Please enter some keywords to search.
| Eddie Joe Hurst, Sr. vs. Sheila Gail Williams Hurst
E2000-00458-COA-R3-CV
This appeal from the Blount County General Sessions Court concerns whether the Trial Court erred in dismissing the Complaint to Enforce Judgment filed by the Appellant, Sheila Gail Williams Hurst. Ms. Hurst appeals the decision of the General Sessions Court. We reverse the decision of the Trial Court and remand for further proceedings, if any, consistent with this opinion. We adjudge cost of the appeal against the Appellee, Eddie Joe Hurst, Sr.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:William R. Brewer |
Blount County | Court of Appeals | 04/30/01 | |
| Julia Crews vs. Buckman Lab
W2000-01834-COA-R3-CV
Plaintiff, attorney employed in legal department of corporation, sued the corporation for retaliatory discharge. Plaintiff alleges that she was discharged in retaliation for her reporting her superior, general counsel of the corporation, for the unauthorized practice of law, because her supervisor was unlicensed in the State of Tennessee. The trial court dismissed plaintiff's complaint pursuant to Tenn.R.Civ.P. 12.02(6) for failure to state a claim upon which relief can be granted. Plaintiff appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 04/30/01 | |
| Patrick Joseph Edgin vs. Valentina Paulovna Edgin
M2000-02122-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Jim T. Hamilton |
Maury County | Court of Appeals | 04/30/01 | |
| Roy Anderson Corporation v. Westchester Fire
W2000-01489-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 04/30/01 | |
| Travelers Indemnity Co. vs. Kenton Freeman, et al
M2001-00657-COA-R3-CV
Travelers Indemnity Company [Travelers] filed a complaint for a declaratory judgment respecting its liability to pay UM coverage for the minor child of its policyholder who was divorced from the child's mother, with joint custody having been awarded. Mother was killed in a traffic accident in Alabama; her passenger child was injured. Mother owned and was driving her automobile, and she also had UM coverage. The adverse driver had split liability coverage all of which was paid, in equal parts, to the Administrator of the mother's estate, and to the minor child. Mother's UM carrier paid its entire policy proceeds to her administrator. Travelers objected, inter alia, to the lack of allocation of the proceeds of mother's UM coverage. Travelers' insured, on behalf of his minor child, filed a counter-claim against Travelers for the entire UM coverage, notwithstanding an amount certain had never been determined. The court found that Travelers had never disputed that the value of the minor child's claim exceeded the UM coverage and rendered a summary judgment against Travelers for an amount certain. We vacate and remand.
Authoring Judge: Judge Houston M. Goddard
|
Davidson County | Court of Appeals | 04/26/01 | |
| In re: Estate of Lester Doyle and Estate of Edgar Doyle vs. William Hunt
M1997-00179-COA-R3-CV
The beneficiaries of the Edgar J. Doyle estate and trust petitioned the court for removal of the executor/trustee of the estates and trusts of Lester Hill Doyle and Edgar J. Doyle for, inter alia, failure to timely file the required inventories and accountings of both estates. Finding that the executor/trustee breached his fiduciary duty, the trial court removed the executor/trustee and appointed a third party not nominated in either will as the successor executor/trustee in both estates. The executor/trustee alleges error with his removal without an evidentiary hearing and the court's appointment of the successor trustee. We reverse.
Authoring Judge: Judge David R. Farmer
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 04/26/01 | |
| Woodrow Wilson vs. Sentence Information Services, et al
M1998-00939-COA-R3-CV
This otherwise routine dispute over sentence reduction credits raises a seldom-considered point of procedure regarding the proper method for deciding contested facts at the preliminary motion stage. A prisoner filed suit in the Chancery Court for Davidson County against the Tennessee Department of Correction and other state and city officials asserting that he had not been awarded sentence reduction credits allegedly earned while incarcerated in the Davidson County Criminal Justice Center. After the Department filed a Tenn. R. Civ. P. 12.02(1) motion to dismiss on the ground that the prisoner had not exhausted his administrative remedies, the prisoner asserted that he had exhausted all of the remedies available to him from the Department. After considering the arguments and evidentiary materials submitted by both parties, the trial court concluded that the prisoner had not exhausted his administrative remedies and dismissed the suit. On this appeal, the prisoner asserts that the trial court erred when it concluded that he had not exhausted his administrative remedies. We have determined that the evidence regarding the prisoner's exhaustion of his administrative remedies does not preponderate against the trial court's conclusion. Accordingly, we affirm the dismissal of the suit.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 04/26/01 | |
| Billy Crowe, et al vs. Maury County, et al
M1999-02377-COA-R3-CV
This appeal arises from the purchase of part of the Appellees' property by the Appellant. The Appellees filed a complaint against the Appellant in the Circuit Court of Maury County, alleging trespass, material misrepresentation of fact or mutual mistake of fact, inverse condemnation, and unauthorized use of property. The Appellant filed a motion to dismiss. The trial court granted the motion on all counts but the inverse condemnation claim. Following a jury trial on the inverse condemnation claim, the jury found in favor of the Appellees in the amount of $12,000.00. The Appellees filed a motion for attorney's fees with the trial court, seeking $29,116.29. The trial court awarded the full amount of attorney's fees requested. The Appellant appeals the award of attorney's fees by the Circuit Court of Maury County. For the reasons stated herein, we remand this case for further findings of fact.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert L. Holloway |
Maury County | Court of Appeals | 04/26/01 | |
| Eric Young v. Dept. of Corrections
M2002-01086-COA-R3-CV
A prison inmate was convicted of a disciplinary offense, and sentenced to punitive segregation. He filed a Petition for Writ of Certiorari, claiming there were serious procedural defects in the disciplinary proceeding. The trial court dismissed his Petition as time-barred. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 04/25/01 | |
| Robert Wilson, Jr. vs. Martha Wilson
E2000-01181-COA-R3-CV
In this post-divorce case, the trial court (1) denied the father's request to relocate to Georgia with the parties' minor child; (2) imposed sanctions for the father's perjury; and (3) changed the joint custody decreed at the time of the divorce to sole custody in the mother. On this appeal, the father argues (1) that the trial court erred in reversing its initial post-divorce decision pursuant to which the father had been permitted to relocate to Georgia; (2) that the trial court lacked subject matter jurisdiction under the Uniform Child Custody Jurisdiction Act to make a custody determination; (3) that the trial court should have declined to exercise jurisdiction on the ground of inconvenient forum; (4) that the trial court erred in basing its change of custody upon the father's admittedly false testimony; (5) that the trial court's reversal of its prior decision to permit the father to relocate is barred by the doctrine of laches; (6) that the trial court erred in finding that father's contemptuous behavior was a proper basis for denying him an award of child support; and (7) that the trial court abused its discretion when it imposed sanctions for criminal contempt without providing the necessary procedural safeguards. We find that the trial court erred in dismissing Father's petition for child support. In all other respects, we affirm the judgment of the trial court.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:William R. Brewer |
Blount County | Court of Appeals | 04/24/01 | |
| Lydia Brewster vs. Dan Brewster
M2000-01174-COA-R3-CV
This appeal involves the trial court's denial of the father's visitation after entry of a final decree of divorce granting the parents joint custody of the two minor children. The father filed a motion to alter and amend the final decree of divorce and for visitation. The mother opposed visitation by the father because of alleged sexual abuse of their daughter. The trial court denied father visitation. The father has appealed. We amend the final decree, affirm the denial of visitation, and remand the case for further proceedings.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Leonard W. Martin |
Stewart County | Court of Appeals | 04/23/01 | |
| Amy Blankenship vs. Carl Blankenship
M2000-01483-COA-R3-CV
Husband appeals a final decree of divorce terminating a marriage of ten years, presenting issues regarding the trial court's finding of contempt, confiscation of his guns, alimony, division of marital assets and debts, and attorneys fees. We vacate in part, modify in part, and affirm as modified.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 04/23/01 | |
| C.R. Batts Const. v. 101 Construction Co., et al.
M2004-00322-COA-R3-CV
This appeal arises out of a breach of contract action filed by the plaintiff against the defendants. After a hearing, the trial court entered a judgment in favor of the plaintiff, awarding the plaintiff $24,260.11. Additionally, the trial court awarded the plaintiff pre-judgment interest in the amount of $5,579.82. The defendants have appealed to this Court. We affirm the judgment of the trial court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:J. S. Daniel |
Rutherford County | Court of Appeals | 04/23/01 | |
| Nina Noel vs. Harold Noel
W1999-02343-COA-R3-CV
This is a divorce case. The trial court granted the husband the divorce but ordered him to pay, inter alia, $8000 in child support arrearage, half of the wages owed to the former employees of the wife's new business, and court costs. The husband appealed. We reverse the trial court's holding that the husband should pay half of the wages of the wife's new business, since this is the wife's separate debt incurred after the parties separated, and affirm the remainder of the trial court's order.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 04/23/01 | |
| Billy Walker vs. State
W2000-03079-COA-R3-CV
This is a medical malpractice action before the Tennessee Claims Commission. The Commission found that the evidence presented by the plaintiff was insufficient to establish that the defendant's employees failed to meet the required standard of care. The plaintiff appealed the decision of the Claims Commission, asserting that the Commission improperly reviewed medical sources not presented at trial. We affirm, finding that the Commission did not base its decision on information outside the record and that any such review was harmless error.
Authoring Judge: Judge Holly M. Kirby
|
Court of Appeals | 04/20/01 | ||
| Pyamid Computers vs. Ben Gasparro
W1999-01784-COA-R3-CV
This case involves a business relationship between Pyramid Computers, Inc., and Ben Gasparro. Mr. Gasparro purchased computer equipment and related services from Pyramid for use in his businesses. Mr. Gasparro also sold Pyramid computers to his clients. Pyramid sued and alleged that Mr. Gasparro owed it $14,446.32. The trial court entered judgment for Pyramid in the amount of $11,989.32. Pyramid appeals, alleging that the trial court erred in reducing the amount it sought and that the trial court erred in denying prejudgment interest
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Roger A. Page |
Henderson County | Court of Appeals | 04/20/01 | |
| Custom Built Homes, v. G.S. Hinsen Company, Inc.
01A01-9511-CV-00513
This appeal arises out of a dispute over the workmanship of residential renovations. The interior designer hired by the owner to undertake the renovations withheld final payment to the contractor who performed the work because the owner was dissatisfied with the renovations. After the contractor obtained a judgment against the interior designer in the Williamson County General Sessions Court, the interior designer perfected an appeal to the Circuit Court for Williamson County and filed a counterclaim against the contractor. Following a bench trial, the trial court dismissed the interior designer’s claims against the contractor and entered a judgment against the interior designer for the remaining balance of the construction contract. The interior designer has appealed. While the trial court erroneously concluded that the Contractor’s Licensing Act of 1976 prevented the interior designer from pursuing its claims against the contractor, we have concluded that the trial court reached the proper result. Accordingly, we affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Henry Denmark Bell |
Williamson County | Court of Appeals | 04/18/01 | |
| R.G. Burnett vs. James Swafford & Rhonda Swafford
M1999-01648-COA-R3-CV
This appeal arises from an oral contract between a landlord and tenant. The plaintiff operated a grocery and leased a grocery store to the defendant for a period of ten years, pursuant to a written lease. The parties had a separate oral agreement in which the defendant agreed to buy the plaintiff's business. When the defendant vacated the property at the end of the lease, the parties disagreed as to whether the oral agreement included a purchase of the store equipment. The trial court found that the plaintiff had converted certain items belonging to the defendant, and entered a judgment in favor of the defendant for $5,000. We find that the trial court's decision is based on its determinations of credibility, and affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Billy Joe White |
Fentress County | Court of Appeals | 04/17/01 | |
| Randall Jordan vs. CSX Transportation, Inc.
M1999-01415-COA-R3-CV
This is a suit by an employee against his employer, a railroad operator, under the Federal Employers' Liability Act. The employee alleged that he suffered injuries caused by chemical solvents used by the employer. Prior to trial, the employer made an offer of judgment under Rule 68 of the Tennessee Rules of Civil Procedure. This offer was refused. After the trial, the jury found that the employee failed to prove that his injuries were caused by the chemical solvents. The employer moved for an award of costs not included in the court clerk's bill of costs, under Rules 68 and 54.04 of the Tennessee Rules of Civil Procedure. The employee moved for a new trial. The trial court denied both parties' motions, and both parties appealed. We affirm the trial court's denial of both parties' motions.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 04/17/01 | |
| Connie Harris and Danny Harris vs. Marriott, Inc., & Fibercare, Inc.
M1999-00096-COA-R3-CV
This is a slip and fall case. The plaintiff filed her complaint barely within one year of the injury, but did not cause process to issue until six months later. Both defendants moved to dismiss plaintiff's case as time-barred under the one-year statute of limitations. The trial court granted the motions. We reverse and remand, finding that under Rule 3 of the Tennessee Rules of Civil Procedure, the plaintiff can rely on the filing of her complaint to toll the statute of limitations so long as the plaintiff causes process to issue within one year of the filing of the complaint.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 04/17/01 | |
| Nicole Lei Rowe vs. Fred C. Rowe
M2000-01446-COA-R3-CV
In this divorce case, Wife appeals the final decree as to the trial court's determination that there was a $21,000.00 debt due Husband's parents and accordingly charged Wife with one-half of the debt in the division of marital property. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Royce Taylor |
Rutherford County | Court of Appeals | 04/12/01 | |
| Michael Holmes vs. Jennifer L. Wilson, et al
M1999-01087-COA-R3-CV
This is an appeal from an order granting summary judgment to Jennifer Wilson and Car City, Inc. The case arises from an automobile collision between a vehicle driven by Mr. Holmes and a vehicle driven by Ms. Wilson while in the course and scope of her employment with Car City. The vehicle Ms. Wilson was driving had been purchased by Car City from Cumberland City Dodge on the day of the accident. The accident was caused by a mechanical failure, causing Ms. Wilson to lose control. The trial court found that the defendants had made a reasonable inspection of the vehicle prior to the accident and granted summary judgment. Mr. Holmes appeals the standard of care applied by the trial court and the sufficiency of the evidence that a reasonable inspection was performed. Because the defendants owed only the duty to make a reasonable inspection of the vehicle, and the undisputed evidence establishes that a reasonable inspection was made, we affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:John D. Wootten, Jr. |
Wilson County | Court of Appeals | 04/12/01 | |
| Martin E. Walker v. Howard Carlton,
E2001-00171-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas J. Seeley, Jr. |
Johnson County | Court of Appeals | 04/12/01 | |
| M1997-00241-COA-R3-CV
M1997-00241-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 04/12/01 | |
| Charles Montague vs. Michael Kellum
E2000-02732-COA-R3-CV
In this legal malpractice action, the Trial Court granted summary judgment to the Defendant, Michael D. Kellum ("Defendant"). Defendant submitted a Rule 56.03 statement and the affidavit of an expert witness in support of his motion. Charles Montague ("Plaintiff"), did not file either a Rule 56.03 response or a contravening affidavit. Prior to deciding Defendant's motion, the Trial Court stayed Plaintiff's discovery until it decided Defendant's motion. Plaintiff, who is incarcerated, had previously served discovery requests upon Defendant which had not been answered. Plaintiff appeals. We vacate the judgment of the Trial Court.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 04/12/01 |