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| 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 | |
| Richard Norton vs. Randy Eckman
W2001-00762-COA-R3-CV
The Plaintiff, an inmate in a correctional facility, has appealed the trial court's grant of Defendant's motion to dismiss for failure to state a claim upon which relief can be granted. We reverse the order of dismissal and remand to the trial court to dispose of the Plaintiff's summary judgment motion.
Authoring Judge: Judge David R. Farmer
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 10/23/01 | |
| Judith Thomas vs. William Thomas
E2001-00191-COA-R3-CV
This is a post-divorce proceeding. Judith R. Thomas ("Mother") filed a petition for contempt and for an increase in child support. William A. Thomas ("Father") answered and filed a counterclaim, seeking a decrease in his support obligation. Following a bench trial, the court below determined that while Father had failed to comply with some of the provisions of the parties' marital dissolution agreement ("MDA"), his failure to comply was not willful; therefore, the court declined to hold him in contempt. The court also held that Father's child support obligation should not be changed. Both parties raise issues on this appeal. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Dennis W. Humphrey |
Roane County | Court of Appeals | 10/23/01 | |
| Bill Campbell, Executor, vs. Blount Memorial Hospital
E2001-00717-COA-R3-CV
Patient sustained injuries in defendant's emergency room. The Trial Court granted a Tenn. R. Civ. P. Rule 41.02(2) Motion to defendant. Plaintiff appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 10/23/01 | |
| Susan Vermillion vs. Guy Vermillion
E2001-00241-COA-R3-CV
Guy Houston Vermillion, an inmate in the State's penal system, appeals a judgment of the Chancery Court for Johnson County which awarded his wife a divorce. He insists that he was entitled to be present and present his defense, particularly as it applies to the division of property. We vacate the judgment and remand the case for the Trial Court to make a determination of whether it is appropriate to stay disposition of the case pending Mr. Vermillion's release.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas J. Seeley, Jr. |
Johnson County | Court of Appeals | 10/22/01 | |
| In re: Estate of William D. Neely
M2000-01144-COA-R3-CV
The trial court set aside a will that was executed shortly before the testator's death, on findings of confidential relationship, suspicious circumstances and undue influence. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 10/22/01 | |
| Thelma Smith vs. David Riley
E2001-00828-COA-R3-CV
The plaintiff, Thelma Agnes Smith, lived with the defendant out of wedlock for several years. When the relationship ended, she brought this action seeking to enforce two written agreements with him regarding the sale and assignment of property to her. The trial court enforced the agreements and divided the parties' property. The defendant appeals, arguing that the agreements lack consideration and are void as against public policy. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jerri S. Bryant |
Monroe County | Court of Appeals | 10/22/01 | |
| Frederic R. Harris, Inc. vs. Metro Gov. of Nashville/Davidson County
M2000-02421-COA-R3-CV
Plaintiff sued for payments under contract. The Trial Court held defendant was not liable for additional payments under the contract. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 10/22/01 | |
| In re: Z.C.G.
M2000-02939-COA-R3-CV
This case involves a request for termination of parental rights and adoption of a minor child. Appellees/Petitioners are the mother of the minor child at issue and her current husband. They petitioned for termination of the natural father's parental rights and for adoption by her current husband. The trial judge granted their petition finding that the father had abandoned his child by willfully failing to visit for four months preceding the filing of the petition and that termination of parental rights was in the best interest of the child. We find that the evidence did not clearly and convincingly demonstrate that the father willfully failed to visit and, thus, reverse the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 10/22/01 | |
| Paul Farnsworth vs. Richard Kenya
W2001-00961-COA-R3-CV
This appeal arises from the Appellees' denial of the Appellant's request to marry during the Appellant's incarceration. The Appellant filed a complaint in the Circuit Court of Lake County against the Appellees for breach of contract and retaliation. The Appellees filed a motion to dismiss claiming that the Appellant failed to exhaust his administrative remedies and failed to state a claim for which relief can be granted. The Appellees filed a motion to stay discovery. The Appellant filed a motion for leave to amend his complaint. The Appellant sought to add new defendants and additional claims that were unrelated to his original claim. The trial court granted the Appellees' motion to dismiss. On appeal, this Court found that the trial court failed to rule on the motion to amend the original complaint. This Court dismissed the appeal on the basis that the order appealed from was not a final judgment. The trial court entered an order granting the motion to stay discovery, denying the motion to amend the original complaint, and dismissing the case. The Appellant appeals the decision of the Circuit Court of Lake County granting the motion to stay discovery, denying the motion to amend the original complaint, and dismissing the case. For the reasons stated herein, we affirm the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
|
Lake County | Court of Appeals | 10/19/01 | |
| Dept. of Children's Services vs. Frances Bates
W2001-01267-COA-R3-JV
This is a termination of parental rights case. Francis Pyle Bates appeals from the final decree of the Probate and Juvenile Court of Lauderdale County which terminated her parental rights to her three minor children, T. M. P., born March 28, 1991; J. R. P., born August 15, 1992; and R. D. P., born July 25, 1994. For the reasons hereinafter stated, we affirm the trial court's final decree.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Rachel J. Anthony |
Lauderdale County | Court of Appeals | 10/19/01 | |
| E2001-00150-COA-R3-CV
E2001-00150-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Telford E. Forgerty, Jr. |
Cocke County | Court of Appeals | 10/19/01 | |
| Ed Davis vs. City of Milan
W2001-00801-COA-R3-CV
Farmer sued city for damages resulting from a fire that destroyed his barn alleging that the city's utility division was negligent in installing a pole and wire on his property and was also negligent in failing to prevent an electrical surge that caused the failure in the wiring. The trial court granted summary judgment to city, and plaintiff appeals. We reverse.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Clayburn L. Peeples |
Gibson County | Court of Appeals | 10/18/01 | |
| Barbara Cochran vs. Jackie Cochran
E2001-00848-COA-R3-CV
This is a suit wherein the Plaintiff, Barbara K. Cochran, sues her former husband, Jackie D. Cochran, seeking specific performance of her claimed right of first refusal to purchase certain real estate. Thomas M. Crawford and his wife, who had purchased the property from Mr. Cochran, were also made parties Defendant. The Trial Court found that Mr. Cochran had met his obligation to give Ms. Cochran the right to purchase the property in accordance with her right of first refusal and that she had declined to accept the offer. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Rex Henry Ogle |
Jefferson County | Court of Appeals | 10/17/01 | |
| Donna Sharon Presley vs. Clavin Herman Shadrick, et al .
E2001-00015-COA-R3-JV
This is a custody and guardianship suit between petitioners, neither of whom is the biological or adoptive parent of the set of twins ("Children") who are at the center of this dispute. The parties in this appeal are, on one side, the Children's maternal great uncle and his wife, Calvin Herman Shadrick and Willie Mae Shadrick ("Shadricks"), and, on the other side, the children's paternal grandmother, Donna Sharon Presley ("Presley"). The trial court granted custody and guardianship of the Children to the Shadricks. Presley appeals. We affirm
Authoring Judge: Judge David Michael Swiney
Originating Judge:Patricia R. Hess |
Anderson County | Court of Appeals | 10/17/01 | |
| Lane-Detman, L.L.C. , et al vs. Miller & Martin, et al
E2001-00444-COA-R3-CV
In 1995, Lane-Detman, LLC, Clara Lane, and Darlene Lane-Detman ("Plaintiffs"), invested $600,000 in two businesses in which Samuel Cooper ("Cooper") had an ownership interest. This investment soured, and in December 1997, Plaintiffs obtained a default judgment against Cooper. Before Plaintiffs invested with Cooper, Plaintiffs' attorney, defendant W. Scott McGinness, Jr. ("Defendant McGinness"), performed a background search on Cooper at the request of Plaintiff Darlene Lane-Detman ("Plaintiff Lane-Detman"). In addition to other investigative efforts, Defendant McGinness had the co-defendant, Equifax Services, Inc. ("Defendant Equifax"), perform a background search on Cooper. Defendant Equifax's report revealed no questionable or negative history on Cooper. After Plaintiffs obtained their default judgment against Cooper, Plaintiffs hired other counsel to assist with collection of the judgment. In 1998, Plaintiffs' new counsel uncovered an abundance of questionable and negative history on Cooper. Thereafter, in 1999, Plaintiffs sued Defendant McGinness and his law firm, Miller & Martin ("Defendant Miller & Martin"), and Defendant Equifax. The Trial Court granted summary judgment to the defendants, finding that Plaintiffs' claim against Defendant Equifax was barred by an exculpatory clause in the contract between Defendant Equifax and Defendant Miller & Martin and that Plaintiffs' claim against Defendants Miller & Martin and McGinness was barred by the statute of limitations. Plaintiffs appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Buddy D. Perry |
Hamilton County | Court of Appeals | 10/17/01 | |
| Meagan Arnold vs. Charles Arnold
E2001-00596-COA-R3-CV
This is a suit by a minor brought by her mother, and also by her mother individually against the minor's grandfather, Charles Arnold and her father Randy Arnold. The child was injured when she placed her hand into the fan belt of a tractor which was stationary with the engine running. The Trial Court granted the father's motion for summary judgment and denied the grandfather's. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:John K. Wilson |
Hawkins County | Court of Appeals | 10/17/01 | |
| Kimberly Day v. John Day
M2001-01624-COA-R9-CV
This is a post-divorce case. It is before the Court on the application of John Arthur Day ("Husband") seeking relief from the interlocutory order of the trial court denying his motion for summary judgment. Husband's summary judgment motion was filed in response to the Tenn. R. Civ. P. 60.02(1) motion filed by his former wife, Kimberly Beard Day ("Wife"), in which she seeks relief from portions of the parties' judgment of divorce (sometimes referred to herein as "the judgment"), specifically the child support, division of property, and alimony provisions of the incorporated marital dissolution agreement. Husband's application to this Court was originally filed pursuant to Tenn. R. App. P. 10. Before his application was acted upon, he converted it to a request for relief pursuant to Tenn. R. App. P. 9. This change in approach followed the trial court's reversal of its earlier order denying him Rule 9 relief. We granted Husband's Rule 9 application. We find that the material facts are not in dispute and that those facts establish that Husband is entitled to a judgment as a matter of law. Accordingly, we (1) reverse the trial court's order of April 24, 2001, denying Husband's motion for summary judgment and (2) dismiss Wife's Rule 60.02(1) motion.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 10/17/01 | |
| William R. Varner vs. City of KnoxviIle
E2001-00329-COA-R3-CV
By way of a complaint for writ of certiorari, the plaintiff challenges the decision of the Knoxville City Council ("the City Council") to deny his application to rezone his .5 acre lot from low density residential to commercial for the expansion of a used car lot located on adjacent property. Following a bench trial, the court below dismissed the complaint. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 10/17/01 | |
| 2000-02837-COA-R3-CV
2000-02837-COA-R3-CV
Originating Judge:Thomas R. Frierson, II |
Hamblen County | Court of Appeals | 10/17/01 | |
| Taylor Brown vs. Jerry Nowlin
W2001-01455-COA-R3-CV
This dispute addresses the applicability of the "made whole" doctrine to the subrogation rights of TennCare, Tennessee's medicaid waiver program, where the insured and the tortfeasor reached a settlement agreement without the participation or consent of TennCare. We hold that the made whole doctrine did apply to TennCare at the time this case was settled and the order entered. Affirmed.
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 10/16/01 | |
| J.D. Hickman vs. TN Board of Paroles
M2000-02846-COA-R3-CV
This appeal involves a prisoner's efforts to obtain a mandatory parole date. After the general counsel for the Tennessee Board of Paroles informed him that he was ineligible for mandatory parole, the prisoner filed a common-law writ of certiorari in the Chancery Court for Davidson County seeking a declaration either that he is entitled to a mandatory parole date or that the Board had been employing the wrong legal standards with regard to his parole date and the parole dates of all other prisoners sentenced after 1989. In response to the Board's Tenn. R. Civ. P. 12.02(6) motion, the trial court dismissed the prisoner's petition because it was not timely filed and because the Tennessee Criminal Sentencing Reform Act of 1982 had prospectively repealed mandatory parole by implication. On this appeal, the prisoner asserts that his suit was timely filed and that the trial court erred by concluding that he was not entitled to a mandatory parole date. We have determined that the prisoner's complaint was timely; however, we have also determined that he is not entitled to a mandatory parole date.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 10/16/01 | |
| Sarah Whitten vs. Dale Smith
W2001-01347-COA-R3-CV
This is a suit for the failure to pay a real estate commission. The Appellant filed a complaint against the Appellees in the Chancery Court of Hardin County. The Appellees filed a motion to dismiss for lack of subject matter jurisdiction and improper venue. The trial court denied the motion to dismiss. The Appellees filed an answer and counter-complaint. A trial was held on the complaint and counter-complaint. The trial court entered an order finding that the Appellees did not owe the Appellant a real estate commission and dismissing the counter-complaint. The Appellant appeals the order of the Chancery Court of Hardin County finding that the Appellees did not owe the Appellant
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Ron E. Harmon |
Hardin County | Court of Appeals | 10/16/01 | |
| Jessie Anthony vs. Melbourne Holland
W2001-00745-COA-R3-CV
This is an appeal from a judgment by the trial court, sitting without a jury, that the defendant's negligence was not the proximate cause of plaintiff's injuries. We hold that the evidence does not preponderate against the factual findings of the trial court. We therefore affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Donald H. Allen |
Madison County | Court of Appeals | 10/16/01 | |
| Pamela K. Cantrell v. James Michael Cantrell, Jr.
2001-00259-COA-R3-CV
Originating Judge:Jerri S. Bryant |
Bradley County | Court of Appeals | 10/16/01 |