
Hamilton County | Court of Appeals | 08/20/02 | |
| Phillip Burdett vs. Kathy Burdett
E2002-01071-COA-R3-CV
In this divorce action, the issue is whether the division of marital property by the Trial Court is equitable. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Lawrence H. Puckett |
Monroe County | Court of Appeals | 08/20/02 | |
| Christopher Hooven v. Johnnia Hooven
M2001-02108-COA-R3-CV
The wife appeals from the Trial Court's placing primary custody of the parties' minor children with the father. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Stella L. Hargrove |
Giles County | Court of Appeals | 08/20/02 | |
| Teresa Lynn Kidwell Atkins v. Ronal Lee Atkins
E2001-02043-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John D. Mcafee |
Union County | Court of Appeals | 08/19/02 | |
| Joseph Bolinger vs. Sharon Ann Bolinger
E2002-00103-COA-R3-CV
In this divorce case, the sole issue for our review is whether the Trial Court properly classified three IRAs held by Joseph D. Bolinger ("Husband") as partially marital and partially separate assets. Applying the analysis set forth by the Supreme Court in the case of Langschmidt v. Langschmidt, 81 S.W.3d 741 (Tenn. 2002), we hold that the IRAs, which were funded with premarital assets, should be classified as Husband's separate property. We therefore vacate the Trial Court's judgment that the IRAs are partially marital assets and remand this case.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Conrad E. Troutman, Jr. |
Campbell County | Court of Appeals | 08/19/02 | |
| Teresa Lynn Kidwell Atkins v. Ronal Lee Atkins
E2001-02043-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John D. Mcafee |
Union County | Court of Appeals | 08/19/02 | |
| Cooper Mgmt. vs. Performa Entertainment.
W2001-01134-COA-R3-CV
This appeal involves a chancery court's decision to hold an enjoined party in both civil and criminal contempt for failing to abide by an injunction. The injunction required the enjoined party to remove a tent structure from certain property within a reasonable time. The enjoined party was also ordered to refrain from placing further encroachments on the property. Following a petition for contempt, the court found that the enjoined party had failed to remove the tent structure within a reasonable time and had, instead, placed more items on the property. Accordingly, the court found the enjoined party in civil and criminal contempt. Under the civil contempt charge, the enjoined party was sentenced to jail until he complied with the court's order. For the criminal contempt charge, the court ordered the party to serve seven days in jail. Five days into the enjoined party's sentence, he complied with the court's order and was released on bond. He now appeals the remaining two days on his sentence. For the following reasons, we affirm in part, reverse in part, and remand this case to the chancery court for further proceedings consistent with this opinion.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 08/15/02 | |
| Wallace Forsythe v. Timothy Gibbs
M2001-02055-COA-R3-CV
A laborer injured on the job during horseplay initiated by his employer claimed that he was entitled to damages in tort for his employer's actions. The trial court dismissed the suit, ruling that the plaintiff was bound by the exclusive remedy provisions of the Workers' Compensation Statute. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 08/15/02 | |
| Ronnie Sykes v. Robbie Richardson
M2001-02097-COA-R3-CV
Tenured teacher filed a petition for review of board of education action discharging him from his teaching position. The trial court, the Honorable Don R. Ash, presiding by interchange, upheld the decision by the board of education. Petitioner appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Don R. Ash |
Smith County | Court of Appeals | 08/13/02 | |
| Eugene/Mark Selker vs. Russell Savory
W2001-00823-COA-R3-CV
This appeal involves a dismissed claim for malicious prosecution. The plaintiffs in the present action filed their complaint one year and thirty days after a final judgment was issued in the underlying suit. The defendants responded by filing separate motions to dismiss for failure to state a claim. The trial court sustained the defendants' motions, holding that the plaintiffs' claim was barred by the one year statute of limitations. The plaintiffs appealed and now argue that the statute of limitations on their claim did not begin to run until the applicable period for appeal in the underlying litigation expired. For the following reasons, we affirm the decision of the trial court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 08/13/02 | |
| Debra Bolin v. Carl Bolin
M2001-02168-COA-R3-CV
Wife filed for divorce soon after Husband was sentenced to four years in prison for causing the death of Son. The trial court granted Wife the divorce on the grounds of inappropriate marital conduct. The court also determined that section 31-1-106 of the Tennessee Code prohibited Husband from collecting his portion of Son's life insurance policy. We affirm the decision of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 08/13/02 | |
| James Cone, dec. by next friend Tim Cone v. State
M2001-02242-COA-R3-CV
After his father was killed while crossing railroad tracks located in Sumner County, Tim Cone ("Plaintiff"), as next friend and on behalf of his father James R. Cone, sued the State of Tennessee ("Defendant") in the Claims Commission. Plaintiff claimed Defendant exercised control over the railroad crossing and was responsible for the dangerous condition at that crossing. Plaintiff also claimed Defendant negligently deprived James R. Cone of certain statutory rights. The Claims Commission granted Defendant's motion to dismiss for failure to state a claim upon which relief could be granted holding it did not have jurisdiction over Plaintiff's three claims. Plaintiff appeals. We affirm in part, reverse in part, and remand this case to the Claims Commission.
Authoring Judge: Judge David Michael Swiney
|
Sumner County | Court of Appeals | 08/13/02 |