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| Stefan Olaru vs. John Cooper, et al
E2001-00243-COA-R3-CV
This case arises out of an automobile accident. The plaintiff, Stefan Olaru, brought a personal injury action against John Cooper, the driver of the other vehicle involved in the accident. The plaintiff also sued Roberts Express, Inc., from whom the plaintiff had leased the 1995 GMC van involved in the accident. Roberts was sued for medical expenses, lost wages, and disability benefits under Personal Injury Protection ("PIP") insurance coverage provided to him by Roberts. By way of a special verdict, the jury found the plaintiff 60% at fault for the accident; assessed Cooper with the remaining 40% of fault; and determined that the plaintiff had not suffered any injuries as a result of the accident, thereby precluding the plaintiff's recovery under his PIP insurance coverage. The plaintiff appeals, arguing one issue, i.e., that the jury's verdict is contrary to the evidence. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 05/25/01 | |
| In the matter of Leola Dedman vs. Mary Murphy
W2000-00086-COA-R3-CV
This appeal arises from an order of the Probate Court of Shelby County surcharging George Henderson, executor and trustee of the estate of Leola Dedman, in the amount of $11,018.29. This Court granted Mr. Henderson's T.R.A.P. Rule 10 Application for Extraordinary Appeal as to the surcharge. For the reasons stated herein, we affirm the trial court's decision.
Originating Judge:Robert S. Benham |
Shelby County | Court of Appeals | 05/25/01 | |
| 2000-00197-COA-R3-CV
2000-00197-COA-R3-CV
Originating Judge:Pat Hess |
Anderson County | Court of Appeals | 05/25/01 | |
| Esseoc Cement Corp. vs. PLC
E2002-01992-COA-R3-CV
ESSROC Cement Corp. ("ESSROC") brought this action against PLC, Inc., formerly known as Paty Lumber Company, seeking judgment in amount of $112,551.43, plus service charges and attorney's fees, as payment for cement and masonry materials which it sold to PLC. After ESSROC filed a motion for summary judgment, the parties reached a settlement agreement whereby PLC agreed to pay ESSROC two installments of $25,000.00. PLC paid the first installment under the agreement but not the second. This prompted ESSROC to file a motion to rescind the settlement agreement on grounds of fraudulent misrepresentation. The Trial Court granted ESSROC rescission of the settlement agreement, and granted summary judgment in ESSROC's favor. We affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:G. Richard Johnson |
Carter County | Court of Appeals | 05/25/01 | |
| Delois Armstrong vs. James Coleman
W2000-01122-COA-R3-CV
In two cases consolidated for appeal, the petitioners, mothers that are provided child support enforcement and paternity establishment services by the State of Tennessee pursuant to federal and state law, appeal the orders of the trial court setting periodic child support and establishing child support arrearages. The trial court failed to follow the child support guidelines, stating that the guidelines are an unconstitutional violation of the equal protection clause of both the state and federal constitutions insofar as the guidelines do not allow credit to a payor-parent for obligations imposed by child support orders concerning children born to the payor-parent subsequent to the subject child. We reverse and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Robert W. Newell |
Gibson County | Court of Appeals | 05/24/01 | |
| Johnny Conaway vs. Semiko L. Lewis (Conaway)
M2000-00617-COA-R3-CV
This is a suit by an incarcerated prisoner seeking a divorce from his unincarcerated wife. The complaint alleges that the parties have no children and seeks divorce on the grounds of adultery and desertion. The defendant was before the court by personal service of process and did not answer the complaint. The prisoner sought default judgment which motion was never acted upon by the trial court. The circuit court clerk served a notice on the parties in this case on January 7, 2000, that since the case had been filed since December 9, 1998 and not prosecuted, it was subject to dismissal for failure to prosecute. On February 29, 2000, the case was dismissed for failure to prosecute. The prisoner/plaintiff timely appealed and we reverse the action of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 05/24/01 | |
| Citizen's Tri-County Bank vs. Frank Hartman, et al
M2000-03087-COA-R3-CV
After a dispute arose between the widow and executor of husband's estate concerning ownership of two bank accounts, the bank filed a declaratory judgment action to determine ownership. The trial court determined that the checking account was owned by the widow, and the savings account was part of the decedent's estate. Both parties appealed. We reverse in part and affirm in part, declaring that both accounts are part of the husband's estate.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Jeffrey F. Stewart |
Sequatchie County | Court of Appeals | 05/24/01 | |
| Dept. of Children's Svcs. vs. S.S.S., J.S., and K.S.
M2000-01248-COA-R3-CV
This case involves the termination of parental rights. The trial court terminated the parental rights of the mother in her son and daughter, and those of the children's two separate fathers. The mother and father of the daughter had been convicted of aggravated child abuse in criminal court. The mother filed a petition for post-conviction relief, which was denied, and she appealed to the Court of Criminal Appeals. Both the mother and the father of the daughter appeal the termination of their parental rights. The mother argues that her conviction for child abuse was not sufficient to satisfy the statutory grounds for termination of parental rights because it was on appeal, and the father argues that there was no direct evidence presented that he abused the children. We affirm, finding ample evidence to support the termination of both parents' rights.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:John P. Hudson |
Putnam County | Court of Appeals | 05/24/01 | |
| Pamela Jean Anness vs. Michael Mario Chapdelaine, Sr.
M2000-01792-COA-R3-CV
This appeal arises from the appellee's filing of a Petition to Change Custody in the Chancery Court of Williamson County. Following a hearing, the trial court entered an Order granting custody of the parties' minor children to the appellee. The trial court ordered the appellant to pay child support in the amount of $1,480.00 per month. The appellant appeals the amount of child support set by the trial court. For the reasons stated herein, we affirm in part, reverse in part, and remand the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 05/24/01 | |
| Fred Hodges vs. Virginia Lewis, Warden
M2000-02309-COA-R3-CV
Inmates of Tennessee Department of Correction filed in the chancery court a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. The chancery court dismissed the inmates' petition for lack of subject matter jurisdiction. Inmates have appealed. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 05/24/01 | |
| Michael Pine vs. Dept. of Correction
M2000-02410-COA-R3-CV
This is a declaratory judgment action by an inmate regarding his eligibility for sentence reduction credits. The inmate pled guilty to raping a child. A Tennessee statute requires that anyone convicted of the rape of a child must serve his entire sentence. Notwithstanding this, the inmate was sentenced as an especially mitigated offender eligible for parole after serving twenty percent of his sentence. The inmate filed a petition for declaratory judgment, arguing that he should be eligible to earn sentence reduction credits because he was sentenced as a mitigated offender. The trial court held that the inmate was not eligible for sentence reduction credits. We affirm, finding that the inmate's sentencing as a mitigated offender did not alter the statutory requirement that he serve his entire sentence.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 05/24/01 | |
| David Nevills vs. South Central Correctional Disciplinary Board
M2000-02324-COA-R3-CV
This appeal involves the denial of a petition for writ of certiorari brought in chancery court by a state prisoner. The prisoner requested review of actions allegedly in violation of due process taken by a prison disciplinary review board. The chancery court granted a motion for summary judgment in favor of the disciplinary review board and for the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert L. Holloway |
Wayne County | Court of Appeals | 05/24/01 | |
| Kwan & Han-Lee vs. John Doe & Allstate Ins. Co.
M2000-03208-COA-R3-CV
This is a lawsuit against an uninsured motorist insurance carrier arising from a cat jumping out of a car. The plaintiffs were injured in a car accident allegedly caused when a cat leapt from a vehicle and into the plaintiffs' lane of traffic. The plaintiffs filed suit against several parties, including the plaintiffs' uninsured motorist carrier. The uninsured motorist carrier moved for summary judgment, asserting that the negligent actions of the unidentified driver did not arise "out of the ownership, maintenance, or use of a motor vehicle." The motion was granted. The plaintiffs then sought to amend their complaint, and this motion was also denied. A trial was then held on the claims against the remaining defendants and the jury apportioned fifty percent of the fault to the unidentified driver. The plaintiffs now appeal the grant of summary judgment to the uninsured motorist carrier and the denial of the plaintiffs' motion to amend their complaint. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 05/24/01 | |
| Gerald Hopper vs. Patricia Hopper
M2000-01444-COA-R3-CV
Wife appeals final decree of divorce as it pertains to a division of marital property and alimony in futuro award. The trial court charged Wife with entire amount of advance from house-sale proceeds and failed to award Wife one-half of Husband's retirement. Wife appeals. We modify the division of marital property and affirm as modified.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 05/24/01 | |
| Darrell Cannon vs. Dept. of Correction, et al
M2000-01950-COA-R3-CV
The petitioner sought a declaratory judgment regarding the computation of his prison sentence by the Department of Correction. The Department made a correction, essentially consistent with the petitioner's request, and filed documents demonstrating that all but two of the petitioner's sentences have expired. We affirm the trial court's dismissal of the claims remaining in the petition because the petitioner has failed to demonstrate his entitlement to additional sentence reduction credits for a sentence imposed in 1983 which has expired or to pretrial jail credits for a sentence imposed in 1983 but to be served consecutively to four other sentences.
Authoring Judge: Judge David R. Farmer
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 05/24/01 | |
| Franklin County, TN vs. The Town of Monteagle, TN, et al
M2000-02453-COA-R3-CV
This is an annexation by referendum case. Monteagle is located in Grundy County. Its corporate limits extend to Franklin County. Interested residents of the area sought to be annexed in Franklin County petitioned Monteagle to be annexed. Monteagle adopted a Resolution for the referendum. Nineteen out of twenty eligible voters favored annexation. Franklin County filed a complaint for injunctive relief, which was granted upon a finding that the Resolution was not properly published. Monteagle appealed, but in the interim, adopted another Resolution for a referendum. The voters again favored annexation. The County challenged the second referendum by a Rule 52 motion alleging that Monteagle repealed the Resolution for the second referendum thus making it a nullity.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Jeffrey F. Stewart |
Franklin County | Court of Appeals | 05/23/01 | |
| Melissa Jane (Nichols) Steen vs. Evans Harrington Steen
M2000-00313-COA-R3-CV
In this custody case the General Sessions Court of Wilson County changed its custody order from joint care and control with primary custody in the father to exclusive custody in the father and standard visitation to the mother. The record shows, however, that the mother has had primary custody of the children since the divorce and that both parties are fit parents. They each love the children and take good care of them. Under those circumstances, we hold that there is a presumption in favor of continuity of placement. Therefore, we reverse the lower court's order and grant primary custody to the mother.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Robert P. Hamilton |
Wilson County | Court of Appeals | 05/23/01 | |
| Steffone McClendon vs. Dr. Elaine Bunick
E1999-02814-COA-R3-CV
In this medical malpractice action, Plaintiff appeals the trial court's entry of summary judgment in favor of the Defendant, Dr. Bunick. For the reasons set forth below, we affirm the trial court in all respects.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 05/21/01 | |
| M2000-02334-COA-R3-CV
M2000-02334-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Leonard W. Martin |
Cheatham County | Court of Appeals | 05/18/01 | |
| Carolyn Marie Leasure White, et al vs. Timothy Wade Moody
M2000-01778-COA-R3-CV
This is a suit wherein the Plaintiffs seek a termination of the Defendant father's parental rights and an adoption by the mother's present husband. The Trial Court terminated the father's rights and granted the adoption. We vacate and remand for a determination of the best interest of the child as required by T.C.A. 36-1-113(c)(2).
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Carol A. Catalano |
Robertson County | Court of Appeals | 05/18/01 | |
| Antonio Sweatt vs. Billy Compton
W2001-00002-COA-R3-CV
This appeal arises from a specialist physician's recommendation that the appellant, an inmate, undergo nasal surgery. The Utilization Review Committee of the Tennessee Department of Correction denied the appellant's recommended surgery. The appellant filed a complaint against the appellees, prison employees of the Lake County Regional Correctional Facility, alleging federal constitutional violations, negligence, and medical malpractice. The appellees filed a motion for summary judgment. The trial court granted the motion for summary judgment. On appeal, this Court reversed the grant of summary judgment in favor of the appellees on the Eighth Amendment claim that arose out of the delay in the recommended surgery and remanded for further discovery. This Court affirmed the grant of summary judgment in favor of the Appellees on all other claims. The trial court permitted the parties to conduct further discovery on the Eighth Amendment claim concerning the delay in the recommended surgery. The trial court granted summary judgment to the appellees. The appellant appeals the trial court's grant of summary judgment in favor of the appellees. For the reasons stated herein, we affirm the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:R. Lee Moore Jr. |
Lake County | Court of Appeals | 05/15/01 | |
| Lindsay, Pamela, & John Taylor vs. Al Beard/Southeastern Freight
W2000-02768-COA-R3-CV
This case involves the application of the statute of limitations to personal injury claims. The plaintiffs are the parents of a minor child who was injured in an automobile accident with the defendant in October 1995. The plaintiffs reached a settlement agreement with the defendants for compensation of their child's injuries, and the parties filed a joint petition with the trial court to have the settlement approved. For reasons which are unclear in the record, the trial court failed to approve the settlement. In February 1999, the plaintiffs withdrew the joint petition to approve the settlement and substituted a claim for damages on behalf of the minor child as well as the parents. In May 1999, the defendants filed a motion for summary judgment on the individual claims of the parents, arguing that these claims were barred by the one-year statute of limitations. The trial court granted the defendants' summary judgment motion. The plaintiffs appealed. We affirm, finding that the issues raised on appeal were not raised to the trial court and therefore cannot be considered on appeal.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 05/15/01 | |
| Norma Tillman vs. Leo Haffey, et al
M2000-02196-COA-R3-CV
Plaintiff filed a complaint on August 30, 1999 alleging a cause of action for malicious prosecution and abuse of process arising out of a suit filed against her by defendants. Plaintiff's cause of action accrued when the defendants, as the plaintiffs in the underlying case, voluntarily dismissed their case on September 14, 1998. When plaintiff filed the complaint, summons was issued by the court clerk, but was retained by plaintiff's counsel and returned unserved. An alias summons was issued on November 1, 1999, and defendants were served November 5, 1999. Defendants filed a motion to dismiss, which was granted by the trial court on the ground that the case was barred by the statute of limitations reasoning that the filing of the suit and retaining the process did not toll the running of the statute of limitations. Plaintiff has appealed. We vacate and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 05/15/01 | |
| Aubrey Lightford vs. Allen Lightford
W2000-02712-COA-R3-CV
Husband appeals final decree of divorce presenting issues pertaining to amount of child support and division of marital property. Husband did not file a transcript of the evidence, nor did he file a statement of the evidence. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 05/15/01 | |
| Clark Earls vs. Shirley Earls
M1999-00035-COA-R3-CV
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 05/14/01 |