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| Zettersten vs. Zettersten
M1999-01186-COA-R3-CV
This appeal arises from an action for divorce and division of marital assets. The court below granted Linda Jean Zettersten ("Wife") a divorce on grounds of Rolf Birger Zettersten's ("Husband's") stipulation of inappropriate marital conduct; awarded Wife alimony in futuro and rehabilitative alimony and child support for the parties' minor child; awarded Wife $11,923.50 in attorney's fees, discretionary costs and court costs. Wife appeals.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Donald P. Harris |
Williamson County | Court of Appeals | 08/31/00 | |
| Spurlock vs. Jackson Co.
M1999-01407-COA-R3-CV
The appellants were hurt in a collision with a subject allegedly being pursued by county officers in a high speed chase. They sued the county, and the Circuit Court of Jackson County granted the county summary judgment. We affirm the judgment of the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:John D. Wootten, Jr. |
Jackson County | Court of Appeals | 08/31/00 | |
| Streeter vs. TDOC
M1999-02267-COA-R3-CV
A prison inmate claimed that he was entitled to be released, because he had earned the required sentence reduction credits. The Department of Correction disagreed. The trial court granted summary judgment to the Department on the basis of laches. We affirm the trial court's judgment, but upon a different basis.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 08/31/00 | |
| Kibby vs. Kibby
M1999-00906-COA-R3-CV
This appeal presents a dispute of custody, visitation, and attorney fees. The parties are parents of one child, Ian Kibby, who is the subject of this dispute. The father was awarded primary custody when the parties divorced in May of 1996. The mother filed a Petition for Contempt and Modification seeking primary residential placement of Ian and later requested that the court refer this matter to mediation. The father filed a counter-petition requesting a change in the mother's visitation privileges and attorney's fees. The trial court dismissed the mother's petition but granted the father's petition reducing the mother's visitation rights. The court also refused to refer this matter to mediation and did not award attorney fees to the father. The mother now appeals the court's dismissal of her petition, failure to refer the matter to mediation, and change in visitation; the father also appeals the failure of the trial court to award attorney fees to him. We agree with the trial court on all issues and affirm its ruling. We also award attorney's fees necessitated by this appeal to the father and remand to the trial court for a determination of this amount.
Authoring Judge: Judge William B. Cain
Originating Judge:Buddy D. Perry |
Sequatchie County | Court of Appeals | 08/31/00 | |
| Mertis Johnson vs. Willie Steverson
W1999-00627-COA-R3-CV
This appeal arises from a dispute between Plaintiff Mertis Johnson and Defendant Willie A. Steverson regarding an automobile accident involving Ms. Johnson and Virden Steverson, Mr. Steverson's son. Ms. Johnson filed a complaint against Mr. Steverson alleging that the negligence of Virden was the cause of this accident and seeking damages for her personal injuries. At the conclusion of a jury trial on the matter, Mr. Steverson made a motion for a directed verdict, which was denied by the trial court. The jury subsequently returned a verdict in favor of Ms. Johnson and awarded her damages in the amount of $14,000.00. Mr. Steverson filed a motion for a judgment notwithstanding the verdict or, in the alternative, for a new trial, which was also denied by the trial court. For the reasons set forth below, we affirm the ruling of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 08/30/00 | |
| Alfred Tompkins vs. Annie's Nannies
W1999-00372-COA-R3-CV
Plaintiffs' nine year old child, Alexandria, while under the direction of her day care center, broke both kneecaps while participating in a downhill race. Plaintiffs sued the day care center on a negligence theory, arguing that the day care center breached their duty of care. The trial court directed a verdict for the day care center, finding that the injuries sustained by the nine year old were not foreseeable, and, thus, no duty of care arose. Additionally, at trial, plaintiffs' counsel made an offer of proof whereby testimony was introduced that two girls fell and bumped heads in a race immediately preceding Alexandria's. The trial court excluded this testimony from the jury. Plaintiffs allege error. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 08/30/00 | |
| Clemmye Berger vs. Brenda O'Brien vs. Sylvia Berger
W1999-00861-COA-R3-CV
This case involves the settlement of an estate. After the estate was settled, the trial court assessed a portion of the fees and expenses of the guardian ad litem and the attorney ad litem as costs against an intervening defendant and beneficiary of the estate. The intervening defendant appealed the assessment of these expenses to this Court. On appeal, we affirm the decision of the trial court, finding that the trial court was within its discretion to assess a portion of the fees and expenses of the guardian ad litem and attorney ad litem against the intervening defendant as discretionary costs.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 08/30/00 | |
| Jennifer Thomas vs. Stephen Thomas
W1999-00284-COA-R3-CV
In this divorce case, the trial court, among other things, made a division of marital property, awarded Wife alimony in solido, made an award of child support, and ordered payments of various debts by the parties. Both parties have appealed presenting issues concerning the court's above stated actions.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 08/30/00 | |
| Teddy Tedder/Maurice Tedder vs. Union Planters
W1999-01971-COA-R3-CV
The plaintiff worked for a temporary employment agency and was assigned to work for a bank. The plaintiff fell in the bank parking lot as she was reporting to work. She filed a negligence lawsuit against the bank for her injuries. The trial court granted the bank's motion for summary judgment on the basis that the plaintiff was a co-employee of the bank under the loaned servant doctrine; therefore, the suit was precluded under the workers' compensation statute. The plaintiff appeals. We affirm, finding that the plaintiff was a co-employee of the bank under the loaned servant doctrine.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 08/30/00 | |
| Carolyn Strange vs. Ronnie Peterson
W1999-00489-COA-R3-CV
This case arises out of the sale of a home. The Appellants claim that the Sellers fraudulently or negligently misrepresented the condition of the home. Specifically, the Appellants claim that the Sellers failed to disclose a water problem located in the crawlspace underneath the home. For the following reasons, we affirm the finding of the trial court that the Sellers are not guilty of fraudulent or negligent misrepresentation.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 08/29/00 | |
| Jerry Worrell vs. Ann Worrell
W1999-01786-COA-R3-CV
This appeal arises from a dispute over insurance proceeds between Nephews, as remaindermen of their Aunt's life estate, and their Aunt, as the life tenant of certain property. The trial court awarded the Aunt sole rights to insurance proceeds obtained after the destruction of that property to the exclusion of the Nephews. The Nephews appeal that ruling as well as the trial court's omission of certain hearsay testimony, and its failure to award them declaratory judgment. We affirm the rulings of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:L. Terry Lafferty |
Crockett County | Court of Appeals | 08/29/00 | |
| W1999-01393-COA-R3-CV
W1999-01393-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 08/29/00 | |
| Bailey vs. Bailey
W1999-01000-COA-R3-CV
This is a divorce case involving child custody. Mother and Father are divorced and have one minor child. The trial court granted custody of the minor child to Father. Mother appeals, arguing that the trial court erroneously based its decision on her lack of relationship with her father, the child's maternal grandfather. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Joe C. Morris |
Chester County | Court of Appeals | 08/29/00 | |
| Nancy Nichols vs. Howard Nichols
W1999-00566-COA-R3-CV
This is a post-divorce action on modification of child support. The parties' original divorce decree required the father to pay child support and, in addition, pay the private school tuition of one of the parties' children. Months later, the father filed a petition to eliminate his obligation to pay the tuition. The trial court referred the issue to a referee, issued an order consistent with the referee's ruling, and then later set it aside. The trial court then referred the issue to a special master for findings of fact. Adopting the findings of the special master, the trial court eliminated the father's obligation to pay the child's private school tuition. The mother appeals, arguing that there was not a significant variance justifying modification of the child support award. We reverse, finding that the basis for the trial court's modification were facts that were before the trial court at the time of the initial award, and that there are no facts in the record sufficient to support modification.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 08/29/00 | |
| Emergicare Consultants vs. Barbara Woolbright
W1998-00659-COA-R3-CV
In this action, Emergicare Consultants, Inc., seeks to pierce the corporate veil of Medic Ambulance Service, Inc. Emergicare and Medic entered into a contract whereby Emergicare was to manage Medic. The purpose of the management contract was to streamline Medic in preparation for a sale to an ambulance consolidator. Emergicare claims that once it delved into the management of Medic, it discovered several abuses of the corporate form. As a result, Emergicare now seeks to pierce the corporate veil to impose personal liability on Medic's president, Barbara Woolbright, in order to recover $64,000 due under the management contract.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 08/29/00 | |
| William Fleming vs. Leatha Fleming
W1999-01978-COA-R3-CV
This appeal involves the division of marital property and award of alimony in futuro in an action for divorce. Husband receives retirement income from the United States Army. Wife has an annuity through her employer which accrued during the parties' marriage. The circuit court awarded Wife $150 a month as alimony in futuro, but ruled that the parties should keep their retirement accounts as separate property. Husband has appealed, and both parties present issues for review.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 08/28/00 | |
| Shirley Williams vs. Donald Thrailkill
W1999-01032-COA-R3-CV
This case involves visitation rights for an aunt of the minor child. In 1992, the aunt and her husband were granted visitation rights by the Shelby County Juvenile Court. In 1997, after the child's father had moved with the child to Tipton County, the aunt and her husband filed a petition in the Tipton County Juvenile Court to hold father in contempt for failing to abide by the visitation order, to change custody, and alternatively to enforce visitation. After an evidentiary hearing, the Tipton County Juvenile Court held that the prior Shelby County Juvenile Court order granting visitation to aunt was in full force and effect and incorporated the Shelby County order and its order by reference. Father has appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:William A. Peeler |
Tipton County | Court of Appeals | 08/28/00 | |
| William Crawford vs. Gregory Dodson
W1998-00805-COA-R3-CV
This is a boundary line dispute. The defendants appeal a jury verdict finding that the boundary line was situated where the plaintiffs had maintained. The defendants assert that the trial court erred in denying their motion for judgment notwithstanding the verdict, and also appeal several other rulings by the trial court. We affirm the trial court, except to remand for modification of the trial court's award of discretionary costs to the plaintiff.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 08/28/00 | |
| Joseph Elcan vs. Linda Augustine
W1999-01621-COA-R3-CV
This appeal involves a will contest concerning the last will and testament of Frank Elcan. Contestants are, among others, the brother and half sister of the testator. The proponents of the will are Linda Augustine and Jimmy Elcan. The complaint alleges that a paper writing dated December 1, 1995, previously admitted to probate in common form is not the lawful will of the testator because he lacked testamentary capacity and because he was unduly influenced by Linda Augustine. The proponent's answer denies the material allegations of the complaint.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joseph H. Walker, III |
Tipton County | Court of Appeals | 08/28/00 | |
| Russell Graves vs. Kraft Foods
W1999-02010-COA-R3-CV
This appeal arises from an appeal made from general sessions court to chancery court. The appellee, Kraft General Foods (Kraft), appealed a general sessions judgment to chancery court. Appellants, Mr. Graves and Ms. Cross, filed motions to dismiss, while Kraft filed a motion to transfer to circuit court. The chancery court denied the motions to dismiss and granted the motion to transfer. On review, we find that the chancery court lacked any subject matter jurisdiction over the appeal. In addition, we find no statutory authority providing for chancery court to transfer such appeals. As such, Kraft did not make a timely appeal of the general sessions judgment. The circuit court's denial of the motions to dismiss is reversed.
Authoring Judge: Judge David R. Farmer
Originating Judge:L. Terry Lafferty |
Gibson County | Court of Appeals | 08/28/00 | |
| In re: Petition of John Weatherford
W1999-01014-COA-R3-CV
Darrin Sheffield appeals the trial court's judgment terminating his parental rights to his minor son, Tyler Lee Weatherford. We affirm the trial court's judgment based on our conclusion that the record contains clear and convincing evidence to support the court's findings that Mr. Sheffield abandoned Tyler and that termination of Mr. Sheffield's parental rights was in Tyler's best interest.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Ron E. Harmon |
Benton County | Court of Appeals | 08/28/00 | |
| Mickey Billinsley vs. Diane Billingsley
W1999-00338-COA-R3-CV
This case concerns a husband's efforts to terminate his obligation to pay his ex-wife $216.67 per month in alimony in futuro because of the post-divorce increase in his former wife's income. The trial court denied the husband's petition, finding that there had not been a change in circumstances sufficient to warrant the termination of the spousal support obligation. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:William Michael Maloan |
Obion County | Court of Appeals | 08/28/00 | |
| Darlene Versa v. Policy Studies, Inc.
E2000-00030-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Lawrence H. Puckett |
McMinn County | Court of Appeals | 08/25/00 | |
| Colbaugh vs. Colbaugh
M1999-00755-COA-R3-CV
This is a post-divorce visitation case. The mother and father lived with their infant child in Columbia, Tennessee. After the couple separated, the mother took the parties' child to her hometown of Bowling Green, Kentucky, over one hundred miles from Columbia. Upon the parties' divorce, the trial court awarded custody of the child to the mother and visitation to the father for twelve days each month, no greater than fourteen days apart. The trial court ordered the mother and father to meet halfway between their two residences to exchange the child for the father's visitation. The mother appealed the trial court's visitation schedule, arguing that it adversely affects the child's sense of stability, that it places overly burdensome travel requirements on the mother and the child, and that it is unworkable in this case because of the mother and father's inability to cooperate. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Stella L. Hargrove |
Maury County | Court of Appeals | 08/25/00 | |
| Shelia Rae Gibbs, et al. v. Robin Media Group, et al. v. Lineberry Properties, Inc.
M1999-00820-COA-R3-CV
This appeal arises from a slip-and-fall accident which occurred on property owned by the Defendant Lineberry Properties and leased by the Defendant Robin Media Group. The latter appeals from the jury verdict entered in the Wilson County Circuit Court. The jury assigned one hundred percent of the fault for the Plaintiff's injuries to Robin Media. After the court denied its motions for remittitur or a new trial, the present appeal arose.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Clara W. Byrd |
Wilson County | Court of Appeals | 08/25/00 |