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| Clifford W. Russell, et al., v. Susan I. Russell
M2001-00926-COA-R3-CV
This appeal involves a will contest coupled with a suit to construe the same will. The trial court granted summary judgment to the proponent on the will contest and summary judgment to the contestants on the will construction issues. We hold that the issues cannot be resolved on summary judgment and reverse the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 08/09/02 | |
| G.L. Vanhorn v. Dan Webb and Bryant M. Raines D/B/A Mickey's Late Night Party
M2001-00807-COA-R3-CV
This case arises from commercial property leases. The defendants operated a late night dance club on premises leased from the plaintiff. The plaintiff landlord unilaterally terminated the leases, changed the locks, and filed suit to recover for damage to the premises. While several pretrial motions were pending, the trial court scheduled the final hearing. The trial court found that the defendant tenants had a week-to-week oral lease and that the tenants violated the lease by engaging in illegal activity on the premises. On appeal, the defendant tenants argue that they were not given sufficient notice prior to the final hearing. We affirm, because the record does not show that the issues raised on appeal were presented to the trial court.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge Carol L. Soloman |
Davidson County | Court of Appeals | 08/09/02 | |
| Gallatin Housing Authority v. Rebecca and Dionisio Montesillo and Gallatin Housing Authority v. Margarita Flores
M2001-02260-COA-R3-CV
This appeal arises from two detainer warrants issued on behalf of appellee Gallatin Housing
Authoring Judge: Judge Thomas W. Brothers
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 08/07/02 | |
| Elizabeth Ann Baker v. Merrol Hyde, et al.
M2001-01752-COA-R3-CV
Elizabeth Ann Baker ("Plaintiff") is a school teacher. Plaintiff sued Steve Shepard, the principal of her school, and Sheila Pryor, another teacher. Plaintiff also sued Merrol Hyde, the director of Sumner County Schools, and Jeff Helbig, the school system's assistant director. Plaintiff claimed the four defendants ("Defendants") were liable for negligent and intentional infliction of emotional distress and civil conspiracy. In addition to her Answer, Pryor filed a Counter-Complaint against Plaintiff for slander. All four Defendants filed Tenn. R. Civ. P. 12.02(6) Motions to Dismiss. The Trial Court granted Defendants' Motions to Dismiss but did not address Pryor's pending Counter-Complaint. Plaintiff appeals. Because the judgment appealed from is not a final judgment under Tenn. R. App. P. 3, we dismiss and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Chancellor Thomas E. Gray |
Sumner County | Court of Appeals | 08/07/02 | |
| State of Tennessee v. Kristopher Roberts
W2001-01702-COA-R3-JV
This case involves a juvenile's appeal from an adjudication of delinquency. The jury found that the juvenile was guilty of disorderly conduct as a result of his actions at the Tipton County School Board building. The jury also found the juvenile guilty of assault and resisting arrest due to his actions in the Juvenile Court of Tipton County. We affirm the jury's verdict.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Joseph H. Walker, III |
Tipton County | Court of Appeals | 08/06/02 | |
| Andre Mayfield v. Ricky Bell
M2001-00486-COA-R3-CV
Appellant, a pro se inmate in the Department of Corrections, appeals the dismissal by the chancellor of his case pursuant to Tennessee Code Annotated section 41-21-812. We affirm the action of the chancellor.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/30/02 | |
| America Online v. Commissioner of Revenue
M2001-00927-COA-R3-CV
The Chancery Court of Davidson County granted summary judgment to America Online, Inc. on the Commissioner of Revenue's claim that AOL's activities in this state gave it a sufficient nexus to subject it to state taxes. Because we find that this question is fact-specific and that the record does not show that AOL is entitled to a judgment as a matter of law, we reverse.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/30/02 | |
| Rocky Hitson v. Dept. of Correction
M2001-02903-COA-R3-CV
This appeal involves a dispute between a prisoner and the Department of Correction regarding a disciplinary hearing held at the Northeast Correctional Complex in Mountain City. The prisoner filed a petition for writ of certiorari in the Chancery Court for Davidson County alleging that he had been substantially prejudiced by the Department's failure to follow its disciplinary rules. The trial court, relying on Sandin v. Conner, 515 U.S. 472, 115 S. Ct. 2293 (1995), granted the Department's Tenn. R. Civ. P. 12.02(6) motion and dismissed the petition. The petitioner has appealed. We have determined that the trial court's order should be vacated and remanded for further consideration in light of Willis v. Tennessee Dep't of Corr., ___ S.W.3d ___, 2003 WL 22019138 (Tenn. Aug. 27, 2003).
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/30/02 | |
| Randy Hensley v. Dept of Correction
M2001-02343-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/30/02 | |
| Randy Hensley v. Dept of Correction
M2001-02343-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/30/02 | |
| Jeffrey Simmons v. Gath Baptist Church
M2001-02511-COA-R3-CV
A man arrested for child sexual abuse brought an action against the church he once worked for, as well as against the Department of Children's Services and other governmental agencies, claiming that his arrest was procured by illegal or unconstitutional means. The trial court dismissed the action for failure to state a claim for which relief can be granted, and the passing of the Statute of Limitations. The court further held that the defendant governmental entities were immune from civil liability. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Appeals | 07/30/02 | |
| Quentin Cavnar v. State
M2002-00609-COA-R3-CV
This appeal involves the diagnosis and treatment of a person who was briefly hospitalized at Middle Tennessee Mental Health Institute. Following his release, the patient filed a claim with the Tennessee Claims Commission asserting that he had been misdiagnosed and that the staff had subjected him to mental abuse and torture. The Commission dismissed the patient's complaint after he failed to file a timely response to the State's Tenn. R. Civ. P. 12.02(6) motion to dismiss, and the patient has appealed. We have determined that the Commission properly dismissed the patient's claim, not only because of his tardy response but also because the response fails to state a claim upon which the Commission may grant relief.
Authoring Judge: Judge William C. Koch, Jr.
|
Court of Appeals | 07/30/02 | ||
| Barton Hawkins v. Dept of Correction
M2001-00473-COA-R3-CV
Petitioner, a state inmate, filed the underlying pro se petition for writ of certiorari to challenge the result of a prison disciplinary proceeding against him. The trial court dismissed the suit sua sponte for improper venue. Because the legislature has localized venue for actions brought by inmates to the county where the prison facility is located, we affirm the decision of the trial court, but remand for transfer to the appropriate trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 07/25/02 | |
| David Crockett v. Rutherford County
M2000-01405-COA-R3-CV
4899". The Chancery Court of Rutherford County found that the rezoning had "elements" of arbitrariness and capriciousness and amounted to spot zoning; nonetheless, the Court deferred to the Rutherford County Commission, upheld the zoning change, and dismissed the Plaintiff's lawsuit. The issues presented for appeal are whether the Chancellor erred as a matter of law by granting deference to the Rutherford County Commission on the zoning issue in spite of the Court's factual findings in favor of Plaintiff, and whether the Trial Court erred in finding that the zoning amendment did not violate the Establishment Clauses of the United States and Tennessee Constitutions.
Authoring Judge: Judge Jane W. Wheatcraft
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 07/25/02 | |
| Glenna Grissom vs. State
W2001-03021-COA-R3-CV
This is a Claims Commission case that was dismissed for failure to prosecute. In July 2000, the claimant filed a lawsuit with the Tennessee Claims Commission against the State of Tennessee. The State filed its answer in October 2000. In September 2001, the State filed a motion to dismiss for failure to prosecute, relying on Tennessee Code Annotated section 9-8-402(b), which provides for dismissal of a claim with the Claims Commission if the claimant does not take action to advance the claim for a one-year period, unless the claimant received prior written consent from the Commission. In November 2001, the Commission entered an order granting the State's motion to dismiss. On appeal, the claimant argues that the one-year period should be tolled pending a response to her complaint by the State. We affirm, finding that the statutory one-year period began to run when the claim was filed.
Authoring Judge: Judge Holly M. Kirby
|
Court of Appeals | 07/23/02 | ||
| Veriteena Hollins vs. Covington Pike Chrysler-Plymouth
W2002-00492-COA-R3-CV
Ms. Hollins filed suit against Covington Pike Chrysler-Plymouth in general sessions court. On the day of the scheduled trial, Ms. Hollins' counsel announced a judgment for the defendant. Both parties agree that this judgment was announced in order to move the case from general sessions court to circuit court. Ms. Hollins never appealed the judgment. Eleven months later she refiled the case in general sessions court. The sessions court dismissed the case finding it to be res judicata. Ms. Hollins appealed this decision to circuit court. The circuit court granted Covington Pike Chrysler-Plymouth's motion for summary judgment on the basis of res judicata. We agree.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 07/23/02 | |
| Thomas Ponchik vs. Don Paul, et al
W2002-00150-COA-R3-CV
Plaintiff, an inmate at a correctional facility, filed a complaint against the facility's private management company and its employees, alleging violations of prisoner's rights under the United States Constitution. The trial court dismissed the complaint for failure to state a claim upon which relief can be granted. Inmate appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 07/23/02 | |
| Brian Oakley et al. vs. State
W2002-00095-COA-R3-CV
This appeal involves the decision of the Claims Commission to dismiss the claimants' case for failure to prosecute. The claimants filed suit against the State alleging "negligent care, custody, and control of persons" after their father was killed by a juvenile inmate at the John S. Wilder Youth Development Center. The Claims Commission, finding that the claimants had failed to take action in over one year, granted the State's Motion to Dismiss for Failure to Prosecute. The claimants appeal the Claims Commission's order dismissing their case for failure to prosecute.
Authoring Judge: Presiding Judge Alan E. Highers
|
Court of Appeals | 07/23/02 | ||
| Roy Ernest Young v. Joylee Mayhew
W2002-00185-COA-R3-JV
Authoring Judge: Judge David R. Farmer
Originating Judge:Daniel L. Smith |
Hardin County | Court of Appeals | 07/23/02 | |
| James E. Johnson v. Bd. of Medical Examiners
M2002-00048-COA-R3-CV
This case involves the revocation of a physician's medical license. A patient saw a physician regarding a chronic skin condition. A series of unorthodox treatment methods resulted in the patient having upper respiratory problems, pain, dizziness, blurred vision, a small stroke, infection, and an abscess that had to be surgically drained and removed. As a result, the Tennessee Department of Health filed charges against the physician. After an administrative hearing, the Tennessee Board of Medical Examiners found that the physician engaged in unprofessional and unethical conduct, committed acts of gross malpractice, and demonstrated a pattern of incompetence and ignorance in the course of medical practice. The Board revoked the physician's medical license and assessed civil penalties. The physician sought judicial review in the chancery court. The chancellor affirmed the civil penalties but reversed the Board's revocation of the physician's medical license. The Tennessee Department of Health and the Tennessee Board of Medical Examiners appeal, arguing that the trial court substituted its judgment for the judgment of the Board. We reverse the ruling of the trial court, finding that the Tennessee Board of Medical Examiners did not abuse its discretion, did not act arbitrarily or capriciously, and that its revocation of the physician's medical license was supported by substantial and material evidence. Thus, we reinstate the Board's decision to revoke the physician's medical license.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/23/02 | |
| Kimberly Haas v. Albert Haas
M2000-02850-COA-R3-CV
In this appeal from the Davidson County Circuit Court, the Appellant, Kimberly Lynn Haas, questions whether the trial court erred in granting her an absolute divorce and rendering a final disposition of the parties' marital property, whether the trial court erred in denying the appellant's motion for judgment on the pleadings, whether the trial court erred in refusing to bifurcate the issues of liability and damages to the appellee's two antique chairs, whether the trial court erred in its division of the appellant's 401K Deferred Compensation Plan, whether the trial court erred in permitting the appellee to assert the Fifth Amendment on the issues of dissipation of marital assets and adultery, whether the trial court erred in refusing to meaningfully consider the appellant's gift of $25,000 to the appellee in dividing the parties' property, whether the trial court erred in awarding the appellee the Toyota 4-Runner, whether the trial court erred in awarding the appellee the rosewood antique table, whether the trial court erred in awarding the appellee the $2,500 General Motors Cash Rebate, whether the trial court erred in not requiring the appellee to assume any of the outstanding marital debt on the Honda Accord, whether the trial court erred in its division of the General Motors credit card debt, and the method of payment of such marital debt. We affirm the judgment of the trial court in part, reverse in part and remand as consistent with this opinion. Costs of this appeal shall be split between the parties.
Authoring Judge: Judge Don R. Ash
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 07/18/02 | |
| Robert Chagrasulis v. Board of Medical Examiners
M2001-01595-COA-R3-CV
Appellant lost his license to practice medicine in the State of Maine. He later relocated to Tennessee and filed an application for a license to practice medicine. The Tennessee Board of Medical Examiners (the "Board") denied his application based on the disciplinary action taken against him in the State of Maine. The Davidson County Chancery Court affirmed the Board's decision. Appellant now appeals the Davidson County Chancery Court's decision to this court and asserts that the Board's decision was arbitrary and capricious or an abuse of discretion. We affirm the trial court's decision.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/18/02 | |
| Team Design v. Anthony Gottlieb
M1999-00911-COA-R3-CV
This appeal raises important issues regarding the permissible range of court-annexed alternative dispute resolution procedures available under Tenn. S. Ct. R. 31. The case began in the Davidson County General Sessions Court as a dispute over payment for artwork and graphic design for a country music album. All the parties were dissatisfied with the general sessions court's disposition of their claims and perfected de novo appeals to the Circuit Court for Davidson County. When a dispute arose over the inability of two of the parties to be present on the agreed-upon trial date, the trial court, with all parties' agreement, entered an order referring the case to "binding mediation." The trial court conducted separate, off-the-record discussions with each of the parties and then entered an order finally adjudicating their claims. One of the parties filed a Tenn. R. Civ. P. 59.04 motion objecting to the order on the ground that it had not agreed to waive its right to a trial if the outcome of the mediation was unsatisfactory. After the trial court denied its motion, the moving party perfected this appeal. We have determined that the trial court lacked authority to conduct binding mediation or to finally adjudicate the parties' claims. Accordingly, we vacate the final order.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 07/18/02 | |
| Consumer Advocate Div. v. Tennessee Regulatory Authority
M1997-00238-COA-R3-CV
The principal issue in this case is whether telephone directory assistance service is basic or non-basic under the statutory scheme. Secondary issues involve the practice of grandfathering existing customers when a new tariff is approved, the exemptions to directory assistance charges, and whether the Tennessee Regulatory Authority was authorized to transfer a contested case to another docket. We affirm.
|
Court of Appeals | 07/18/02 | ||
| Jerry Seymour v. Tomisa Sierra
M2001-02278-COA-R9-CV
The only question involved in this appeal is whether an insured may proceed directly against its uninsured motorist carrier when the tortfeasor is in fact insured but service of process is returned "not to be found." The Circuit Court of Franklin County allowed the suit to proceed and we granted the insurance company's motion for an interlocutory appeal under Rule 9, Tenn. R. App. P. After briefing and oral argument, we affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Buddy D. Perry |
Franklin County | Court of Appeals | 07/16/02 |