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CH-01-0200-2;
CH-01-0200-2;
Originating Judge:Kenny W. Armstrong |
Shelby County | Court of Appeals | 05/21/02 | |
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Huntington Eldridge vs. Deborah Eldridge
W2000-00730-COA-R3-CV
Husband filed for divorce alleging inappropriate marital conduct and irreconcilable differences. Wife countersued on the same grounds. After a lengthy trial, the court awarded Husband the divorce. Wife appeals several aspects of the court's decision, including the distribution and classification of the parties' property, child support, and alimony. Wife also contends that the court was biased against her and created an appearance of impropriety. Husband also raises issues on appeal. We affirm in part, reverse in part, and remand the case for further proceedings.
Authoring Judge: Judge David R. Farmer
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 05/21/02 | |
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Pioneer Subdivision Homeowners vs. Professional Counseling
W2001-03053-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Ron E. Harmon |
Dyer County | Court of Appeals | 05/21/02 | |
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Decatur County vs. Vulcan Materials
W2001-00858-COA-R3-CV
This case involves the constitutionality of a mineral severance tax increase. In 1984, the Tennessee General Assembly enacted a public act of statewide application authorizing counties to collect a mineral severance tax, directing that the proceeds of the tax be deposited in the county road fund. In 1987, the General Assembly passed a private act allowing Decatur County to impose a mineral severance tax, but allocating the revenue from the tax to the county's general fund. Decatur County adopted the tax and the proceeds went to the county's general fund. In 1994, the General Assembly amended the private act to provide for an increase in the mineral severance tax. Decatur County adopted the increased rate, and then filed suit against a company that severed minerals from the earth in that county, to collect the mineral severance tax at the increased rate. The mineral company, and three other mineral companies, resisted payment of the tax, arguing inter alia that the tax was unconstitutional under Article XI, Section 8 of the Tennessee Constitution, the equal protection clause, because the proceeds were allocated to the county's general fund, rather than to the county road fund, as directed in the public act authorizing the tax. After a trial, the trial court held that the mineral companies were estopped from arguing that the tax was unconstitutional, and, in the alternative, that the tax was constitutional because the mineral companies failed to show that there was not a rational basis for the allocation of the funds to the county's general fund rather than to the road fund. Both parties appealed. We affirm in part and reverse in part, finding that the mineral companies were not required to pay the tax in protest, that the mineral companies have standing to sue and are not estopped from contesting the constitutionality of the tax, and finally that the tax is constitutional because there is a rational basis for allocating the revenue to the county's general fund rather than to its road fund.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Ron E. Harmon |
Decatur County | Court of Appeals | 05/21/02 | |
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Thomas Nelson vs. Robin Nelson
W2001-01515-COA-R3-CV
In this divorce case, Husband appeals the type and amount of alimony awarded Wife, the award to Wife of his military Survivor Benefit Plan, the calculation of his retirement pay and the award to Wife of her attorney's fees. We have determined, based on this record, that the judgment be modified to reduce the amount of alimony in futuro, but otherwise affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 05/21/02 | |
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Pioneer Subdivision Homeowners vs. Professional Counseling
W2001-03053-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Ron E. Harmon |
Dyer County | Court of Appeals | 05/21/02 | |
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John C. Flowers v. Joseph E. Turner And Connie Turner
W2001-01429-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Appeals | 05/21/02 | |
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Joan Loreva Kreth v. Timothy Kerwin Kreth
W2002-00983-COA-R10-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 05/20/02 | |
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Klosterman Development v. Outlaw Aircraft Sales
M2001-02586-COA-R3-CV
This case involves a contract for the sale of an aircraft. By amended complaint, plaintiff-purchaser sued seller and seller's agent for rescission of the contract and defendant-seller, by counter-claim, sought the amount due for repairs made on the aircraft pursuant to the contract. The trial court ordered the contract rescinded but failed to make provisions to put the parties in status quo. The purchaser, seller's agent, and seller appeal. We reverse the judgment of the trial court as it pertains to seller's agent, modify the judgment for rescission to include provisions of restoring the status quo of the parties. The judgment is affirmed as modified.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 05/16/02 | |
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In Re: Adoption of A.B.K.
E2001-02199-COA-R3-CV
Presented with competing petitions for adoption, the trial court terminated the parental rights of W.T.D., Jr. ("the biological father") to his natural daughter, A.B.K. ("the subject child"). The trial court based termination on the failure of the biological father to visit the subject child; it made the order of termination a final judgment pursuant to the provisions of Tenn. R. Civ. P. 54.02. The biological father appeals, contending, among other things, that the trial court erred in terminating his parental rights. The trial court has reserved a ruling on the competing petitions to adopt pending a resolution of this appeal. Under the unique circumstances of this multiple-petition case, we find that the trial court should resolve all matters, including the issue of adoption, before this case is ripe for appeal. Accordingly, we vacate the trial court's Rule 54.02 designation and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas R. Frierson, II |
Hawkins County | Court of Appeals | 05/15/02 | |
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City of Sevierville vs. Bill Green
E2001-02467-COA-R3-CV
This appeal from the Sevier County Circuit Court questions whether the Trial Court erred in awarding landowners compensation for incidental damages to their property because the City of Sevierville changed the frontage access to their property from unlimited access to restricted access. We affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Richard R. Vance |
Sevier County | Court of Appeals | 05/15/02 | |
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Vivian Warner, Admin. Est. of Maude Frazier vs. Dewey Frazier
E2001-02126-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Steven C. Douglas |
Cumberland County | Court of Appeals | 05/15/02 | |
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Willa Huskey vs. Jerry Martin
E2001-02312-COA-R3-CV
This is a property line dispute. The defendant Jerry Martin appeals the trial court's finding that the parties' shared boundary line is as alleged in the original complaint. Martin argues that the evidence preponderates against the trial court's factual findings regarding the location of the boundary line. We affirm the trial court's judgment.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jerri S. Bryant |
Monroe County | Court of Appeals | 05/15/02 | |
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Vivian Warner, Admin. Est. of Maude Frazier vs. Dewey Frazier
E2001-02126-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Steven C. Douglas |
Cumberland County | Court of Appeals | 05/15/02 | |
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The Polk County Board of Education vs. The Polk County Education Association
E2001-02390-COA-R3-CV
A declaratory judgment action was filed by the Polk County Board of Education ("The Board") seeking a declaration that it did not have to arbitrate two grievances filed by the Polk County Education Association ("Association") after the Board unilaterally implemented two new policies. The policies at issue involve increasing the workday of the teachers by 30 minutes by requiring teachers to perform "bus duty", and implementation of a dress code. The trial court held that lengthening the workday was a matter suitable for arbitration, but concluded the dress code was not. We affirm the trial court's conclusion as it pertains to lengthening the workday, but vacate and remand for further proceedings its decision on the arbitrability of the dress code.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Jerri S. Bryant |
Polk County | Court of Appeals | 05/15/02 | |
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Emily Lewis vs. Life Care Centers of America
E2001-01812-COA-R3-CV
Emily Lewis, a student enrolled in a Certified Nursing Assistant's training program operated and supervised by Nursetrainers, Inc., sues Life Care Centers of America, Inc. The suit seeks damages for injuries resulting to Ms. Lewis, who was taking training to become a Certified Nursing Assistant. As a result of Life Care's negligence, the original complaint alleged several other causes of action, all of which have been abandoned on appeal. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 05/14/02 | |
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Christina Fortenberry vs. G.T.George
E2000-02984-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 05/14/02 | |
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Hilton Jeffries v. TDOC
M2001-02300-COA-R3-CV
This appeal involves a prison disciplinary proceeding. A prisoner at the Southeast Regional Correctional Facility was charged with four serious disciplinary infractions. He pleaded guilty to three charges, and a prison disciplinary board found him guilty of the fourth. The board placed the prisoner in punitive segregation for five days and ordered him to pay $810 in restitution from his inmate trust fund account. The prisoner filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County alleging (1) that his guilty pleas had been coerced and (2) that he had been denied due process on the fourth charge by the board's failure to provide him twenty-four hours notice of the hearing and its interference with his opportunity to present exculpatory evidence. The trial court granted the Tennessee Department of Correction's motion for summary judgment and dismissed the prisoner's petition. We have determined that the trial court erred by granting the summary judgment with regard to the $810 restitution order because the record contains material factual disputes regarding whether the prisoner waived his right to twenty-four hours notice of the hearing and whether the board refused to permit him to call an exculpatory witness.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 05/14/02 | |
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Barry Bernstein v. Debra Bernstein
M2001-01631-COA-R3-CV
This appeal involves the dissolution of a nineteen-year marriage. After the husband filed a complaint in the Circuit Court for Davidson County seeking a divorce on the grounds of irreconcilable differences and inappropriate marital conduct, the wife counterclaimed for divorce on the same grounds. Following a bench trial, the trial court declared the parties divorced, divided their meager marital estate, and ordered the husband to pay the wife $350 per month as long-term spousal support. The husband asserts on this appeal that he is unable to pay the amount of long-term spousal support ordered by the trial court. We disagree and have determined that the record supports the trial court's decision regarding spousal support.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 05/14/02 | |
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Christina Fortenberry vs. G.T.George
E2000-02984-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 05/14/02 | |
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Dan Evans v. Phillip Matlock
M2001-02631-COA-R9-CV
An antique Dr. Pepper Dispenser was offered for sale on e-Bay's auction site on the internet. After the plaintiff's bid was allegedly accepted, the seller sold the dispenser to another party. This litigation ensued between the users of the e-Bay service, alleging breach of contract, fraud, conspiracy, inducement of breach of contract, and other counts. The seller moved for summary judgment on the ground that the User Agreement provided that disputes must be arbitrated. The trial court held that the arbitration clause was inapplicable to disputes between users. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Robert L. Jones |
Maury County | Court of Appeals | 05/14/02 | |
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Michael Couillard vs. Martha Couillard
E2001-01770-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Thomas J. Seeley, Jr. |
Carter County | Court of Appeals | 05/14/02 | |
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Extendicare International v. James Anderson, III
M2001-02265-COA-R3-CV
Appellants filed a legal malpractice action against James P. Anderson, III on July 20, 1999. Appellants filed an Amended Complaint against Anderson III on February 14, 2001 and, in such Amended Complaint, asserted for the first time a claim against James B. Anderson, II and his law firm, Anderson & Bridges. The trial court granted summary judgment to Anderson II and Anderson & Bridges upon a finding, as a matter of law, that the statute of limitations as to them had expired. We affirm the action of the trial judge.
Authoring Judge: Judge William B. Cain
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 05/14/02 | |
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Roy Gray vs. Nancy Gray
E2001-02470-COA-R3-CV
In this divorce case from the Circuit Court for Knox County the Appellant, Roy William Gray, contends that the Trial Court erred in failing to disqualify counsel for the Appellee, Nancy Jane Gray. Mr. Gray further contends that the Court erred in dividing the marital assets, in granting both parties a divorce, and in awarding Ms. Gray post trial attorney's fees. Ms. Gray asserts that she should be reimbursed for attorney's fees incurred by her in responding to this appeal upon the grounds that the appeal is frivolous and devoid of merit. The judgment of the Trial Court is affirmed in part and reversed in part.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Bill Swann |
Knox County | Court of Appeals | 05/14/02 | |
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Michael Couillard vs. Martha Couillard
E2001-01770-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Thomas J. Seeley, Jr. |
Carter County | Court of Appeals | 05/14/02 |