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| Arfken & Associates, P.A. vs. Simpson Bridge Company, Inc.
E2000-02780-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jerri S. Bryant |
Bradley County | Court of Appeals | 02/14/02 | |
| Gloria Snow-Koledoye vs. Horace Mann Ins. Co.
M2000-02954-COA-R3-CV
This case involves a settlement of an insurance claim under the comprehensive coverage of an automobile insurance policy. Wife, named insured in the policy, sued the insurance company for breach of contract in delivering to husband a settlement check made jointly payable to wife and her husband, after husband apparently negotiated the check. Wife amended her complaint to name her ex-husband as an additional defendant, and he filed an answer to the complaint. In a nonjury trial, the trial court entered judgment for plaintiff-wife against the insurance company. Insurance company appealed. We vacate.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 02/14/02 | |
| Ray C. Hall v. TN. Workers Credit Union
M2001-01346-COA-R3-CV
Husband and Wife obtained a loan from a credit union and pledged their home as security for the note under a Deed of Trust. The Deed of Trust required Husband and Wife to maintain property taxes and insurance on the property. The credit union foreclosed on the property after Husband and Wife continuously failed to maintain the taxes and insurance. Husband and Wife filed suit against the credit union, arguing that the agreement between the parties did not provide the remedy of foreclosure for mere nonpayment of taxes and insurance. The trial court granted summary judgment for the credit union. Because we find that the agreement between the parties provides the remedy of foreclosure for breach of any promise made under the agreement, including the promise to pay property taxes and insurance, we find that the trial court was correct in granting summary judgment for the credit union and affirm that decision.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/14/02 | |
| City of Collegedale vs. Hamilton County Water Treatment
E2001-02041-COA-R3-CV
This is a suit brought by the City of Collegedale, seeking a declaration that Hamilton County Wastewater and Wastewater Treatment Authority is required to arbitrate a dispute between them in connection with the City annexing certain property served by the Authority. The complaint also sought a declaration that in the event the City prevails the Authority would not be entitled to prosecute a suit to condemn and re-acquire the facilities in question. The Trial Judge found in favor of the City on both issues and the Authority appeals. We affirm in part and vacate in part.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 02/13/02 | |
| Walter Fletcher v. Deanna M. Fletcher,
E2001-01223-COA-R3-JV
Authoring Judge: Judge David Michael Swiney
Originating Judge:John K. Wilson |
Hawkins County | Court of Appeals | 02/13/02 | |
| Peggy Gaston vs. Tennessee Farmers Mutual Ins.
E2001-01487-COA-R3-CV
This appeal from the Circuit Court of McMinn County questions whether the Trial Court erred in granting a directed verdict in favor of Tennessee Farmers Mutual Insurance Company because it refused to pay its policyholder, Peggy Gaston, under the uninsured motorist provision of her policy which covered Peggy Gaston. We vacate and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Lawrence H. Puckett |
McMinn County | Court of Appeals | 02/13/02 | |
| 2001-02185-COA-R3-CV
2001-02185-COA-R3-CV
Originating Judge:William E. Lantrip |
Roane County | Court of Appeals | 02/13/02 | |
| M.P.P.,al vs. D.L.K. In Re: C.E.P.
E2001-00706-COA-R3-CV
The stepfather, M.P.P. ("Stepfather"), and the biological mother, A.P.P. ("Mother"), of a minor child ("Child") filed a petition to terminate the parental rights of the Child's biological father, D.L.K. ("Father"), so that Stepfather could adopt the Child. When the Child was 17 months old, Father received a 130-month prison sentence. The Trial Court granted partial summary judgment as a matter of law to Mother and Stepfather and terminated Father's parental rights. Father appeals. We affirm, in part, and vacate, in part, and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 02/13/02 | |
| Peggy Gaston vs. Tennessee Farmers Mutual Ins.
E2001-01487-COA-R3-CV
This appeal from the Circuit Court of McMinn County questions whether the Trial Court erred in granting a directed verdict in favor of Tennessee Farmers Mutual Insurance Company because it refused to pay its policyholder, Peggy Gaston, under the uninsured motorist provision of her policy which covered Peggy Gaston. We vacate and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Lawrence H. Puckett |
McMinn County | Court of Appeals | 02/13/02 | |
| Jamie Mason vs. Charles Mason, Jr.
E2001-02208-COA-R3-CV
This appeal from the Chancery Court of Cocke County questions whether the Trial Court erred in failing to grant Mr. Mason standard visitation with his minor son. We affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
|
Cocke County | Court of Appeals | 02/13/02 | |
| 2000-02521-COA-R3-CV
2000-02521-COA-R3-CV
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 02/13/02 | |
| Elizabeth Petty vs. State
E2001-02124-COA-R3-CV
In this action, the Commission found no contract between the parties and dismissed the claim. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Vance W. Cheek |
Court of Appeals | 02/13/02 | ||
| Services v. C.S.M. And L.M.M.
2000-02806-COA-R3-JV
Originating Judge:Darryl W. Edmondson |
Union County | Court of Appeals | 02/13/02 | |
| Judith Silvey vs. Darrel Silvey
E2001-02007-COA-R3-CV
In this divorce action the Trial Court granted divorce ordered rehabilitative alimony, child support and divided the marital property. Issues on appeal include the valuation, classification and division of marital property and the award of alimony. We affirm in part, vacate in part and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 02/12/02 | |
| Lynn Hall, et al vs. Mark Bookout
E2001-01172-COA-R3-CV
Lynn and Lillian Hall, the maternal grandparents ("Grandparents") of the minor child ("Child"), filed a Petition for Custody seeking permanent custody of the Child, naming the Child's biological father ("Father"), Mark Bookout, as the defendant. The Grandparents had temporary custody of the Child pursuant to an ex parte order. At the close of proof at trial, the Trial Court found that the Father was not unfit. In its Order, however, the Trial Court made no specific finding regarding the risk of substantial harm if the Child was placed in Father's custody. The Trial Court denied the Grandparents' petition but did not order the Child returned to Father's custody by any set date but instead provided only that the "ultimate goal" was for the Child to be returned to Father. Father appeals. We affirm, in part, and modify, in part, and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 02/12/02 | |
| Mark Graham vs. Michael J. Mohr
E2001-00824-COA-R3-CV
These consolidated cases arise out of a two-vehicle accident. The jury returned a verdict in favor of Mark Graham, assigning 51% of the fault to Michael J. Mohr and 49% to Graham. Mohr appeals, raising issues pertaining to the propriety of the trial court's ruling excluding the testimony of the police officer who investigated the accident. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 02/12/02 | |
| Situated, And Kita Swandi And Toby Silvers v. Timothy
E2001-01504-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
|
Knox County | Court of Appeals | 02/11/02 | |
| Magdalene Miller vs. Mt. Laurel Chalets
E2001-00863-COA-R3-CV
Magdalene A. Miller fell down a flight of stairs at a rental chalet in Gatlinburg. She and her husband, Robert Miller, sued Bob Light, the owner of the chalet, and Mt. Laurel Chalets, Inc., the rental agent for the chalet. Both defendants filed a motion for summary judgment. Both motions were granted. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Richard R. Vance |
Sevier County | Court of Appeals | 02/11/02 | |
| Jim Reagan,
E2001-00121-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Telford E. Forgerty, Jr. |
Sevier County | Court of Appeals | 02/11/02 | |
| Barry Teague vs. Barbara Teague
E2001-01413-COA-R3-CV
This is a divorce case. The trial court granted the parties a divorce on stipulated grounds; divided their marital property; and awarded Barbara Ann Chadwick Teague ("Wife") alimony in futuro of $1,800 per month, plus attorney's fees of $2,500. Barry Lynn Teague ("Husband") appeals the nature and amount of the alimony award, the division of property, and the award of attorney's fees. We vacate the language in the trial court's judgment projecting into the future as to Wife's needs when her mortgage obligation has been paid in full. In all other respects, the judgment of the trial court is affirmed.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 02/11/02 | |
| Jack Colboch v. Quality Ford, Inc.,
2001-01220-COA-R3-CV
Originating Judge:Kindall T. Lawson |
Hamblen County | Court of Appeals | 02/11/02 | |
| Fifth Third Leasing Co. vs. Cherokee Pontiac
E2001-01628-COA-R3-CV
The Trial Court entered summary judgment for lessor against dealer under contract to purchase vehicles from dealer. Dealer's counter-complaint for damages was dismissed. Dealer appeals dismissal, contending claim sounds in tort and/or limitation of liability in contract is unenforceable. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John K. Wilson |
Hawkins County | Court of Appeals | 02/11/02 | |
| 2001-02669-COA-R3-CV
2001-02669-COA-R3-CV
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 02/11/02 | |
| Sharon Stinnett vs. David Ferguson
E2001-02031-COA-R3-CV
In this divorce action, the issue on appeal is whether the Trial Court placed the correct value on the marital equity in wife's motel property. We affirm the value determined by the Trial Court.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:William R. Brewer |
Blount County | Court of Appeals | 02/11/02 | |
| Helen Ashe vs. Thomas McDonald, M.D.
E2000-03151-COA-R3-CV
Jury returned verdict for plaintiff in medical malpractice action. Defendant has appealed, raising issues of Judge's conduct, admission in evidence of depositions, failure of Court to direct verdict, failure to charge comparative fault and excessiveness of costs awarded. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 02/11/02 |