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| Donna Jo Russell , et al vs. John Russell
M2000-01101-COA-R3-CV
On August 5, 1998, Donna Jo Russell Freeman filed a complaint for divorce against John Robert Russell. The parties entered into a Marital Dissolution Agreement ("MDA") and shortly thereafter the trial court entered a final decree of divorce on December 21, 1998. The MDA did not address the legal rights and responsibilities with regard to the two children (hereinafter referred collectively as "the minor children"). The children's biological father is Carl Robert Freeman. Donna Jo Russell and Carl Robert Freeman married on November 29, 1999. Subsequently, Carl Robert Freeman filed a petition to establish parentage of John and Josiah Russell. John Robert Russell filed a motion seeking temporary visitation rights of the minor children and a Rule 60.02 motion. The trial court denied John Robert Russell's temporary visitation rights and consolidated his Rule 60 motion with Carl Robert Freeman's parentage petition. On March 10, 2000, the Circuit Court of Sumner County granted Carl Robert Freeman's petition to establish parentage, effectively making him the father of the minor children. The trial court further denied John Robert Russell's Rule 60.02 motion. On April 24, 2000, John Robert Russell filed this appeal.
Authoring Judge: Judge Don R. Ash
Originating Judge:Arthur E. Mcclellan |
Sumner County | Court of Appeals | 07/31/01 | |
| Terese Overland vs. Swifty Oil Co.
M2000-02192-COA-R3-CV
On October 22, 1997, an accident occurred involving two minors, Ms. JoNee O'Brien and Ms. Kari Ann White. As a result of the accident, Ms. White, a passenger in Ms. O'Brien's automobile sustained fatal injuries. On February 24, 1998, Ms. Terese Overland, individually and as natural mother and next of kin of Ms. White, filed a wrongful death action against Ms. O'Brien and her mother, Ms. Jackie O'Brien Woodard. On October 22, 1998, the complaint was amended to add Swifty Oil Co., Inc. as an additional party. The complaint alleged that the young minors obtained intoxicating liquors from Swifty's manager, Mark Erickson. On April 14, 1999, the complaint was amended again alleging negligent supervision on behalf of Swifty. Swifty subsequently filed a motion for summary judgment pertaining to the claims asserted by Ms. Overland on March 31, 2000. By Memorandum of Law, the trial court granted summary judgment to Swifty on all claims on May 12, 2000. An Order dismissing all claims against Swifty was entered May 18, 2000. On July 5, 2000, an Order of compromise and settlement was entered effectively dismissing all the claims against the defendants excluding Swifty. Notice of this appeal soon followed.
Authoring Judge: Judge Don R. Ash
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 07/31/01 | |
| Debra McDowell vs. Robert McDowell
M2000-02153-COA-R3-CV
Mr. and Ms. McDowell were divorced by the Williamson County Circuit Court on September 15, 1986. On March 16, 2000, Ms. McDowell filed a contempt complaint against Mr. McDowell alleging that he had breached an agreement to pay his youngest daughter's private school tuition at Battle Ground Academy. A hearing was held on May 2, 2000, concerning the contempt complaint. Following the hearing, the Honorable Jeffery Bivens of the Williamson County Circuit Court took the matter under advisement. On July 28, 2000, the trial court ordered Mr. McDowell to pay his daughter's tuition until she graduated from Battle Ground Academy. This appeal soon followed.
Authoring Judge: Judge Don R. Ash
Originating Judge:Jeffrey S. Bivins |
Williamson County | Court of Appeals | 07/31/01 | |
| Peter Kuderewski, et al vs. Estate of Hoover Hoobs, et al
E2000-02515-COA-R3-CV
Peter Kuderewski and David Sanchez ("Plaintiffs") sued Hoover Hobbs ("Defendant"), alleging they had an implied partnership during the beginning phases of a now-defunct plan to open a family fun center in Kingsport, Tennessee ("Project"). Plaintiff argues the parties had agreed to use property ("Property") already owned by Defendant for the Project. A portion of the Property was later sold, and Plaintiffs sought to recover 50% of the sale price pursuant to their claimed respective partnership interests. Alternatively, Plaintiffs claim they were entitled to recover, under a theory of unjust enrichment money spent toward improving Defendant's Property in anticipation of the Project. After a bench trial, the Trial Court denied both of Plaintiffs' claims. Plaintiffs appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Richard E. Ladd |
Sullivan County | Court of Appeals | 07/30/01 | |
| Kathryn Darden vs. Bradley Sensing, et al
M2000-01519-COA-R3-CV
This appeal arises from the Appellant's purchase of a house and property owned by the Appellees. Following the purchase, a landslide occurred on the property. The Appellant filed a complaint in the Chancery Court of Davidson County seeking compensatory damages against the Appellees for fraud, intentional misrepresentation, negligent misrepresentation, breach of warranty, breach of contract, deceit, and violation of the Tennessee Consumer Protection Act. Following a jury trial, the jury entered a verdict in favor of the Appellees. The Appellant filed a motion for a new trial. The trial court denied the motion for a new trial. The Appellant appeals the jury verdict in favor of the Appellees and the denial of the motion for a new trial by the Chancery Court of Davidson County. For the reasons stated herein, we affirm the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/27/01 | |
| In the Matter of: Dakota Hoover-Crawford , Colton Thomas & Dusty Thomas, Dept. of Children's Svcs. vs. Niki Crawford Thomas
M2000-01655-COA-R3-CV
This is a suit for the termination of parental rights. The Appellee filed a petition to terminate the Appellant's parental rights to three of her minor children. Following a hearing, the Juvenile Court of Cannon County entered an order terminating the Appellant's parental rights. The Appellant appeals the trial court's order terminating her parental rights. For the reasons stated herein, we affirm the trial court's decision.
Originating Judge:John B. Melton |
Cannon County | Court of Appeals | 07/27/01 | |
| Kenneth Psillas, et al vs. Home Depot, Inc.
M1999-00064-COA-R9-CV
This appeal involves an eight-year-old boy who was injured while playing on a roll of carpet in a home improvement store. The child and his parents filed a negligence action against the home improvement retailer in the Circuit Court for Williamson County. After extensive discovery, the retailer moved for summary judgment on the ground that the child and his parents had failed to demonstrate that they would be able to prove all the necessary elements of their negligence claim. The child and his parents responded that they had presented sufficient evidence to make out their claim based on the doctrine of res ipsa loquitur. The trial court denied the motion for summary judgment but authorized the retailer to pursue a Tenn. R. App. P. 9 interlocutory appeal. We have determined that the trial court erred by denying the retailer's summary judgment motion because the boy and his parents have not presented sufficient evidence to invoke the res ipsa loquitur doctrine. Accordingly, we reverse the order and remand the case to the trial court with directions that the case be dismissed.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 07/27/01 | |
| Gulf Insurance Co. vs. Construx, Inc., et al
M1999-02803-COA-R3-CV
This is an appeal from the grant of Plaintiff's motion for summary judgment. The case arises from a construction contract in which Gulf Insurance Co. provided Construx, Inc. the required payment and performance bonds, and in return obtained an indemnity contract with the individual Defendants as indemnitors. Additionally, a Settlement Agreement was executed in connection with the permanent loan financing and Gulf settled the subcontractor liens with the remaining proceeds of the construction loan. After payments were made, Gulf sued for indemnity under the indemnity contract for payments made. Construx asserted that the Settlement Agreement barred Plaintiff's claims or, alternatively, Gulf did not act reasonably and in good faith in settling the claims and is not entitled to recovery. Summary judgment was granted to Gulf and Construx appealed. For the reasons below, we reverse and remand finding that there are genuine issues of fact, making summary judgment inappropriate.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 07/26/01 | |
| Christina Mae Stroud vs. Jimmy Stroud
M1999-02239-COA-R3-CV
In this post-divorce case, the mother appeals the trial court's refusal to overturn a 1995 order awarding the father a judgment against her and sentencing her to ten days in jail for contempt of court. We affirm the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 07/26/01 | |
| Kathy Phillips, et al vs. Scotty Redmon, et al
M1999-01619-COA-R3-CV
In this appeal from the Circuit Court for Wilson County the Appellant, Justin Redmon, a minor child, through his guardian ad litem, questions whether the Trial Court erred in granting a petition filed by the Appellee, Kathy Phillips, to change custody from Justin's natural father, Scotty Redmon, to Ms. Phillips, Mr. Redmon's sister. We affirm the judgment of the Trial Court and remand for collection of costs below.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Clara W. Byrd |
Wilson County | Court of Appeals | 07/26/01 | |
| Warbington Construction, Inc. vs. Franklin Landmark, LLC
M2000-00676-COA-R3-CV
This appeal involves the vacating of an arbitration award by the court below. The trial court applied nonstatutory grounds to vacate the decision of the arbitrator. Because we decline to adopt the nonstatutory grounds for judicial review of an arbitration award under the Federal Arbitration Act, we reverse.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/25/01 | |
| Dale Conrad McQuiston vs. Thomas Ward, Sheriff of Perry County
M2001-00201-COA-R3-CV
Dale Conrad McQuiston filed a pleading entitled "Writ of Replevin" wherein he sought to recover $1,000 cash and various items of personal property which were alleged to have been seized by the defendant Thomas Ward, Sheriff of Perry County, Tennessee. The trial court granted Defendant's motion for summary judgment. We affirm on the basis that Mr. McQuiston's suit was barred by the three year statute of limitations set forth in section 28-3-105 of the Tennessee Code Annotated.
Authoring Judge: Judge David R. Farmer
Originating Judge:Russell Heldman |
Perry County | Court of Appeals | 07/25/01 | |
| Thomas Fulbright vs. Bevans Fulbright
E2000-02040-COA-R3-CV
Thomas Fulbright ("Husband") filed for divorce alleging inappropriate marital conduct on the part of Bevans Ramsey Fulbright ("Wife"). Wife filed a counter-claim seeking a divorce on the same basis. The Trial Court granted both parties a divorce, divided the marital property, awarded Wife rehabilitative alimony, and granted primary physical custody of the three minor children to Wife. Husband appeals all of these determinations, and Wife appeals the Trial Court's refusal to award her attorney fees. We affirm as modified.
Authoring Judge: Judge David Michael Swiney
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 07/25/01 | |
| Gatlinburg Airport Authority, Inc. vs. Ross B. Summitt, et al
E2000-02646-COA-R3-CV
An electrical transmission line owned and maintained by TVA is located about 1000 feet from the eastern end of the runway at the airport owned and operated by the Gatlinburg Airport Authority [GAA]. The transmission line was constructed before the Airport was established. The two have coexisted without mishap, and no official publication, State or Federal, warns of any danger to aircraft posed by the transmission line. However, because of the transmission line, 360 feet of the runway cannot be used by aircraft landing or taking off. The GAA, after 35 years, concluded that the transmission line was an airport hazard. TVA is immune from suit, but agreed to relocate its transmission line if GAA would acquire the necessary easement over lands of the defendants. The trial court dismissed the eminent domain action, holding that (1) the plaintiffs should seek relief against TVA if the transmission line is hazardous, (2) the line is not hazardous, (3) there is no necessity to remove the line, (4) the attempted condemnation is arbitrary and capricious. The judgment is vacated.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:W. Dale Young |
Sevier County | Court of Appeals | 07/24/01 | |
| Patricia Williams vs. Canada Life vs. James Williams/Deborah Elg
W2000-03096-COA-R3-CV
The plaintiff's husband died from a single gunshot wound to his chest which occurred while the two were alone in their home. By whose hand he died was the sole issue at both the trial and on appeal. If the plaintiff's husband shot himself, as she claims, she receives the proceeds from an insurance policy on his life. However, if she shot and killed her husband, as his adult children assert, they receive the insurance proceeds. Following the trial, the chancery court concluded that the death occurred as the result of a suicide. The defendants appealed, arguing that the presumption against suicide compels the conclusion that their father was shot to death by the plaintiff, their stepmother. Based upon our review, we affirm the judgment of the chancery court that the death occurred as the result of a suicide.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:J. Steven Stafford |
Dyer County | Court of Appeals | 07/24/01 | |
| Dennis Plemons, et al vs. Larry Moses, et al
E2000-02781-COA-R3-CV
Dennis Plemons ("Plaintiff") leased the Crossroads Market to Larry Moses ("Defendant") pursuant to a five-year lease. Prior to the expiration of the lease, Plaintiff found new tenants willing to pay significantly more to lease the property. Plaintiff informed Defendant about the new potential tenants and gave Defendant the opportunity to continue leasing the property if he would pay this higher rent. Defendant declined to lease the property for this increased amount. Plaintiff allowed Defendant to continue leasing the property until the new tenants were ready to assume possession of the property. When the new tenants were ready to assume possession, Defendant refused to vacate the premises claiming that he was a holdover tenant and entitled to possession of the property under a year-to-year tenancy after the expiration of the lease. The Circuit Court held that a new month-to- month tenancy had been created and, therefore, Plaintiff was entitled to possession. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John B. Hagler, Jr. |
Monroe County | Court of Appeals | 07/24/01 | |
| E2000-01823-COA-R3-CV
E2000-01823-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:John L. Kiener |
Washington County | Court of Appeals | 07/23/01 | |
| William P. Livingston, Jr. vs. Mike Hayes, et al
E2000-01619-COA-R3-CV
In this appeal from the Circuit Court for Hamblen County, the Plaintiff/Appellant, William P. Livingston, Jr., questions whether the Trial Court erred in entering a summary judgment dismissing his action for libel against the Defendants/Appellees, Mike Hayes, et al. We affirm the judgment of the Trial Court and remand for collection of costs below. We adjudge costs of the appeal against Mr. Livingston and his surety.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Richard E. Ladd |
Hamblen County | Court of Appeals | 07/23/01 | |
| Karen Garrett Humphries vs. David Alison Humphries
E2000-02912-COA-R3-CV
In this divorce case, the trial court classified the parties' property, following which it divided the marital property, but declined to order spousal support. The husband appeals, arguing (1) that the trial court erred in classifying the increase in value of his separate property as marital property; (2) that the division of the marital property was not equitable; and (3) that the trial court erred in assigning, without classifying, the wife's credit card debt to the husband. By way of a separate issue, the wife argues that she is entitled to an award of alimony. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jean A. Stanley |
Washington County | Court of Appeals | 07/23/01 | |
| David Melvin York, et ux vs. Vulcan Materials CO. vs. Transcontinental Insurance Company
E2000-02528-COA-R3-CV
Contractor sought recovery from subcontractor's insurance carrier for moneys paid to a third party who had sued contractor and subcontractor in tort. The Trial Court ordered recovery under the policy. Insurance Company appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 07/20/01 | |
| Sharon Faye Brown Hartman v. Leonard Lee Hartman
E2000-1927-COA-R3-CV
Originating Judge:Thomas R. Frierson, II |
Greene County | Court of Appeals | 07/20/01 | |
| Rhonda Lowrimore vs. Certified Industries, Inc.
M1998-00938-COA-R3-CV
This appeal involves an award of front pay damages in a retaliatory discharge case. An employee who had been injured on the job five times in less than two years filed a retaliatory discharge suit in the Circuit Court for Lewis County alleging that her employer had discharged her in retaliation for her workers' compensation claims. A jury awarded the employee $10,390 in back pay and $20,000 in punitive damages. Thereafter, the trial court determined that reinstatement was not feasible and awarded the employee an additional $36,327 in front pay. On this appeal, the employer challenges the front pay award on two grounds. First, it asserts that the employee was not entitled to front pay. Second, it asserts that if the employee is entitled to front pay, the amount of front pay awarded by the trial court is too high. We have determined that the trial court correctly determined that the employee is entitled to front pay. However, we have also determined that front pay award must be reduced to $25,429 because of an error in the trial court's computations.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Donald P. Harris |
Lewis County | Court of Appeals | 07/19/01 | |
| Rachel Rice vs. Lee Rice
M1998-00973-COA-R3-CV
This appeal involves the dissolution of a four-year marriage. Both parties requested the Circuit Court for Davidson County to grant them a divorce. On the day of trial, the parties stipulated that they should be declared divorced and agreed upon the division of their modest marital estate. Accordingly, the trial court heard proof regarding child custody and child support as well as the wife's request for rehabilitative spousal support. The trial court gave sole custody of the parties' child to the wife and directed the husband to pay $570 per month in child support, as well as all the child's healthcare expenses not covered by insurance. The trial court also ordered the husband to pay the wife $250 per month in rehabilitative support for twenty-four months. On this appeal, the husband takes issue with the trial court's decisions to grant the wife sole custody of the parties' child, to require him to pay the child's medical expenses not covered by insurance, and to pay the wife $250 per month in spousal support for twenty-four months. We have determined that the trial court's decisions are amply supported by the record, and accordingly, we affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 07/19/01 | |
| Jean Kelly Fisher Wallace v. Richard Edward Wallace
02A01-9702-CH-00029
This is a post-divorce custody proceeding. Jean Kelly Fisher Wallace (“mother”) was
Authoring Judge: Judge Hewitt P. Tomlin
Originating Judge:Judge C. Neal Small |
Shelby County | Court of Appeals | 07/18/01 | |
| George Stinson, Edward D. Lewis, and Gelsco of Tennessee, Inc., v. 138 Fifth Avenue South, et. al. and Metro Development and Housing Authority - Concurring
01A01-9702-CV-00060
I concur in the conclusion that paragraph 17 of the lease was not triggered by the sale from the lessors to MDHA. I am also of the opinion that the critical sentence beginning with “All damages awarded for such taking . . .” refers to a partial taking, because the damages are described later in the sentence as “compensation for diminution in value to the leasehold or to the fee of the property herein leased.” A taking of the whole would not diminish the value of the leasehold or the fee; it would extinguish the leasehold and the fee and replace them with a monetary award.
Authoring Judge: Judge Ben H. Cantrell
|
Court of Appeals | 07/18/01 |