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| Sylvester Young v. Leah Barrow
M2001-00876-COA-R3-CV
This appeal arises out of a minor intersection accident. The complaints of the driver and passenger of one of the motor vehicles against the driver of the second motor vehicle were consolidated in the Circuit Court for Davidson County. The trial court granted a directed verdict against the plaintiff driver at the close of the plaintiffs' proof. Thereafter, the plaintiff driver filed a second lawsuit against the defendant driver and her insurer. The trial court dismissed the second suit on the ground of res judicata and granted the insurer's motion for a judgment on the pleadings. The plaintiff driver has perfected this appeal. We affirm the dismissal of his second complaint.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 02/22/02 | |
| Tony Makoka v. Howard Cook
M2001-01013-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/22/02 | |
| Christy Bauer vs. William Bauer
M2001-00266-COA-R3-CV
In this divorce case, the Trial Court awarded custody of the child of the parties to the mother, and awarded attorney fees to the mother. Father has appealed these awards. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 02/22/02 | |
| Nicole Keeler v. Michael Keeler
M2001-00684-COA-R3-CV
In this divorce case, the trial court awarded the parties joint custody of their minor children, with primary physical custody awarded to the father. The mother contends on appeal that she is the more fit parent and should have been given primary custody. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 02/22/02 | |
| William Steele v. Richard Berkman
M2001-02250-COA-R10-CV
This appeal arises from a medical malpractice complaint filed by the Appellees in the Circuit Court of Davidson County against the Appellant, six other doctors, and two hospitals. The Appellant filed a motion for summary judgment. The trial court denied the Appellant's motion for summary judgment. The Appellant filed an application for extraordinary appeal with this Court pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure. This Court granted the application for extraordinary appeal. For the reasons stated herein, we reverse the trial court's denial of summary judgment against the Appellant.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 02/22/02 | |
| Omawali Shabazz, aka Fred Edmond Dean vs. Greeley Wells
E2001-02315-COA-R3-CV
In this suit, wherein Omawali Ashanti Shabazz, a/k/a, Fred Edmond Dean, seeks to acquire certain materials held in the office of the District Attorney General. The Trial Court denied the relief he sought because, under Tenn.R.Crim. P. 16, he was not entitled to the material while a post-conviction proceeding was pending. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Appeals | 02/21/02 | |
| Omawali Shabazz, aka Fred Edmond Dean vs. Greeley Wells
E2001-02315-COA-R3-CV
In this suit, wherein Omawali Ashanti Shabazz, a/k/a, Fred Edmond Dean, seeks to acquire certain materials held in the office of the District Attorney General. The Trial Court denied the relief he sought because, under Tenn.R.Crim. P. 16, he was not entitled to the material while a post-conviction proceeding was pending. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Appeals | 02/21/02 | |
| Eagle Vision vs. Odyssey Medical
W2001-01772-COA-R3-CV
This is an action for misappropriation of trade secrets in which the manufacturer of a surgical product allegedly misappropriated the product design and marketed a competing product after the developer discontinued its relationship with manufacturer. Trial court granted summary judgment in favor of manufacturer on all claims. We reverse and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 02/20/02 | |
| Joyce Howell vs. Phillip Howell
W2001-01167-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 02/20/02 | |
| ANR Pipeline Co., Colonial Pipeline Co., Columbia Gulf Transmission Co., et al. v. TN Board of Equalization
M2001-01098-COA-R12-CV
Pipelines for the transport of petroleum products were installed sub-surface by various companies which acquired easements over affected freeholds. These pipelines were assessed as real estate for purposes of taxation. Petitions for Review were filed by the Pipeline Companies alleging that the pipelines were personal property. The decision of the Board of Equalization is reversed.
Authoring Judge: Per Curiam
|
Williamson County | Court of Appeals | 02/20/02 | |
| Joyce Howell vs. Phillip Howell
W2001-01167-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 02/20/02 | |
| State/Mae Clark vs. Charles Clark
W2001-01896-COA-R3-CV
This appeal involves an obligor parent's failure to comply with court ordered child support obligations. The State of Tennessee, on behalf of a custodial parent, sought to reduce arrearage in the obligations to judgment. The State was successful and the custodial parent was awarded $14,000.00 in arrearage. The obligor parent appealed and, for the following reasons, we affirm the lower court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Clayburn L. Peeples |
Haywood County | Court of Appeals | 02/20/02 | |
| Marilyn Yount v. Bruce Yount
M2001-01335-COA-R3-CV
The trial court granted a divorce to the wife, and awarded her alimony in futuro of $2,000 per month. The husband argues on appeal that the wife does not need any alimony, and that he himself does not have the ability to pay the alimony. The proof shows that he does indeed have the ability to pay, but that the wife's needs are more appropriately served by an award of rehabilitative alimony. We modify the alimony award accordingly.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 02/20/02 | |
| Don Long vs. Ralph & Edna Langley
W2001-01490-COA-R3-CV
This a lawsuit between the two stockholders of Gene Langley Ford, Inc., an automobile dealership. The issues involve the percentage of ownership owned by the two stockholders and whether the defendant paid himself an excessive salary for managing the business. The Chancellor held that the plaintiff owns forty-nine (49%) of the stock and the defendant owns fifty-one percent (51%). He further held that the defendant's salary was not excessive. We reverse the Chancellor's decision regarding the ownership of the stock and hold that each party owns fifty percent (50%). We affirm the Chancellor's decision that the defendant's salary was reasonable.
Authoring Judge: Judge William B. Acree
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 02/20/02 | |
| David Schwab v. David Miller
M2001-00932-COA-R3-CV
The Chancery Court of Williamson County held that in order to claim a major benefit of an employment contract the employee had to be employed when the other contingencies in the contract were met. We affirm the lower court's interpretation.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:R.E. Lee Davies |
Williamson County | Court of Appeals | 02/20/02 | |
| Shelia Bland vs. Jerry Bland
W2001-01705-COA-R3-CV
Husband appeals from a final decree of divorce as to the amount of alimony awarded and the award of attorney fees. We affirm and modify.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Joe C. Morris |
Henderson County | Court of Appeals | 02/20/02 | |
| Alfred/Florence Garionis vs. Andre Pride & Charles Holland
W2001-01682-COA-R3-CV
The plaintiffs filed a suit for personal injuries arising out of an automobile accident. Through their attorney, they reached a settlement of their claims. Thereafter, they sought to set aside the settlement upon the grounds that they had not authorized their attorney to accept the defendants' offer. Following an evidentiary hearing, the trial court found that the plaintiffs had authorized their attorney to settle the case and entered an order enforcing the settlement. We hold that the findings of the trial court are supported by a preponderance of the evidence and affirm the lower court.
Authoring Judge: Judge William B. Acree
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 02/20/02 | |
| Anne Pope v. Leuty & Heath
M2001-00736-COA-R3-CV
The receivers of a group of insolvent life insurance companies brought a malpractice action against an accounting firm that had performed allegedly negligent audits of the companies. The accounting firm denied any negligence, and filed a third party complaint against its professional liability insurer, requesting payment of benefits under an expired policy. The trial court dismissed the third-party complaint, ruling that the insurance policy was a claims-made policy and that the insurer was no longer obligated to its former insured. The court certified its order as final for purposes of appeal. We have concluded that the trial court was correct, and we affirm its order.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 02/19/02 | |
| Dennis Osagie v. Peakload Temporary Services
M2001-00852-COA-R3-CV
An employee of a temporary services agency sued the agency for non-payment of wages and for discrimination. The trial court dismissed the claim for non-payment with prejudice, and the claim for discrimination without prejudice. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 02/19/02 | |
| Trent Marcus vs. Lorraine Marcus
W2001-00906-COA-R3-CV
This case involves a petition to enroll a foreign judgment. The parties were married in Tennessee and later moved to North Carolina. While living in North Carolina, the parties separated and the husband filed for divorce in North Carolina. The wife filed a counterclaim for divorce in North Carolina, seeking permanent and pendente lite alimony. The North Carolina court ordered the husband to pay pendente lite alimony. While the North Carolina proceedings were pending, husband moved to Arkansas and obtained a divorce in Arkansas. In light of the Arkansas divorce, the wife filed a voluntary dismissal of her North Carolina counterclaim. The husband then filed a motion in North Carolina under a North Carolina statute, seeking reimbursement of the pendente lite alimony he had paid to the wife. The North Carolina court entered a judgment ordering the wife to reimburse the husband for the alimony payments. The wife did not file an appeal in North Carolina. The husband then filed a petition to enroll the North Carolina judgment in Tennessee. The Tennessee trial court enrolled the North Carolina judgment. The wife now appeals. We affirm, finding that the North Carolina court had subject matter jurisdiction under its statutes to enter the judgment and that the North Carolina judgment was not contrary to Tennessee public policy.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 02/19/02 | |
| City of Cookeville v. William M. Humphrey
M2001-00695-COA-R3-CV
This is a declaratory judgment action wherein a private act hospital authority, established pursuant to Tennessee Code Annotated sections 7-57-601 to 604, seeks a declaration that it has the authority to enter into an exclusive contract for professional radiology services, thus limiting the use of imaging equipment and hospital support staff situated in the hospital to such exclusive providers of radiology services. Defendants are four competent radiologists, presently on the medical staff of the hospital, who have also established Premier Diagnostic Imaging Center, LLC to provide outpatient radiology services independent of the hospital. The exclusive contract sought by the hospital would effectively "close" use of the hospital imaging facilities and support staff to all radiologists except the providers named in the exclusive contract. The trial court declared that the hospital was authorized to enter into such an exclusive provider contract, and we affirm the judgment of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Billy Joe White |
Putnam County | Court of Appeals | 02/19/02 | |
| Mechanic's Laundry vs. Auto Glass
W2001-01113-COA-R3-CV
In this breach of contract case, defendant corporation denies liability under the contract because defendant's employee who signed the contract, ostensibly on behalf of the corporation, had no authority to do so. Plaintiff contends that the person signing the contract had apparent authority to act for the corporation. The trial court granted summary judgment to the plaintiff. Defendant appeals. We vacate, render, and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 02/19/02 | |
| Kevin Sanders v. Jerry Mansfield
M2001-01893-COA-R3-CV
Plaintiffs appeal an injunction preventing them from interfering with county maintenance of a public road running through their property. We affirm the trial court in this matter and uphold the injunction against Plaintiffs.
Authoring Judge: Judge William B. Cain
|
Lincoln County | Court of Appeals | 02/19/02 | |
| Anthony Doty vs. Patrick Whalen
W2001-01854-COA-R3-CV
Petitioner-inmate filed a petition for writ of mandamus to require the defendants, prison warden and other officials, to restore visitation privileges of the plaintiff's girlfriend and to expunge from the prison records all references to the revocation of the visitation privileges and to the alleged sexual misconduct that precipitated the revocation. After a nonjury trial, the trial court entered an order of dismissal. Plaintiff has appealed. We affirm as modified and remand for further proceedings.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Dewey C. Whitenton |
Hardeman County | Court of Appeals | 02/19/02 | |
| Jennifer Branham vs. Jeffery Branham
E2003-01253-COA-R3-CV
Mother petitioned the Court to relocate to Kentucky with the parties child, which the Trial Court granted. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas R. Frierson, II |
Hamblen County | Court of Appeals | 02/19/02 |