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| Joe Livingston v. Jennifer Elaine Livingston
M2001-02697-COA-R3-CV
This is a divorce case. The trial court granted Joe Phillip Livingston ("Father") a divorce from Jennifer Elaine Livingston ("Mother") on the ground of inappropriate marital conduct and awarded primary physical custody of the parties' two minor children to Father. Mother was granted visitation rights; however, the court ordered that she "refrain from allowing the parties' children to be at the residence of [Mother's] maternal grandmother" during visitation. Mother appeals the award of custody and the granting of the divorce to Father. In addition, Mother also raises a procedural issue and questions the admission of certain evidence. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 06/27/02 | |
| Charles Dallas Cauthern, et al. v. City of White Bluff, Tennessee
M1998-00991-COA-R3-CV
This appeal stems from two landowners' efforts to change the zoning classification of their property from residential to commercial and industrial. After the White Bluff Town Council denied their request, the landowners filed a petition for writ of common-law certiorari in the Chancery Court for Dickson County alleging that the council's action was invalid because one council member who had recused himself from voting on the proposed zoning change actively opposed their request and caused another council member to recuse himself. The trial court, sitting without a jury, denied the landowners' petition, and the landowners have appealed. Treating the petition as a complaint of declaratory judgment, we have determined that the effectiveness of the council member's recusal is a nonjusticiable political question. Accordingly, we affirm the trial court's conclusion that the landowners were not entitled to judicial relief.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Leonard W. Martin |
Dickson County | Court of Appeals | 06/27/02 | |
| Lawrence County v. Jerry Brewer, et al .
M2001-00078-COA-R3-CV
This matter involves a dispute over payment of solid waste disposal fees, which the Lawrence County Commission attempted to charge the citizens of Lawrence County, and application of late payment penalties to these fees. Lawrence County filed complaints in order to collect overdue solid waste fees that the Commission allegedly enacted on May 25, 1999 by Resolution #11052599. The trial court determined that Resolution #11051599 did not impose any solid waste fees on the residents of Lawrence County and dismissed Plaintiff's complaints. We affirm the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Robert L. Holloway |
Lawrence County | Court of Appeals | 06/27/02 | |
| K. Mahendra Chowbay v. Brian Davis, et al.
M2001-01838-COA-R3-CV
In this premises liability case, K. Mahendra Chowbay ("Plaintiff") sued the owners of a club, Silverado's Saloon and Dance Hall ("Silverado's"), for injuries Plaintiff received during an assault by one of Silverado's patrons, Brian Davis. Plaintiff also sued Davis. Silverado's owners, Pat Patton and Eight Track Management Company, LLC, d/b/a Silverado's Saloon and Dance Hall ("Defendants"), filed a Tenn. R. Civ. P. 12.02(6) motion to dismiss which must be treated as a motion for summary judgment because matters outside the pleadings were submitted to the trial court. Defendants contended in their motion that since Davis' assault of Plaintiff occurred on property neither owned nor operated by Defendants, Defendants owed no duty of care to Plaintiff to protect him from such an assault. The trial court granted Defendants' motion. Plaintiff appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 06/27/02 | |
| Tracey L. (Yanusz) Taylor v. John J. Yanusz
M2001-02760-COA-R3-CV
This appeal involves a dispute over the custody of a five-year-old boy. His parents were divorced following his mother's extramarital affair. Their marital dissolution agreement established a joint custody arrangement with the father having primary physical custody. Following an unsuccessful two-year reconciliation effort, the child's mother petitioned the Sumner County General Sessions Court for sole custody. The father insisted that the child's circumstances had not changed and that he continued to be more fit than the mother to be the child's primary custodian. The trial court, sitting without a jury, determined that the child's circumstances had changed and that the child's interests would be best served by placing him in his mother's custody. The father asserts on this appeal that the child's circumstances have not changed materially and that the evidence does not support giving sole custody to the mother. While we have determined that the child's circumstances changed following his parents' divorce, we have determined that the evidence preponderates against the trial court's conclusion that the changes are so escalating and dangerous that they required a change in the original custody arrangement. Accordingly, we vacate the order awarding the mother sole custody of the child and remand the case for further proceedings.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:C. L. Rogers |
Sumner County | Court of Appeals | 06/27/02 | |
| Calvin Tankesly v. Sgt. Pugh, et al.
M2000-01520-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 06/27/02 | |
| Stanley Alford vs. Pamela Alford
E2001-02361-COA-R3-CV
In this divorce case, the trial court dissolved a marriage of 21 years and divided the parties' marital property. Stanley David Alford ("Husband") appeals, arguing that the division of property was not equitable and that the trial court erred in requiring him to pay the post-separation debts of his wife, Pamela Ward Alford ("Wife"). By way of a separate issue, Wife contends that the trial court erred in refusing to award retroactive child support. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Joyce M. Ward |
Hamblen County | Court of Appeals | 06/27/02 | |
| Tonya Ray v. William Ray
M2002-01553-COA-R10-CV
This extraordinary appeal involves a dispute over the custody of four-year-old twins. On October 5, 2001, this court vacated an order of the Circuit Court for Davidson County granting custody of the twins to the former husband of their biological mother and remanded the case for the purpose of determining whether the twins' biological father is currently fit to have custody and whether placing the twins in his custody will expose them to substantial harm. On June 27, 2002, the trial court declined to permit the biological father to continue visitation with the twins pending court-ordered psychological evaluations of the biological father and the twins. We have determined that the June 27, 2002 order must be vacated because it lacks evidentiary support and is based on a significant misinterpretation of our October 5, 2001 opinion.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 06/27/02 | |
| In Re: Estate of Vivian McSwain
M2001-02309-COA-R3-CV
Robert L. Poe, in his capacity as the executor of the Estate of Vivian K. McSwain, filed a motion to set his fee and expenses. Following a bench trial on the executor's motion, the trial court awarded the executor $20,000. The executor appeals, arguing that the award is inadequate. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 06/27/02 | |
| E2001-02860-COA-R3-CV
E2001-02860-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Billy Joe White |
Campbell County | Court of Appeals | 06/27/02 | |
| Robert Jones vs. Vick Idles
E2001-02833-COA-R9-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 06/26/02 | |
| Larry Morgan d/b/a Morgan Contracting vs. Tellico Plains
E2001-02733-COA-R3-CV
In this contract dispute, the Plaintiff, Morgan Contracting, Inc. ("Morgan") sued the Town of Tellico Plains, alleging that it was due $68,464.86 under the terms of the contract. Tellico Plains answered with the defense that Morgan's claim was time-barred under the sixty-day limitations period set forth in the contract. After a non-jury trial, the Court ruled that Morgan had not filed suit within the contractual limitations period and consequently dismissed Morgan's cause of action. On appeal, Morgan argues that the Trial Court erred in not finding that Tellico Plains waived its right to rely upon the contractual limitations period provision. We affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Lawrence H. Puckett |
Monroe County | Court of Appeals | 06/26/02 | |
| Jimmy Pardue vs. Theresa Pardue
W2001-01731-COA-R3-CV
This is an appeal from the trial court's decision denying appellant's motion to void an Irreconcilable Differences divorce decree because it was granted within ninety-days of the divorce's filing. Though the appellant sought the voiding of the decree as alternative relief, it appears the essence of the relief sought is child support modification. Thus, the attempt to void the decree is a collateral attack on the judgment and the ninety-day requirement cannot be used in a collateral attack to void a divorce decree.
Authoring Judge: Judge D'Army Bailey
Originating Judge:Dewey C. Whitenton |
Fayette County | Court of Appeals | 06/26/02 | |
| Erin Moneymaker Earley v. Robert A. Moneymaker
2001-02462-COA-R3-CV
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 06/26/02 | |
| Sherry Hopkins vs. James Hopkins
E2001-02849-COA-R3-CV
In this appeal from the Circuit Court for Sevier County the Appellant, James Franklin Hopkins questions whether the Trial Court erred in awarding alimony to the Appellee, Sherry Mae Hopkins, and in ordering that all of Ms. Hopkins' debts be paid out of proceeds from the sale of the marital residence. Mr. Hopkins also asserts that Ms. Hopkins unlawfully disposed of marital assets. We affirm in part and modify in part.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Ben W. Hooper, II |
Sevier County | Court of Appeals | 06/26/02 | |
| Robert Jones vs. Vick Idles
E2001-02833-COA-R9-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 06/26/02 | |
| Dept of Children's Services vs. NFGWP, in re:KSG and AlW
E2001-01996-COA-R3-CV
The Trial Court terminated the mother's parental rights to two minor children. On appeal, we affirm.
Originating Judge:Jamie L. Cotton |
Scott County | Court of Appeals | 06/25/02 | |
| Cheryl Nichols v. Transcor America
M2001-01889-COA-R9-CV
A female prisoner who was allegedly raped by an employee of TransCor America, Inc., an inmate transportation company, brought suit against the company for negligence and breach of contract. The trial court granted partial summary judgment to the defendant company on the negligence claim, ruling among other things that it is not a common carrier under Tennessee law. The court also denied the company's motion for summary judgment on the plaintiff's contract claim. Both parties filed applications for an interlocutory appeal, which we granted. We affirm the trial court as to both issues.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 06/25/02 | |
| Kasiea Chance vs. Carl Gibson
E2001-02836-COA-R3-JV
This is a suit by Kasiea Delawn Chance, adult daughter of Kayla D. Leonard, and Ms. Leonard, who joins in the prosecution of this suit against Carl Dennis Gibson, Jr., seeking to establish his paternity as to Ms. Chance and recover support from the date of Ms. Chance's birth, medical expenses incident thereto, and attorney fees. We affirm in part; vacate in part and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Jeffrey D. Rader |
Sevier County | Court of Appeals | 06/25/02 | |
| Jonathan H. vs. James Stewart
E2001-02485-COA-R3-CV
This is a suit brought by Jonathan H., through his mother and next friend, Lisa S., and Lisa S., individually, seeking by means of a writ of certiorari and supercedes, to reverse a determination of the Anderson County School Board expelling Jonathan H. for one year because the Board found that he had violated its zero tolerance policy by possessing drugs on a school campus. We vacate the judgment below, dismiss the appeal and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 06/25/02 | |
| Dairy Gold vs. Michael Thomas
E2001-02463-COA-R3-CV
In this dispute over a commercial lease, the Chancellor entered Judgment for lessor for limited rents, taxes and attorney's fees. On appeal, we affirm. In this dispute over a commercial lease, the Chancellor entered Judgment for lessor for limited rents, taxes and attorney's fees. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 06/25/02 | |
| Richard Taylor vs Steven Burleson
E2001-02381-COA-R3-CV
In this declaratory judgment action, plaintiffs lot owners, sought to invalidate subdivision restrictive covenants on grounds other lot owners had violated the restrictions. The Trial Court refused. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 06/25/02 | |
| Guy R. Jenkins, et al vs. Dan Gibbs
E2001-01802-COA-R3-CV
After a dispute arose over the ownership of 1000 shares of stock in City Bonding Company ("City Bonding"), Guy Jenkins and Aubrey Allen Jenkins ("Plaintiffs") sued Dan Gibbs ("Defendant") seeking a determination as to how many shares of stock were owned by the various parties. Guy Jenkins also claimed Gibbs unlawfully procured the breach of a contract Guy Jenkins had with City Bonding. The trial court granted Gibbs summary judgment on the unlawful procurement of breach of contract claim. After a trial on the remaining issues, the trial court determined Gibbs owned 490 shares of stock, Guy Jenkins owned 255 shares, and the remaining 255 shares were unissued. All parties appealed the trial court's determination with respect to ownership of the stock. Guy Jenkins also appealed the granting of summary judgment on his claim against Gibbs for unlawful procurement of breach of contract. We vacate the summary judgment granted to Gibbs and affirm the judgment in all other respects.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 06/24/02 | |
| Mary Trew, d/b/a Trew's Wrecker vs. David Haggard
E2001-02183-COA-R3-CV
Trew's Wrecker Service and the Roane County Sheriff's Department entered into an oral contract regarding towing and storage services for vehicles seized by the Sheriff's Department in drug interdiction and DUI enforcement matters. The parties dispute many of the terms of the oral contract, including how much Trew's Wrecker Service was to be paid for towing and storage and when the Sheriff's Department was required to hold a sale of the seized vehicles in order to clear the wrecker service lot. Mary Trew, d/b/a Trew's Wrecker Service ("Plaintiff"), sued the Roane County Sheriff's Department and Sheriff David B. Haggard ("Defendants") for "breach of contract, and benefits conferred." The Trial Court awarded damages based upon a $45 per vehicle towing and storage charge for 83 vehicles. Plaintiff appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Russell E. Simmons, Jr. |
Roane County | Court of Appeals | 06/24/02 | |
| Donald Tangwall vs. Patrick Stapleton
E2001-02121-COA-R3-CV
Plaintiff filed a Petition in bankruptcy and subsequently filed suit in Circuit Court, claiming damages against defendants. The Trial Court dismissed plaintiff's action. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 06/24/02 |