| Kennedy v. Titan Specialized Services
M2001-02696-COA-R3-CV
On appeal from Sessions Court, the Chancellor allowed a set-off on the indebtedness. Plaintiff appeals, contending defendant filed no pleading which would entitle him to a set-off. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 09/11/01 | |
| Wendy King vs. Timothy King
M2000-00424-COA-R3-CV
This appeal arises from a divorce and custody dispute. The trial court awarded custody of the parties' four minor children to the father, and the court awarded the mother liberal visitation. The mother appeals the decision of the court below. For the following reasons, we affirm in part, reverse in part, and remand to the trial court for further proceedings consistent with this opinion.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Appeals | 09/11/01 | |
| Walter E. Preston v. W.G. Lutche
M2001-03153-COA-R3-CV
Appellant filed, pro se, a Petition for Writ of Certiorari. He was convicted of a Class X felony in 1982 and now seeks to rescind his April 9, 1986 waiver executed pursuant to Tennessee Code Annotated section 41-21-236. The trial court dismissed the Petition for failure of Appellant to respond to an Order requiring him to submit a copy of his inmate trust account showing all activity in the account for the six months immediately prior to the filing of the action. The trial court did not abuse its discretion in dismissing the Petition on such basis. We hold, on the merits, that Appellant is not entitled to the relief sought. We affirm the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 09/11/01 | |
| Howard L. Fuller v. Astec Industries, Inc.
E2000-00721-COA-R3-CV
Plaintiff filed a retaliatory discharge action based on dismissal from employment for filing a worker's compensation claim. The Trial Judge held the record established the dismissal was not retaliatory. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Judge W. Neil Thomas, III |
Hamilton County | Court of Appeals | 09/08/01 | |
| Julie Amanda Durbin, et vir., v. Sumner County Regional Health Systems, Inc., et al.
M2000-02109-COA-R3-CV
The appellants sued the appellees for claims connected with the death of the appellants' twin fetuses. The jury found in favor of the appellees, and, in addition, after the jury verdict, the trial court granted appellee Dr. Caldwell's motion to dismiss on the ground that the statute of limitations had run before he was sued. The appellants argue that this court should reverse the trial court's order dismissing Dr. Caldwell and overturn the jury's verdict. We reverse the trial court's order dismissing Dr. Caldwell, but affirm the jury verdict in his favor and in favor of the other appellee.
Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Judge Arthur E. McClellan |
Sumner County | Court of Appeals | 09/06/01 | |
| Jimmy Joe Savage, et al., v. Don Hildenbrandt
M1999-00630-COA-R3-CV
This appeal involves a dispute among neighbors arising out of a couple's decision to place a double-wide mobile home on their property. After one of their neighbors blocked the access road to their property to prevent them from setting up their mobile home, the couple who owned the mobile home filed suit in the Chancery Court for Perry County seeking injunctive relief and damages. In response, two of the neighboring property owners requested the trial court to establish the boundary lines, to enjoin the couple from encroaching on their property, and to award actual and punitive damages for the damage that the couple's encroachment had caused to their property. Following a bench trial that continued past midnight and a series of post-trial motions requesting various corrections in the judgment, the trial court eventually established the disputed boundary line and awarded the couple a $6,110.50 judgment against one of their neighbors to compensate them for the damages stemming from the delay in setting up their mobile home. The two neighboring property owners have appealed. They take issue with (1) the trial court's decision to hold court past midnight, (2) the manner in which the trial court considered and disposed of their post-judgment motions, (3) the trial court's decision regarding the location of the southern boundary line of the couple's property, and (4) the trial court's failure to reduce the $6,110.50 judgment by the amount of the damages the couple's encroachment had caused. We have concluded that the trial court did not commit reversible error during either the trial or the post-trial proceedings and that the trial court's decision to award the couple $6,110.50 is supported by the evidence. However, we have also concluded that the evidence preponderates against the trial court's decision regarding a portion of the couple's southern boundary line. Accordingly, we remand the case for the sole purpose of correcting the error regarding a portion of this boundary line.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Chancellor Russell Heldman |
Perry County | Court of Appeals | 09/06/01 | |
| Tanya Tucker, et al., v. Capitol Records, Inc. - Concurring
M2000-01765-COA-R3-CV
I concur in the majority’s conclusion that Tenn. R. App. P. 54.02 does not provide this court
Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Chancellor Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 09/06/01 | |
| In re: L.S.W., et al
M2000-01935-COA-R3-JV
This case involves the termination of parental rights of the mother of four children who were removed from the mother's home by the Department of Children's Services in 1998 and placed in foster care. DCS devised a Plan of Care for the mother, which, among other things, required her to address her drug and alcohol addictions. During the two and one-half years between the removal of the children from the home and the hearing on the petition to terminate parental rights, the mother made token efforts to improve her situation, but her substance abuse continued. The trial court terminated the mother's parental rights on multiple grounds, including the ground that the conditions that led to the children's removal continued to persist with little likelihood of remedy. Because DCS has established grounds for termination and has established that termination is in the best interest of the children, we affirm.
Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Judge Max D. Fagan |
Robertson County | Court of Appeals | 09/06/01 | |
| Lisa Heath vs. Memphis Radiology
W2000-02770-COA-R3-CV
This is a medical malpractice case. Plaintiff sued physician, radiological group and hospital, alleging failure to discover and diagnose her malady resulting in permanent physical impairment. The trial court entered judgment for the defendants on a jury verdict, and plaintiff appealed asserting evidentiary errors and the failure of the trial judge to perform his duty as the thirteenth juror. We affirm
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 08/30/01 | |
| Alfred Earl Vincent vs. Cheryl Lynn Vincent
E2000-02529-COA-R3-CV
In this divorce case, the Trial Court awarded custody of the minor child to father and divided the parties' marital assets. The wife appealed and we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Frank V. Williams, III |
Morgan County | Court of Appeals | 08/30/01 | |
| James Nelson s. Victoria Nelson
E2000-02873-COA-R3-CV
James Roger Nelson ("Husband") filed a Complaint for Absolute Divorce ("Complaint") against Victoria Kay Goad Nelson ("Wife"). Wife filed an Answer and a Counter-Complaint for divorce. Wife admitted to Husband she had been and still was involved in an extramarital affair with a co-worker. Before trial, Husband obtained a temporary restraining order against Wife, and Wife obtained an Order of Protection against Husband. Wife testified Husband had subjected her to verbal and physical abuse in front of their minor children. Wife also testified Husband had threatened her with a gun while their children were at home with them. The Trial Court granted both parties a divorce, divided the parties' property, and awarded custody of the children to Husband. The Trial Court based its custody decision upon Wife's extramarital affair and the fact that Husband, at the time of trial, had the more stable home environment. The Trial Court failed, however, to address Wife's allegations that she was abused by Husband. Wife appeals the custody award and portions of the Trial Court's property division. We vacate, in part, and affirm, in part, and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Michael A. Davis |
Morgan County | Court of Appeals | 08/30/01 | |
| Direct Insurance Co. vs. George Brown
E2001-00412-COA-R3-CV
Trial Court declared coverage under policy issued by plaintiff to defendant for a motor vehicle accident, holding the vehicle operated by defendant was a replacement vehicle. On appeal, we reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Richard E. Ladd |
Sullivan County | Court of Appeals | 08/30/01 | |
| Roy Shanks vs. Hazel Albert
E2001-00066-COA-R3-CV
Roy Michael Shanks appeals dismissal of his suit seeking to overturn a determination of the Board of Review that he was not entitled to unemployment compensation because of misconduct. We concur in the determination of the Chancellor and affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas R. Frierson, II |
Hamblen County | Court of Appeals | 08/30/01 | |
| Laquita Ailsworth vs. Autozone
W2000-03024-COA-R3-CV
This appeal arises from the fall of the Appellant outside the Appellee store. The Appellant filed a complaint against the Appellees in the Circuit Court of Shelby County alleging that her injuries were proximately caused by the Appellees' negligence in allowing an icy condition to exist on the walkway in front of the store. The Appellees filed motions for summary judgment. The trial court granted the Appellees' motions for summary judgment. The Appellant appeals the grant of summary judgment in favor of the Appellees by the Circuit Court of Shelby County. For the reasons stated herein, we reverse the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 08/30/01 | |
| Union Planters vs. Bettye Dedman
W2001-00411-COA-R3-CV
This case is a dispute over the correct valuation of the residuary portion of Testator's estate for purposes of determining whether it was sufficient to pay estate taxes where Testator had directed by Will that such taxes be paid from the residuary. Testator's executor submits that the correct valuation date is the date of death; that neither post-death income nor appreciation of assets in the residuary should be included in the valuation; that income tax paid by the estate on income with respect to a decedent (IRD) should be included in a calculation of the death tax fund deficiency; that attorney's fees incurred as a result of protracted litigation should be included in the death tax fund deficiency calculation. Executor asks us to determine whether such deficiencies are apportionable among those receiving gifts passing outside of probate. We hold that the correct valuation date of the residuary for the purpose of determining its sufficiency to pay the death taxes is the date of Testator's death. Post-death increases should not be utilized. If the residuary on the date of death was insufficient to pay the estate taxes, these taxes are apportionable among all those interested in the estate. We further hold that although the IRD income tax and attorney's fees reduce the estate, they are not includible in the death tax fund deficiency so as to be apportionable to recipients of out of probate transfers.
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert S. Benham |
Shelby County | Court of Appeals | 08/30/01 | |
| Shirley Pegues vs. Lester Graves
W2000-02831-COA-R3-CV
Plaintiffs, husband and wife, sued physician when wife became pregnant after physician had performed a pregnancy avoidance procedure and allegedly guaranteed the results thereof. Defendant moved for a directed verdict which the trial court granted, but plaintiffs contend that it was granted after plaintiffs took a nonsuit. Plaintiffs appeal. We reverse.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 08/30/01 | |
| James Collins vs. Summers Hrdwe & Supply Co.
E2001-00578-COA-R3-CV
This is a suit by Plaintiffs James A. Collins and Gary Smith seeking damages from their former employer, Summers Hardware and Supply Company, in connection with their employment. The Plaintiffs contend that Summers Hardware made certain deductions from their pay which were contrary to their employment contract. Summers Hardware asserts otherwise. A jury found this issue in favor of the Plaintiffs and assessed damages, which the Trial Court, on motion of the Plaintiffs, altered upward. Summers Hardware appeals questioning whether the statute of limitations has run as to Mr. Collins' suit and whether both parties were estopped to press the claim or had waived their right to assert it. Summers Hardware also contends the Trial Court was in error in increasing the jury award without giving them the option of receiving a new trial. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 08/30/01 | |
| Gwen Lay vs. Mark Lay, et al
E2000-02914-COA-R3-CV
In this case the second wife of Mark Lindsay Lay seeks an increase in child support for their child. Because an attack was made on the constitutionality of the Tennessee Child Support Guidelines, the Attorney General of the State was permitted to intervene. Although neither the former wife nor Mr. Lay appeals, the Attorney General does appeal. We vacate the judgment insofar as it addresses the constitutional issue before the Trial Court, and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:John D. Mcafee |
Campbell County | Court of Appeals | 08/30/01 | |
| Estate of James Kirk vs. James Lowe
W2000-02858-COA-R9-CV
The Plaintiffs in this case sued "John Doe," an unknown driver, for injuries and damages resulting from the death of Plaintiffs' decedent. Process was served on decedent's uninsured motorist insurance carrier pursuant to Tennessee's Uninsured Motor Vehicle Coverage statutes. More than one year after the accident, the identity of the "John Doe" was discovered and Plaintiffs filed an amended complaint, naming him as Defendant. The Defendant moved for summary judgment on the basis that he was never an uninsured motorist, but at all pertinent times was insured, and that the one-year statute of limitations had expired. The trial court denied the motion, and we reverse.
Authoring Judge: Judge David R. Farmer
Originating Judge:C. Creed Mcginley |
Benton County | Court of Appeals | 08/30/01 | |
| Terry Littlejohn vs. Bd. of Public Utilities
W2001-00011-COA-R3-CV
This appeal arises from the personal injuries sustained by the Appellant as a result of an electrical shock he received while roofing a house in Henry County, Tennessee. The Appellant filed a complaint against the Appellee under the Governmental Tort Liability Act in the Circuit Court of Henry County. Following a bench trial, the trial court assessed thirty-five percent of the fault to the Appellant and sixty-five percent of the fault to the Appellee. The trial court found that the total amount of damages sustained by the Appellant was $25,000.00. The trial court reduced the total amount of damages by thirty-five percent which resulted in an award of damages to the Appellant in the amount of $16,250.00. The Appellant appeals the decision of the Circuit Court of Henry County assessing thirty-five percent of the fault to the Appellant and awarding damages in the amount of $16,250.00. For the reasons stated herein, we affirm in part and reverse in part the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:C. Creed Mcginley |
Henry County | Court of Appeals | 08/30/01 | |
| Martha Mcelroy v. Norma Sharp And Victoria L. Sharp
E2000-02708-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 08/30/01 | |
| State ex rel Mickey Phillips vs. Gwen Knox
E2000-02988-COA-R3-JV
The Trial Court found Gwen Knox ("Knox") to be in civil contempt for failure to pay child support. This is the second appeal in this case. This Court, in State ex rel. Phillips v. Knox, No. E1999-00205-COA-R3-CV, 2000 WL 217936, at * 2 (Tenn. Ct. App. Feb. 25, 2000), vacated and remanded the Trial Court's dismissal of Knox's Second Petition to Vacate and Modify the Trial Court's order finding that Knox was in contempt for failure to pay child support. On remand, the Trial Court denied Knox's petition, again holding, among other things, Knox in civil contempt but reducing Knox's incarceration time for contempt from thirty days to ten days and her purge amount from $1,000 to $100. Knox appeals. We reverse, in part, and affirm, in part.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Ronald N. Murch |
Anderson County | Court of Appeals | 08/30/01 | |
| New Covenant Baptist Church vs. Panther Sark
E2000-02930-COA-R3-CV
In this suit New Covenant Baptist Church seeks a declaration that certain restrictions applicable to Technology Park West subdivision do not preclude New Covenant from using one of the lots for driveway purposes to other unrestricted property owned by New Covenant outside the subdivision. Panther Sark, a partnership, and certain other owners of lots in the subdivision were named as Defendants and they filed a counter-complaint seeking a declaration to the contrary. The Trial Court found in favor of New Covenant. We reverse and hold in favor of the partnership and other owners of lots in the subdivision.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas R. Frierson, II |
Knox County | Court of Appeals | 08/29/01 | |
| James Ray vs. Billy Williams
W2000-03000-COA-R3-CV
This case involves the doctrine of promissory fraud. The plaintiff service station owner claimed that the defendant rental trailer company fraudulently induced him into entering into a contract to operate a rental trailer dealership by orally assuring him that his dealership rights would be exclusive in Ripley, Tennessee. At the bench trial below, the trial court admitted parol evidence of the oral assurances to show fraud in the inducement of the dealership contract. Based on that evidence, the trial court held that the rental trailer company had committed promissory fraud and awarded damages to the plaintiff service station owner. The rental trailer company now appeals. We affirm the finding of promissory fraud, but reverse in part the damage award.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Jon Kerry Blackwood |
Lauderdale County | Court of Appeals | 08/29/01 | |
| Carl O. Koella, Jr. vs. Fred McHargue, et ux
E2001-00544-COA-R3-CV
Defendants have right of first refusal on tract of real property. The Trial Court held that the giving of a quitclaim deed did not trigger the right of first refusal. Defendants appealed, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:C. K. Smith |
Blount County | Court of Appeals | 08/29/01 |
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