APPELLATE COURT OPINIONS

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Ray White v. Regions Financial Corp.

M2000-02957-COA-R3-CV
In this appeal from the Circuit Court for Davidson County, the Plaintiff/Appellant, F. Ray White, contends that the Trial Court erred in granting the Defendant/Appellee, Regions Financial Corporation, a summary judgment against him with regard to his cause of action for age discrimination under the Tennessee Human Rights Act. We affirm the judgment of the Trial Court and we adjudge costs of appeal against Mr. White and his surety.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Barbara N. Haynes
Davidson County Court of Appeals 11/15/01
Ralph Alley, et al vs. Quebecor World Kingsportet al

E2004-01274-COA-R9-CV
This is an interlocutory appeal from the Trial Court's refusal to dismiss the action on the grounds that federal laws preempt a state action. We reverse and dismiss.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John K. Wilson
Hawkins County Court of Appeals 11/14/01
12-98-044-CC

12-98-044-CC

Originating Judge:A. Andrew Jackson
Dickson County Court of Appeals 11/13/01
James O'Neal Vineyard, et ux. v. Walker Betty, et ux.

M2001-00642-COA-R3-CV
Following a bench trial, the trial court found sufficient evidence to show the existence of a prescriptive easement across the property of the defendants in favor of the plaintiffs. Defendants appeal, arguing that clear and convincing evidence did not exist to support the trial court's finding and that at trial plaintiff did not submit proof of irreparable harm necessary to secure injunctive relief. Appellant failed to submit a transcript of the trial court proceedings or a statement of the evidence to the appellate court leaving this court only the technical record for consideration on appeal. In the absence of a transcript or statement of the evidence, this court must presume the evidence supported the trial court's findings. Therefore, we affirm the decision of the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Robert E. Burch
Dickson County Court of Appeals 11/13/01
In Re: D.M.S., G.H.S., and T.M.S.

M2004-02584-COA-R3-PT
Mother appeals the Davidson County Juvenile Court's Order Terminating her parental rights to three children, T.M.S., and D.M.S. and G.H.S. Father of D.M.S. challenges the trial court's termination of his parental rights. We affirm the decision of the trial court in all respects.
Authoring Judge: Judge William B. Cain
Originating Judge:Betty K. Adams
Davidson County Court of Appeals 11/12/01
State of Tennessee, Department of Children's Services, v. Jennifer Lee Netherton Whited, et al.

M2000-03213-COA-R3-JV

This appeal involves the termination of parental rights. The juvenile court terminated the parental rights of both parents. Appellant/mother challenges the juvenile court’s termination of her rights contending the juvenile court erred by allowing in certain documentary evidence, that the evidence did not clearly and convincingly establish that termination was in the child's best interest, the court failed to state affirmatively that termination was in the best interest of the child, and the petition for termination was defective as it did not explicitly state the statutorily mandated language of Tenn. Code Ann. § 36-1-113(d)(3)(C) (Supp. 2000). As discussed below, we affirm the judgment of the juvenile court.
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Authoring Judge: Special Judge Walter C. Kurtz
Originating Judge:Judge A. Andrew Jackson
Dickson County Court of Appeals 11/08/01
Cedric Franklin v. Tennessee Department of Correction

M2001-00279-COA-R3-CV

A prison disciplinary board found a minimum security prisoner to be guilty of violation of state law. The prisoner filed a Petition for Writ of Certiorari, claiming that the board had denied him due process. The trial court dismissed the petition. We affirm.

Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 11/08/01
Billy R. Sadler v. Tennessee Board of Probation and Parole

M2001-02341-COA-R3-CV

A prisoner who was denied parole filed a Petition for Writ of Certiorari, challenging, on constitutional grounds, the procedures followed by the Parole Board. The trial court dismissed the petition. We affirm.

Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Chancellor Ellen Hobbs Lyle
Davidson County Court of Appeals 11/08/01
Sue S. Plemmons v. Mike Graves, et al.

E2001-00733-COA-R3-CV

This case involves whether Mike and Bonnie Graves d/b/a/ GRESCO ("Defendants" or "Lessees") breached a commercial lease with Sue S. Plemmons ("Plaintiff" or "Lessor"). The lease was entered into in 1983 and permitted the installation of a billboard on Plaintiff's property. Plaintiff claims Lessees breached the lease when they paid the rent for 1999 late and when they refused to pay an increase from $250 to $1,500 in the annual rent. The Trial Court held that Lessees did not breach the lease and dismissed the case. We affirm.

Authoring Judge: Judge David Michael Swiney
Originating Judge:Judge Lawrence H. Puckett
Monroe County Court of Appeals 11/05/01
Ricky Riddle, et al. v. Heartland Nursery Company

M2000-02190-COA-R3-CV

In this action to collect the purchase price for the sale of nursery stock, the buyer alleged that the goods did not conform to the contract and that the number of units delivered was significantly short of the number specified in the invoice. The buyer also filed a counterclaim for the damage to its professional reputation resulting from the seller's breach. The Circuit Court of Franklin County resolved all the issues in favor of the seller and rendered judgment for the balance of the purchase price. Because we find that the buyer had accepted the goods and failed to carry his burden of proving that they were defective, we affirm.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Buddy D. Perry
Franklin County Court of Appeals 11/02/01
Arthur L. Rawlings, Jr. v. The John Hancock Mutual Life Insurance Company, et al.

M2000-03191-COA-R3-CV

This appeal involves a dispute between a decedent’s estranged husband and brother over the proceeds of a $12,000 life insurance policy. When he discovered that his deceased wife had removed him as the beneficiary of her policy, the husband filed suit in the Circuit Court for Davidson County seeking to invalidate the change of beneficiary form. Following a bench trial, the trial court found that the decedent lacked the capacity to change the beneficiary on her life insurance policy and that the decedent’s brother had procured the change through undue influence. Accordingly, the trial court awarded the decedent’s husband the proceeds of her life insurance policy as well as $350 that his brother-in-law had removed from a joint account using a power of attorney he obtained from the decedent. We have determined that the evidence does not support the trial court’s conclusion that the decedent lacked capacity to change the beneficiary of her life insurance policy and that the decedent’s husband never asserted an undue influence claim in the trial court. Accordingly, we reverse the judgment and remand the case with directions to award the proceeds of the life insurance policy to the decedent’s brother.

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Chancellor Carol L. Soloman
Davidson County Court of Appeals 11/02/01
El-Shabazz Ahkeen v. Donal Campbell, et al.

M2000-02411-COA-R3-CV

A state prisoner appeals the trial court's dismissal of his petition for writ of certiorari seeking judicial review of sanctions imposed in prison disciplinary proceedings. He asserts the proceedings denied him due process and that the board's failure to follow Department of Correction policies and procedures constituted an illegality under state law grounds for common law writ of certiorari. We affirm the trial court and hold (1) the sanctions imposed did not trigger due process protections, (2) the alleged failure to follow specific procedures did not amount to failure to follow the essential requirements of the law in the context of prison disciplinary proceedings, and (3) there was evidence to support the board's finding.

Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 11/02/01
Ronald Strickland v. Tami M. Franklin

M2001-00331-COA-R3-CV

This appeal involves the custody of a child born out of wedlock to a mother who was at all times married to another man. The trial court awarded the mother custody. The father of the child now appeals. We have determined that the trial judge did not err in failing to recuse himself and properly awarded custody to the mother. Accordingly, we affirm.

Authoring Judge: Judge William B. Cain
Originating Judge:Judge William S. Vinson
Houston County Court of Appeals 11/02/01
Yona Boyd, et al. v. Donald Bruce, M.D., et al.

M2000-03211-COA-R3-CV

This appeal arises from the third effort of the plaintiffs to obtain compensation and other employment benefits from their former employer. The same claims were first filed in Chancery Court against the doctor and his management company, and the complaint was dismissed for failure to state a claim upon which relief can be granted and failure to join an indispensable party. Thereafter, the plaintiffs filed suit in Chancery Court against the company which supplied the employee handbook and other services to the doctor. That case was dismissed on a motion for summary judgment. The plaintiffs then again filed suit against the doctor-employer in Circuit Court. The Circuit Court dismissed the case by converting the doctor-employer's motion for Rule 11 sanctions into a motion to dismiss on the basis of res judicata. The plaintiffs now appeal that dismissal to this court. We affirm the trial court's dismissal.

Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Judge Thomas W. Brothers
Davidson County Court of Appeals 11/02/01
Roger E. White vs. K. David Myers, et a l

E1999-02642-COA-R3-CV
The Plaintiff, Roger E. White, filed suit seeking damages, attorney's fees, and court costs for multiple violations of the Fair Debt Collection Practices Act against two attorneys. Defendant K. David Myers was voluntarily dismissed with prejudice from the suit. Union County Chancery Court granted a motion for summary judgment on behalf of Defendant-Appellee, Roger D. Hyman. The court also granted Mr. Hyman's motion for sanctions against Mr. White and his attorney, J. Philip Harber. Mr. White did not appeal. Mr. Harber filed a notice of appeal as to the award of sanctions and also the amount of the sanctions. We affirm the decision of the trial court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Billy Joe White
Union County Court of Appeals 10/31/01
William Hood vs. Patsy Hood

M2001-00206-COA-R3-CV
The parties executed a marital dissolution agreement pursuant to divorce, which required the wife to transfer her interest in a 36 acre tract of marital property to the husband, and the husband to sell the tract, with the net proceeds to be divided between the parties. The wife subsequently quitclaimed her interest in the property, and the trial court incorporated the marital dissolution agreement into the Final Decree of Divorce by reference. When the wife filed a motion to enforce the agreement, the trial court ruled that any lien on the property the wife had acquired by virtue of the agreement was extinguished when she signed the quitclaim deed. We reverse the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:J. Curtis Smith
Sequatchie County Court of Appeals 10/30/01
Edna Cooksey, et al vs. HCA Health Services of TN

M2001-00303-COA-R3-CV
The only question in this appeal is whether the injury a patient suffered during post-operative care resulted from a medical procedure and, therefore, required expert proof to establish the hospital's liability. The Circuit Court of Davidson County held that the complaint sought damages for professional negligence and that since the plaintiff did not rebut the hospital's motion for summary judgment with any expert proof, the complaint must be dismissed. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 10/30/01
W2000-02162-COA-R3-CV

W2000-02162-COA-R3-CV

Originating Judge:Harold W. Horne
Shelby County Court of Appeals 10/30/01
Elizabeth Ramsey vs. Larry Henson

W2000-02162-COA-R3-JV
This is an appeal from a juvenile court proceeding regarding child support and visitation. The minor child was born in 1996; the mother and father never married each other. Mother filed a petition to establish paternity, and a blood test established the father's paternity of the child. On June 20, 1996, a consent order was entered providing that the mother would have full custody of the minor child, and that the parties would work out a child support agreement between themselves, as well as a visitation schedule. The consent order stated that if either party moved more than 90 miles from the permanent residence of the other party, both parties would share equally in transportation costs. After much litigation, including two prior appeals, the trial court entered an order which included inter alia the denial of several motions by the defendant father, an increase in the father's child support obligation, an awarding of attorney's fees to the plaintiff mother, and the setting aside of any future visitation by the father with the minor child until the father obtains substantial psychological counseling and demonstrates that the resumption of visitation is in the child's best interest. The father again appeals. We affirm, finding ample support for the order of the trial court.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Harold W. Horne
Shelby County Court of Appeals 10/30/01
Richard Johnson vs. Stoney Hunter

M2000-03099-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Thomas W. Brothers
Davidson County Court of Appeals 10/25/01
Katy Wilson, et al vs. Dickson County

M2000-02680-COA-R3-CV
This is a GTLA action for damages for wrongful death caused by the admitted negligence of a paramedic, (who enjoyed no immunity) employed by the county, which enjoyed immunity. Pecuniary damages of $385,000 for the value of the decedent's life were awarded, together with a separate award of $500,000 for "consortium-type damages." As against the County and its ambulance service, the total award cannot exceed $130,000. As against the paramedic the award is limited only by the standard of reasonableness. The total award is reduced to $500,000.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Allen W. Wallace
Dickson County Court of Appeals 10/25/01
In re: Rhoda Armster

M2000-00776-COA-R3-CV
This appeal involves a conservatorship action and an effort to set aside a will and related documents. Mrs. Armster executed a living trust, in which she named herself as the beneficiary during her life time. She also executed a will, which devised her entire estate to the trust and named The Bible Hygiene New Direction Training Center as beneficiary of the trust upon her death. Appellant, a child of Mrs. Armster, filed suit in Chancery Court and sought to: (1) have a conservator appointed for his mother to manage her legal and financial affairs; (2) have the trust and will set aside on the basis that his mother did not have sufficient mental capacity to execute the documents; and (3) have the will set aside because it was obtained as a result of undue influence. The trial court did not appoint a conservator and found that Mrs. Armster had the requisite mental capacity to execute the documents. Further, the court found that the will was valid as it was not the result of undue influence. We affirm the decisions of the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Robert L. Holloway
Lawrence County Court of Appeals 10/25/01
Precision Mechanical Contractors vs. Metropolitan Development and Housing Agency

M2000-02117-COA-R3-CV
This appeal arises from a dispute over two construction contracts. One contract involved the replacement of furnaces at the Preston Taylor Homes Housing Project, and the other contract was for underground utilities and site work at the Tony Sudekum Homes Housing Project. Plaintiff filed suit seeking additional compensation based upon its performance of the two contracts with Defendant. The trial court granted Defendant's motion for an involuntary dismissal after the close of Plaintiff's proof. For the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 10/25/01
Richard Johnson vs. Stoney Hunter

M2000-03099-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Thomas W. Brothers
Davidson County Court of Appeals 10/25/01
Mickey Joe Hall vs. Kimberlie Kae Davenport Hall

E2009-01889-COA-R3-CV
This is a post-divorce child support modification case. Kimberlie Kae Davenport Hall ("Wife") filed a petition against her former husband, Mickey Joe Hall ("Husband"), seeking an increase in child support. Wife's petition, filed October 23, 2001, was followed by numerous hearings before special masters over the course of several years. The masters filed reports from each of the hearings, all of which were objected to by one or both of the parties. Interspersed among the masters' hearings, the trial court addressed various matters including the issue of child support. On January 23, 2009, the trial court held a hearing at which it ruled that the Income Shares formula for calculating child support under the Child Support Guidelines ("the Guidelines") as they existed at the time of the hearing, i.e., on January 23, 2009, was applicable to the calculation of support for the period from November 1, 2001, forward. The final order being appealed by Wife applied the formula and determined that Husband had overpaid his child support by $27,377.25. The court allowed Wife certain offsets which reduced the final judgment against Wife to $24,810.65. We affirm in part and vacate in part and remand for an upward modification of Husband's support due to a "hardship" imposed on Wife by the rigid application of the Income Shares formula.
Authoring Judge: Charles D. Susano, Jr., J.
Originating Judge:Michael W. Moyers, Chancellor
Knox County Court of Appeals 10/23/01