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Paul E. Johnson v. The Metropolitan Government Of
M2001-00633-COA-R3-CV
Authoring Judge: Judge Don R. Ash
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 12/11/02 | |
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Rose Warnick vs. Carter County
E2002-00833-COA-R3-CV
This is a negligence action filed by Rose F. Warnick against Carter County ("the County") seeking damages for personal injuries arising out of an automobile accident involving the plaintiff and Keith G. Range ("Deputy Range"), a Carter County deputy sheriff, who, according to the complaint, was "acting within the course and scope of his authority as an agent, servant and employee of" the County at the time of the accident. The County filed a motion to dismiss pursuant to Tenn. R. Civ. P. 12.02(6). The trial court dismissed the plaintiff's complaint, holding that it was not filed within one year of the accident as required by the Governmental Tort Liability Act ("the GTLA"). We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jean A. Stanley |
Carter County | Court of Appeals | 12/11/02 | |
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James Pemerton & Deborah Pemerton v. Beauty Wall Painting
M2001-01638-COA-R3-CV
This is a breach of warranty case. The plaintiff homeowners contracted with the defendant painter to have their home painted. The contract included a one-year warranty on labor and materials. After the work was completed, the paint began to peel, blister, and separate from the wood siding. The homeowners sued the painter under the warranty. The trial court found that the homeowners complained of the problems within the one-year warranty period. The trial court awarded the homeowners damages for the amount paid to the painter, substantial damages for repairs, and discretionary costs. On appeal, the painter argued that the trial judge failed to properly understand the testimony of the parties regarding the painter's actions after being informed of the paint problems, and therefore, improperly discredited the painter's testimony with regard to the issue of the date the homeowners told the painter about the defective work. We affirm, finding that the defendant painter failed to show any basis for reversing the credibility determination of the trial court.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 12/11/02 | |
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John Garland vs. Tonia Garland
E2002-00949-COA-R3-CV
In this divorce action, the wife appeals the alimony award and amount of attorney's fees awarded to her. On appeal, we Affirm as Modified.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:James W. Mckenzie |
Rhea County | Court of Appeals | 12/11/02 | |
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Greg Melton v. Gerald Melton
M2002-00532-COA-R3-CV
Beneficiaries of irrevocable insurance Trust filed a Complaint against the Trustees, seeking to have the corpus of the trust distributed and the Trust terminated by its own terms. One Trustee, acting pro se, answered the Complaint. Beneficiaries filed a Motion for Summary Judgment supported by their joint affidavits. No response or countervailing affidavit was filed, and an Order was entered granting the Motion. Trustee appeals. We affirm
Authoring Judge: Judge W. Frank Crawford
Originating Judge:J. B. Cox |
Bedford County | Court of Appeals | 12/11/02 | |
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F. T. Greer v. Joseph Marci
M2001-02536-COA-R3-CV
This appeal arises from the denial of the Chancery Court of Sumner County of Plaintiffs' request for an injunction. The dispute involves the construction of a brick entranceway which connects a county road to Defendants' driveway easement over the Plaintiffs' property. The entranceway lies within the "metes and bounds" of a county road. The Chancellor refused to grant an injunction ordering removal of the entranceway holding that the county was the only party with standing to seek removal of obstructions within the right-of-way of a county road. We disagree with the Chancellor and find that the Plaintiffs own fee simple title to the pertinent portion of the right-of-way and therefore have standing to assert their ownership rights independent of the county. We therefore reverse the finding of the Chancellor and remand the case for further proceedings.
Authoring Judge: Judge Thomas W. Graham
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 12/11/02 | |
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Carrie Mildred Mayer Dube v. Michael Norman Dube
E2002-00413-COA-R3-CV
Carrie Mildred Mayer Dube ("Wife") sued Michael Norman Dube ("Husband") for a divorce. Wife is primarily a stay-at-home mother and Husband is an emergency room physician. The Trial Court divided the marital property with 65% of the property going to Wife. The Trial Court awarded Wife permanent alimony of $3,200 per month after finding Wife could not be sufficiently rehabilitated. Child support was set based on Husband's income for 2000, during which time he claims to have worked approximately 90 hours per week. Husband appeals the division of marital property, award of permanent alimony, and amount of child support which was based on his 90 hour work week. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Judge Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 12/09/02 | |
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Daniel Paul Spatafore v. Catherine Juanelle Spatafore
E2001-02459-COA-R3-CV
In this action, the Trial Court awarded custody of the parties' minor child to the father, and the mother has appealed.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Judge John B. Hagler, Jr. |
Bradley County | Court of Appeals | 12/05/02 | |
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Sally Qualls Mercer, et al., v. Vanderbilt University, Inc., et al.
M2000-00801-COA-R3-CV
This appeal involves a medical malpractice case arising out of the emergency treatment of an intoxicated driver who sustained catastrophic injuries in a single-vehicle accident. The driver's conservator filed suit in the Circuit Court for Davidson County alleging that the negligence of the driver's healthcare providers at Vanderbilt University Medical Center caused him to suffer irreversible brain injury that left him in a persistent vegetative state. A jury returned a verdict for the driver, assessing his damages at $7,366,000 and allocating seventy percent of the fault to Vanderbilt and thirty percent of the fault to the driver. Thereafter, the trial court determined as a matter of law that the driver's damages had been caused by a separate injury for which Vanderbilt was entirely responsible. Accordingly, the trial court set aside the jury's allocation of fault and entered a judgment holding Vanderbilt one hundred percent at fault for the entire amount of the driver's damages. We have determined that the judgment must be vacated and that Vanderbilt is entitled to a new trial because of the cumulative effect of the trial court's errors in excluding the testimony of three of Vanderbilt's witnesses as well as evidence of the driver's alcohol-related conduct.
Authoring Judge: Per Curiam
Originating Judge:Judge Carol L. Soloman |
Davidson County | Court of Appeals | 12/05/02 | |
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Rhandie Parker, et al., v. Wanda McDaniel, et al.
E2001-03110-COA-R3-CV
Shannon Dale Welch ("Welch") and Stacy Ann Brooks ("Brooks") were the only two occupants in an automobile traveling at a high rate of speed when it collided with a vehicle driven by Rhandie Parker ("Parker"). Parker's brother-in-law, Hershel D. Williams ("Williams"), was a passenger in his vehicle. As a result of the accident, Parker claimed $27,100 in property damage, medical expenses of $8,241.52, and personal injuries. Williams claimed medical expenses totaling $9,545.38 and personal injuries. Parker's wife, Janice Parker ("Ms. Parker"), asserted a claim for loss of consortium. A jury returned a verdict against Welch in favor of Parker for $35,000, and awarded Ms. Parker nothing. Williams was awarded $29,000. All three Plaintiffs appeal with the primary issue being the adequacy of the verdict. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Judge O. Duane Slone |
Grainger County | Court of Appeals | 12/03/02 | |
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William Davis vs. Reliance Electric Industrial
E2002-00973-COA-R3-CV
Arbitrator awarded compensatory and punitive damages to plaintiff for retaliatory discharge. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John A. Turnbull |
Cumberland County | Court of Appeals | 11/27/02 | |
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Dorothy Rault Heideman v. Richard Lawrence Heideman
W2001-01486-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 11/27/02 | |
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W2001-03088-COA-R3-CV
W2001-03088-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 11/26/02 | |
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In Re: The Estate of Martha G. Spencer
M2001-02187-COA-R3-CV
The origin of this appeal was a claim made against the Estate of Martha G. Spencer, by NHC Health Care of Lewisburg, a skilled nursing home, for services rendered her in the amount of $25,934.54. After a plenary trial the Chancellor dismissed the claim upon finding that NHC was estopped from pursuing its claim because of representations made that Ms. Spencer's expenses were covered by Medicare. NHC appeals. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:J. B. Cox |
Marshall County | Court of Appeals | 11/26/02 | |
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Shirley Daniel vs. James Daniel
W2002-01103-COA-R3-CV
This is an alimony case. At the time of the divorce, the parties had been married for almost thirty-one years. The husband was fifty-one years old, and the wife was forty-five years old. The husband owned his own backhoe/trackhoe company. The wife was a homemaker and raised the parties' three children. She has a sixth-grade education and earned her GED in 1997. Since the parties' separation, the wife had held five jobs but had not been able to maintain her employment. The parties agreed on the division of personal and real property, but disagreed over the value of the husband's business property. The trial court found that the husband made it difficult to ascertain the parties' financial situation. The trial court also found that the wife was economically disadvantaged and could not be rehabilitated. The wife was awarded alimony in futuro and attorney's fees. On appeal, the husband argues that the trial court erred in awarding the wife alimony in futuro and attorney's fees. We affirm, finding that the trial court did not err in concluding that the wife cannot be rehabilitated and in awarding alimony in futuro and attorney's fees.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:William Michael Maloan |
Obion County | Court of Appeals | 11/26/02 | |
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Donna Seals vs. Larry Seals
E2002-00100-COA-R3-CV
Donna Lynn Seals ("Wife") and Larry Clyde Seals ("Husband") were divorced in 2001, after seventeen years of marriage. The parties have one minor child ("Child"). Wife was primarily a stay-at-home mother during the marriage. Husband is employed as a general superintendent by Williams Union Boiler. The Trial Court found Husband's earnings for 2001 to be $117,000 in regular wages plus $16,380 in per diem. The Trial Court awarded Wife the parties' home in Hamilton County as alimony in solido and further ordered Husband to pay rehabilitative alimony in the amount of $1,365 per month for forty-two consecutive months. The Trial Court also ordered Husband to pay $2,063 per month in child support, which is an upward deviation due to Husband's absence of overnight parenting time since December 2000. Husband filed a post-trial Tenn. R. Civ. P. 52.01 motion for findings of fact. The Trial Court addressed this motion and entered its Final Decree of Divorce in November 2001. Husband appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Howell N. Peoples |
Hamilton County | Court of Appeals | 11/26/02 | |
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Mary F. Hall. v. Mary Rose Pippin.
M2000-01151-COA-R3-CV
The Defendants, Mary Rose Pippin and Dale Delaney appeal the Trial Court's dismissal of a Rule 60 motion, which attacked a previous determination by the Trial Court relative to their right to maintain a fence across a roadway over which the Plaintiffs, Mary F. Hall and Don K. Hall claim a private right-of-way. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Vernon Neal |
Putnam County | Court of Appeals | 11/26/02 | |
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Linda Sue Hathaway vs. Glenn Hathaway
E2002-00659-COA-R3-CV
The Trial Court ordered father to pay daughter's tuition to a college of her choice, based upon a provision in the Marriage Dissolution Agreement. On appeal, we modify.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Bill Swann |
Knox County | Court of Appeals | 11/26/02 | |
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Debra Persada vs. Tim Persada
E2002-00397-COA-R3-CV
In divorce action the parties reached an agreed property settlement by mediation. Before Judgment, the husband repudiated the agreement, but the Trial Court heard evidence on the validity of the agreement and enforced the agreement by entering Judgment thereon. We affirm on appeal.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:G. Richard Johnson |
Johnson County | Court of Appeals | 11/22/02 | |
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Charles Montague vs. Michael Kellum
E2002-01733-COA-R3-CV
This legal malpractice claim arises from the filing by attorney Michael D. Kellum ("Defendant") of an unverified post-conviction petition on behalf of Charles Montague ("Plaintiff"). The post-conviction petition was dismissed by the Criminal Court on the merits and because it was not verified. We vacated a previous grant of summary judgment to Defendant to allow Plaintiff time to conduct discovery. While on remand and during discovery, the Court of Criminal Appeals affirmed the dismissal of Plaintiff's post-conviction proceeding for the sole reason that the petition was unverified. Thereafter, the Trial Court again dismissed this lawsuit after concluding, inter alia, Plaintiff had suffered no damages. We vacate and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Jean A. Stanley |
Washington County | Court of Appeals | 11/22/02 | |
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Kay Dulin vs. Michael Dulin
W2001-02969-COA-R3-CV
This appeal arises from a custody dispute involving parental relocation with a minor child. The lower court dismissed Father's petition to oppose Mother's relocation and granted Mother's motion to dismiss. Father raises multiple issues on appeal. For the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 11/20/02 | |
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John Ruff vs. Raleigh Assembly
W2001-02578-COA-R3-CV
This appeal arises from a complaint filed by the plaintiff, John Ruff ("Mr. Ruff"), in the Circuit Court at Shelby County against the defendant, Raleigh Assembly of God Church, Inc. ("the church"), for assault, battery, false imprisonment and intentional infliction of emotional distress. At the conclusion of the trial, the trial court entered judgment in favor of the church. The parties raise multiple issues on appeal. For the following reasons, we affirm in part and remand
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 11/20/02 | |
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Andrew Downs vs. Crystal Bailey/Joni Downs
W2002-01362-COA-R3-JV
This is a child custody case. The two children involved were born to the mother and father during their marriage. In 1998, the mother and father were unable to care properly for the children, so the mother's sister (the children's aunt) obtained temporary custody. The mother and father divorced in 1999. In 2000, the father filed a petition for custody, claiming that he and his common-law wife could provide a stable home for the children. The aunt sought to retain custody. The mother intervened, arguing that, if permanent custody were not granted to the aunt, then custody should be awarded to her. After a hearing, the trial court granted custody to the father. The mother and the aunt appeal, both claiming that they are entitled to custody. We affirm, finding that the father's rights are superior to those of the aunt, and that the trial court did not err awarding custody to the father rather than the mother.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:William A. Peeler |
Tipton County | Court of Appeals | 11/20/02 | |
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Alton Dixon v. Nike, Inc.
CH-00-2232-2
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 11/20/02 | |
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Deborah Smith vs. Riley Smith
W2002-00477-COA-R3-CV
This is an appeal of a final decree of divorce and the order of the trial court on the moton to alter or amend, involving issues of division of marital property, alimony in futuro, contempt of court, and injunctive relief for Wife's alleged harassment of Husband. Husband appeals. We affirm in part, reverse in part, and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 11/20/02 |