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| Alfred Akin v. Kylan Thompson
M2001-00851-COA-R3-CV
The plaintiff Alfred Akin was rear-ended by a vehicle driven by the defendant Kylan Thompson, who was uninsured. The Allstate Insurance policy on the Akin vehicle provided uninsured motorist coverage with limits of $100,000 per person and $300,000 per occurrence. Though in his personal vehicle, Mr. Akin was in the course and scope of his employment with the Metropolitan Nashville Water Works when injured. Metro government does not have a workers' compensation program, but has a benefit program for on-the-job injuries, under which it paid more than $100,000 for medical bills and disability benefits. The trial court held that Allstate's limits were reduced by amounts paid "under any workers' compensation law, disability law, or similar law . . . ." and also found that the loss of consortium claim of Mrs. Akin was derivative in nature and subject to the same $100,000 "each person" limit and reduction. We affirm the trial court's grant of summary judgment in favor of Allstate.
Authoring Judge: Judge Robert L. Jones
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 07/12/02 | |
| Mary Kelley v. Mahlon Johns
M1998-00912-COA-R3-CV
This appeal involves an intra-family dispute over the validity of an 88-year-old decedent's will leaving his farm to one of his nine children. After the will was admitted to probate in the Maury County Probate Court, six of the decedent's children filed suit in the Circuit Court for Maury County asserting that their father lacked testamentary capacity when he executed the will and that the will had been procured by undue influence by the child who received the farm. A jury determined that a confidential relationship existed between the decedent and his son when the disputed will was executed and that the will was procured by undue influence. Accordingly, the trial court entered an order invalidating the will and setting aside the pending probate proceeding. On this appeal, the child who received the farm from his father insists that the evidence does not support the jury's findings that he had a confidential relationship with his father and that he exerted undue influence over his father with regard to the substance of the will. We have determined that the record contains material evidence to support the jury's verdict and, therefore, affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Robert L. Jones |
Maury County | Court of Appeals | 07/12/02 | |
| Robert Marengo & Francine Marengo v. Terry Bowen
M2000-02379-COA-R3-CV
This is an appeal from the judgment of the Chancellor regarding the judicial dissolution of a continuing partnership. The trial court determined the withdrawing partner's debt should not be offset against his capital account in assessing his dissolution date value until the valuation of the business was made by the court, it was proper to add an additional $20,000 as a going concern adjustment to the valuation of the partnership, certain salary adjustments were proper, and a marketability and/or minority discount does not apply to the partnership. This Court concluded the trial court's determination offsetting the withdrawing partner's debt to the partnership as of the trial date was proper, the trial court erred in adding an additional $20,000 as a going concern value to the valuation of the partnership, the trial court's salary adjustment was proper, the trial court's refusal to apply a minority and/or marketability discount was proper, and the trial court's adjustment for a portion of the partnership's legal and professional expenses was proper. The judgment of the trial court is affirmed in part, reversed in part, and remanded for recalculation of the value of the withdrawing partner's interest as consistent with this order. Costs of this appeal shall be split between the appellant and the appellee.
Authoring Judge: Judge Don R. Ash
Originating Judge:Vernon Neal |
Putnam County | Court of Appeals | 07/12/02 | |
| In Re: The Estate of Lonzo Kelley
M2001-00847-COA-R3-CV
Lonzo Kelley operated a grocery store and borrowed a total of $250,000 from Heritage Bank ("Defendant") to operate the store. After Mr. Kelley died and there was no person or entity willing to assume control of the store, Defendant assumed operation of the store with the stated intent of protecting the assets, some of which were perishable. Defendant also believed the store would be more valuable at the time of foreclosure if it continued to remain open up until the time of sale. Defendant purchased new inventory and continued to operate the store until foreclosure took place. After foreclosure, and after deducting all expenses, etc., approximately $3,874.88 remained, which Defendant kept on deposit. Several years later, The Estate of Lonzo H. Kelley ("Plaintiff") filed suit making numerous challenges to Defendant's accounting practices, the manner in which Defendant operated the store, as well as its legal right to assume control of the store. Both parties filed motions for summary judgment. The Trial Court granted judgment to Plaintiff in the amount of $9,132.09, but determined Defendant was within its rights to assume control of the store and had not engaged in any wrongful acts while operating the store. Plaintiff appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Michael R. Jones |
Montgomery County | Court of Appeals | 07/12/02 | |
| Patricia Grice v. Larry Grice
M2001-02105-COA-R3-CV
This appeal arises from a divorce proceeding initiated by the wife. The trial court, holding that both parties contributed to the demise of the marriage, granted the parties a divorce. The trial court then granted the wife rehabilitative alimony for a period of eighteen months, as well as alimony in solido, but denied the wife's request for alimony in futuro. The primary issue on appeal is whether the trial court erred in granting the wife rehabilitative alimony as opposed to alimony in futuro. For the following reasons, we affirm, as modified.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Leonard W. Martin |
Humphreys County | Court of Appeals | 07/11/02 | |
| David Anthony Norman v. Melissa Dawn Norman
M2001-02796-COA-R3-CV-
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 07/11/02 | |
| P.E.K. v. J.M. and C.Y.M.
M2001-02190-COA-R3-CV
This case, before this Court for the second time, involves an interstate battle between never-married parents over custody of a minor daughter. The trial court found that under the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the trial court had jurisdiction of the custody dispute and entered judgment awarding custody of the minor daughter to the Petitioner-Father. Mother has appealed. We affirm in part, reverse in part, and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Jim T. Hamilton |
Wayne County | Court of Appeals | 07/11/02 | |
| Marchella Richardson v. Terry Stacey
M2001-02167-COA-R3-CV
Plaintiff, landowner, sued defendant, adjoining landowner, to enjoin him from trespassing on her land, committing a nuisance, and for damages. Plaintiff secured a temporary restraining order, and after a nonjury trial, plaintiff was granted injunctive relief in several particulars and was awarded compensatory and punitive damages. Defendant appeals. We modify in part and affirm as modified.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 07/11/02 | |
| Joseph Meadors v. Sonya Danielle Shrum
M2001-02691-COA-R3-CV
This case involves a petition to modify visitation. The mother and father were divorced in January 1999. By agreement, the mother was granted custody of the parties' minor child, and the father was given visitation. The divorce decree provided that the father's visitation schedule would change from week to week depending on father's fluctuating work schedule in his job as an emergency medical technician. This schedule necessitated repeated negotiating between the mother and the father to agree on the father's visitation schedule. In April 2001, the father petitioned the court for "standard" every-other-weekend visitation, without regard to his work schedule, in order to end the parties' pattern of negotiating and bickering. The trial court determined that the parties were unable to work together amicably, and ordered "standard" every-other-weekend visitation in order to minimize the interaction between the parties. The mother now appeals. We affirm, finding that the parties' inability to implement amicably the ordered visitation arrangement constituted a sufficient change in circumstances to warrant the slight modification in visitation.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:C. L. Rogers |
Sumner County | Court of Appeals | 07/11/02 | |
| 10-00-095-P
10-00-095-P
Originating Judge:A. Andrew Jackson |
Dickson County | Court of Appeals | 07/10/02 | |
| CH-00-1654-1
CH-00-1654-1
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 07/10/02 | |
| M2001-01320-COA-R9-CV
M2001-01320-COA-R9-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:C. L. Rogers |
Sumner County | Court of Appeals | 07/10/02 | |
| Alison Rinner v. Robert Rinner
M2001-02307-COA-R3-CV
This is a divorce case. The father and mother were both forty-one years old and had a six-year-old daughter. The trial court ordered the father to pay rehabilitative alimony, child support, and a portion of the mother's attorney's fees. On appeal, the father argues that the trial court improperly considered bonus money the father had received, that it erred in not ordering that child support on income in excess of $10,000 be placed in trust, that it erred in ordering him to pay rehabilitative alimony and a portion of the mother's attorney's fees, and also erred in failing to assign tax liability regarding certain stock options. We affirm the trial court's calculation of child support, the decision not to pay a portion of the child support into a trust, the order to pay rehabilitative alimony and a portion of the mother's attorney's fees, and find that the trial court was not required to assign tax liability as to the stock options.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 07/10/02 | |
| Brenda Lehman v. Sylvia Vines
M2001-01811-COA-R3-CV
Plaintiff-attorney sued former client for balance of amount due under fee agreement. In a nonjury trial, the trial court found that the client owed a balance of $4,209.00, and entered judgment for plaintiff in that amount. The client appeals, and we reverse and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 07/10/02 | |
| Sumner Co. Bd of Ed. v. Mansker Farms
M2001-01888-COA-R3-CV
This is a dispute over an option contract. Mansker Farms, a land developer, offered the Sumner County School Board an option on land in its development to build a school. A dispute arose over whether a condition precedent existed in the contract and whether the nonfulfillment of this condition prevented the School Board from exercising the option. The trial court found that no valid contract existed because there was no meeting of the minds between Mansker Farms, who gave the option, and the Sumner County Board of Education, who attempted to exercise the option. For the following reasons, we affirm the ruling of the trial court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 07/10/02 | |
| The National Mutual Insurance Company, v. Jo Ivory Polk
W2001-01555-COA-R3-CV
This is a declaratory judgment action brought by an insurer seeking to void a property insurance policy for alleged misrepresentation in the application for the policy. The insured filed a counter claim seeking recovery under the policy. The trial court granted the insurance company's motion for summary judgment and declared the policy void ab initio. We reverse and remand.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Rita L. Stotts |
Shelby County | Court of Appeals | 07/09/02 | |
| Carolyn Phelps v. Michael McGill, Commissioner of the Tennessee Department of Labor and Workforce Development, et al.
W2002-00018-COA-R3-CV
Plaintiff was discharged from her employment for making a false statement concerning her health in her application for employment to defendant-employer. The false statement was discovered some years after her employment commenced when she sustained an injury at work which had no relation to the false answers in the application. Plaintiff was denied unemployment benefits because of work-related misconduct which was affirmed by the Board of Review. Plaintiff filed a Petition for Judicial Review in the chancery court. The chancery court affirmed the Board of Review, and plaintiff appeals. We affirm.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor Joe C. Morris |
Madison County | Court of Appeals | 07/09/02 | |
| Strategic Capital Resources, Inc., et al., v. Dylan Tire Industries, LLC., et al.
M2001-00790-COA-R3-CV
Strategic Capital Resources, Inc. and FPE Funding, LLC sued the buyer and seller of the Pirelli tire plant in Nashville and other parties involved in structuring and financing the transaction. The complaint alleged that the buyer and seller breached an agreement with Strategic, and that other parties were guilty of fraud, inducement of breach of contract, conspiracy, and had been unjustly enriched at the expense of Strategic.. The Chancery Court of Davidson County granted the defendants' Tenn. R. Civ. P. 12.06 motion to dismiss because Strategic's contract with the buyers did not bind the buyer to deal exclusively with Strategic. We affirm.
Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Chancellor Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/09/02 | |
| Jackie D. Dillard v. Meharry Medical College, et al.
M2001-02038-COA-R3-CV
The jury returned a verdict for the defendant surgeon and hospital in this medical malpractice action. The plaintiff argues on appeal that the trial court committed reversible error at several stages of the trial, including jury selection, witness testimony and jury instructions. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 07/09/02 | |
| Rita Jones vs. Clinton Jones
E2001-03112-COA-R3-CV
In this divorce case, the issues raised on appeal all pertain to the trial court's alimony award. That court awarded Rita Jo Findley Jones ("Wife") alimony of $756 per month "until the death or remarriage of [Wife] or until such time as the court modifies its order in this regard." Clinton Garland Jones ("Husband") appeals, contending that Wife is not entitled to alimony; that, if she is entitled to spousal support, she should be awarded rehabilitative alimony rather than alimony in futuro; and that, in any event, $756 per month "is excessive." We modify the trial court's award of alimony. As modified, it is affirmed.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Steven C. Douglas |
Cumberland County | Court of Appeals | 06/27/02 | |
| Kuehne & Nagel, Inc. v. Preston, Skahan & Smith International, Inc.
M1998-00983-COA-R3-CV
This appeal involves a contract dispute between a customs broker and an importer of Russian vodka. The customs broker sued the importer in the Davidson County General Sessions Court seeking to recover $4,781.16, and the importer counterclaimed alleging fraud, breach of fiduciary duty, and usury. After the general sessions court dismissed both cases, the parties appealed to the Circuit Court for Davidson County. On the day of trial, the trial court denied the importer's motion to exclude nine invoices that the customs broker had failed to produce during discovery. Thereafter, the trial court, sitting without a jury, awarded the customs broker a $4,623.16 judgment and dismissed the importer's countersuit. On this appeal, the importer asserts that the trial court erred by refusing to exclude the nine invoices and that the evidence preponderates against the judgment. We have determined that the trial court did not abuse its discretion by denying the importer's motion in limine and that the evidence supports the judgment for the customs broker. Accordingly, we affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 06/27/02 | |
| City of Gatlinburg vs. James Odom, d/b/a Thomas Kincade Galleries
E2001-02934-COA-R3-CV
On nine separate occasions, the defendant was cited to the Gatlinburg Municipal Court by the City of Gatlinburg for building without a permit. The citations were consolidated for trial on October 17, 2001. Following an adverse ruling, the defendant attempted to appeal to the Sevier County Circuit Court. In doing so, he filed his appeal bonds in the circuit court. The City moved to dismiss the appeals, contending that the appeal bonds should have been filed in the municipal court. The circuit court dismissed the appeal, finding that it had no jurisdiction of the appeal. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Richard R. Vance |
Sevier County | Court of Appeals | 06/27/02 | |
| James Raulston vs. Montgomery Elevator
E2002-00216-COA-R3-CV
This is a negligence action stemming from injuries allegedly sustained by Plaintiff James Michael Raulston when the elevator in which he was riding allegedly fell approximately five floors and came to an abrupt stop. Mr. Raulston sued Defendant Montgomery KONE, Inc. ("Montgomery KONE"), alleging it was negligent in failing to properly maintain the subject elevator in a safe condition. Montgomery KONE filed a motion for summary judgment, which the Trial Court granted. Mr. Raulston argues on appeal that the Court's grant of summary judgment was improper. We find there are genuine issues of material fact and therefore vacate the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 06/27/02 | |
| Roy Jones vs. Perry Spurling
E2001-02875-COA-R3-CV
This is a suit by Roy Jones, a tenured teacher in the Morgan County School System, against Perry Spurling, Keith Adcock, Cassandra Duncan, Debbie Lively, and Conrad Strand, Members of the Morgan County Board of Education, Paul Scarbrough, Superintendent of the Morgan County Schools, and the Morgan County Board of Education. The suit seeks, by means of a writ of certiorari, to overturn a determination of the Board that Mr. Jones' employment should be terminated because of an altercation between him and a student. We vacate and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Frank V. Williams, III |
Morgan County | Court of Appeals | 06/27/02 | |
| Janet Bolton, et al vs. State of Tennessee
E2001-02960-COA-R9-CV
Janet Bolton and Jack Bolton ("Plaintiffs") sued the State of Tennessee ("State"), alleging the State was liable for injuries Janet Bolton received in a motor vehicle accident which occurred on a State highway in Loudon County. The State filed a Motion for Summary Judgment, arguing it was entitled to judgment as a matter of law under the defense of discretionary function immunity. The Tennessee Claims Commission denied the motion. The State appeals. We affirm, in part, and reverse, in part, and remand.
Authoring Judge: Judge David Michael Swiney
|
Loudon County | Court of Appeals | 06/27/02 |