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| Abbott vs. Gateway
M1999-00653-COA-R3-CV
The General Sessions Court of Davidson County awarded a judgment against the defendant below, Nationwide Insurance Company, in a case involving a car accident. Nationwide filed an appeal to the Davidson County Circuit court but failed to secure a trial date within 45 days as required by Davidson County Local Rule of Practice 20(b) (1999). The circuit court dismissed the case due to Nationwide's failure, and Nationwide filed a Tennessee Rule of Civil Procedure 60.02 motion to set aside the circuit court dismissal due to its attorney's excusable neglect. When the circuit court denied Rule 60.02 relief Nationwide appealed to this court. On appeal, we reverse the decision of the circuit court finding that it should have granted Nationwide's request for Rule 60.02 relief and set aside the dismissal of Nationwide's circuit court appeal.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 07/28/00 | |
| Mona Koja vs. Abed Koja
W1999-00993-COA-R3-CV
Wife was granted a divorce and received a division of marital property and alimony in futuro. The trial court denied Wife attorney fees and expenses. Wife has appeal. The trial court's order denying an award of attorney fees and expenses is reversed. The case is remanded for entry of an order awarding one-half of the attorney fees and expenses.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 07/28/00 | |
| TN Farmers vs. Roger Hostetler, et al
W1999-00368-COA-R3-CV
This appeal arises from a declaratory judgment action filed in the Lauderdale County Circuit Court by Tennessee Farmers Mutual Insurance Company. The complaint sought a declaration that Tennessee Farmers was not obligated to defend or indemnify its insureds against a wrongful death lawsuit filed by James Drake, executor of the estate of Mattie Lee Drake. After both sides filed motions for summary judgment, the trial court ruled that coverage did not exist under the Personal Liability Insurance Policy and entered summary judgment in favor of Tennessee Farmers Mutual Insurance Company.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Appeals | 07/28/00 | |
| Witt vs. Witt
M1999-02234-COA-R3-CV
This is an appeal of the trial court's division of marital property in a divorce proceeding. Finding no error in the trial court's judgment, we affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 07/28/00 | |
| Boles vs. TN Farmers Mutual Ins. Co.
M1999-00727-COA-R3-CV
In this action for breach of insurance contract, Plaintiffs Dorothy Calatrello Boles and her husband, Marty Boles, appeal the trial court's final judgment dismissing their complaint against Defendants/Appellees Tennessee Farmers Mutual Insurance Company and Lee Brooks, individually and as agent for Tennessee Farmers. Contrary to the trial court's ruling, we conclude that the Plaintiffs adequately complied with the service of process requirements set forth in rule 4.04 of the Tennessee Rules of Civil Procedure. Accordingly, we reverse the trial court's judgment of dismissal, and we remand this cause for further proceedings consistent with this opinion.
Authoring Judge: Judge David R. Farmer
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 07/27/00 | |
| Johnson vs. Sumner Regional Health Systems
M2000-00248-COA-R3-CV
James Johnson, as the next of kin and natural son of Belvia Johnson, appeals the trial court's final judgment dismissing his medical malpractice action against Appellee Sumner Regional Health Systems, Inc., d/b/a Sumner Regional Medical Center. Belvia Johnson (Decedent) sustained injuries when she fell off a gurney while being treated in the Medical Center's emergency room. After the Decedent's death several months later, James Johnson filed a medical malpractice complaint against the Medical Center in which he sought to recover for the "serious and permanent injuries, pain and suffering, medical expenses, and death" of the Decedent caused by her fall in the emergency room. The trial court entered summary judgment in favor of the Medical Center and dismissed Johnson's medical malpractice complaint based upon Johnson's concession that the record contained no evidence to support his claim that the Decedent's death was caused by the Medical Center's negligence. Our review of the record on appeal reveals that, although Johnson conceded that he lacked proof to support his wrongful death claim, Johnson did have proof to support his medical malpractice claim against the Medical Center. Specifically, the record contains evidence that, as a proximate result of the Medical Center's negligence, the Decedent suffered injuries that otherwise would not have occurred. Accordingly, we reverse the trial court's judgment of dismissal, and we remand this cause for further proceedings consistent with this opinion.
Authoring Judge: Judge David R. Farmer
Originating Judge:Arthur E. Mcclellan |
Sumner County | Court of Appeals | 07/27/00 | |
| Alfred Dowdy v. Willie Joe Alexander,
W1999-00222-COA-R10-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 07/27/00 | |
| Green vs. Johnson
M1999-00808-COA-R3-CV
James R. Green appeals the trial court's final judgment dismissing his petition to establish the parentage of A.G.J., the minor daughter of Appellee Jennifer Leigh Johnson. Green previously filed a petition to establish parentage in April 1997, but this petition was dismissed with prejudice based on Green's failure to prosecute the action. In June 1999, Green filed the present petition in which he sought relief identical to that sought in the earlier petition. We agree with the trial court's ruling that Green's present petition is barred by principles of res judicata, and we affirm the trial court's judgment of dismissal.
Authoring Judge: Judge David R. Farmer
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 07/27/00 | |
| Timothy P. Hancock, et al vs. The Chattanooga- Hamilton Cty Hospital Authority , d/b/a T.C. Thompson Children's Hospital, et al
E1999-00169-COA-R9-CV
The issues in this medical malpractice case turn on whether the holding of the Supreme Court in the case of Jordan vs. Baptist Three Rivers Hospital, 984 S.W.2d 593 (Tenn. 1999) applies to the facts now before us. Because the cause of action in the instant case accrued prior to the release of the Supreme Court's opinion in Jordan, we conclude that the holding in that case cannot be retrospectively applied to the instant case. Accordingly, we affirm the trial court's judgment dismissing that portion of the amended complaint seeking loss of consortium damages.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 07/27/00 | |
| The Shelby Ins. Co. and The Anthem Cas.Ins. Group vs. Henry Mathes , Joann Mathes and Jerry Stewart
E2000-00186-COA-R3-CV
In this declaratory judgment action the insurance company sought a declaration that an incident giving rise to a suit by Stewart against the insurance company's insured Mathes, was not covered due to an exclusion in the policy. The Trial Judge ruled the exclusion did not apply, and the insurance company appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jean A. Stanley |
Washington County | Court of Appeals | 07/27/00 | |
| Phillips vs. Phillips
M1999-00212-COA-R3-CV
This appeal arises from a dispute between Plaintiff Melanie Dianne (Davis) Phillips ("Wife") and Defendant Thomas Hickman Phillips ("Husband") regarding the terms of their divorce. The trial court (1) granted a divorce to Wife, (2) divided the parties' marital property, (3) awarded rehabilitative alimony to Wife, (4) awarded attorney's fees to Wife, and (5) denied a motion for costs filed by Husband. For the reasons set forth below, we modify the court's division of the parties' marital property. In all other respects, however, we affirm the ruling of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 07/27/00 | |
| Blake Industries, Inc. vs. General Agents Ins. Co. of America
M1999-01891-COA-R3-CV
In this declaratory judgment action, the appellant has appealed to the Court from the order of dismissal entered in the trial court. Specifically, the trial court found that the insurance contract between the plaintiff/appellant and the defendant/appellee, a commercial insurance company, excluded from coverage liability for damage sustained as a result of the plaintiff/appellant's workmanship. For the reasons stated herein, we affirm the trial court's order.
Authoring Judge: Judge David R. Farmer
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/27/00 | |
| Roane County, TN vs. Christmas Lumber Co.
E1999-00370-COA-R9-CV
This is a condemnation case. The trial court entered an order finding that Roane County ("the County") has the right to condemn the respondents' property for use as an industrial park. We granted the respondents' application for an interlocutory appeal to review the trial court's determination that the County has the right to condemn the subject property. Finding that the County's petition is legally deficient, we vacate the trial court's order and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Russell E. Simmons, Jr. |
Roane County | Court of Appeals | 07/27/00 | |
| Hunt vs. Hunt
M1997-00221-COA-R3-CV
This appeal involves the financial aspects of a divorce that ended a seventeen-year marriage. Both parties sought a divorce, and following a bench trial, the Chancery Court for Sumner County granted the wife a divorce based on the husband's inappropriate marital conduct. The trial court awarded the wife most of the marital estate, apart from the parties' pensions. The court also directed the husband to pay most of the marital debt and a portion of the wife's legal expenses. While the trial court did not require the husband to pay long-term alimony, it required him to pay $4,200 in alimony in solido. The wife asserts on this appeal that the trial court should have awarded her a greater portion of the marital estate and permanent spousal support. We have determined that the trial court's distribution of the marital estate is essentially equitable. However, in light of the length of the marriage and the disparity in income, we have determined that, in addition to the alimony in solido, the husband should pay the wife $120 per month beginning after his last alimony in solido payment through January 2007.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Thomas E. Gray |
Sumner County | Court of Appeals | 07/27/00 | |
| Saddler vs. Saddler
M1999-01258-COA-R3-CV
This appeal arises from a dispute between Plaintiff Dwight Saddler and Defendants Leonard and Paula Saddler regarding the ownership of a piece of real property in the estate of Edwina Groom Saddler known as the Hancock Farm. The trial court awarded this property to Dwight Saddler, finding that he is the owner of the property as the beneficiary of a resulting trust. Because we agree that Dwight Saddler has proven with the required degree of certainty that the Hancock Farm is the subject of a resulting trust in his favor, we affirm the ruling of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert P. Hamilton |
Wilson County | Court of Appeals | 07/27/00 | |
| Reagan vs. Troy Malone, Sandra Malone and Dan Connelly
E1999-01846-COA-R3-CV
On a Rule 60, T.R.C.P. motion of plaintiff, the Chancellor combined judgments and added interest as one judgment. On appeal, the combined judgment was vacated.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 07/25/00 | |
| Robert L. Taylor v. Michelle Bowers Taylor
E1999-01774-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:G. Richard Johnson |
Unicoi County | Court of Appeals | 07/25/00 | |
| Investments, Inc. vs. Hackney Petroleum, Inc.
E1999-02665-COA-R3-CV
In a dispute over the meaning of a notice of termination provision in the Lease, the Trial Judge ruled the notice given did not comply with the Lease and awarded damages for breach. We reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jacqueline E. Schulten |
Hamilton County | Court of Appeals | 07/24/00 | |
| Willard Hawk, Jr., et al vs. Chattanooga Orthopaedic Group, P.,C., et al
E1999-00687-COA-R9-CV
This is a medical malpractice case. We granted the plaintiffs' Tenn. R. App. P. 9 application for an interlocutory appeal in order to review an order of the trial court dismissing the amendments to the plaintiffs' original complaint and granting the defendants' motion in limine pertaining to evidence of a disabling hand condition of the defendant surgeon, Dr. David M. O'Neal. We reverse.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 07/24/00 | |
| Knoxville's Community Development Corp. vs. Woodfam Investments, L. P.,
E1999-02317-COA-R3-CV
Plaintiff sued to reform or void release of deed restrictions on property owned by defendant. The Trial Court ruled plaintiff failed to establish a basis for relief by clear and convincing evidence. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 07/24/00 | |
| Vowell Ventures vs. City of Martin
W1999-01445-COA-R3-CV
Vowell Ventures, a partnership, sued the City of Martin alleging that the City denied Vowell Ventures' application for a building permit due to the fact that there was a sewer line and storm drain crossing the property. The complaint alleged that the denial of the application for the building permit constituted a taking of property without just compensation and sought judgment against the City for the taking. The trial court granted the City of Martin's Motion To Dismiss Or For Summary Judgment and we affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:William B. Acree |
Weakley County | Court of Appeals | 07/21/00 | |
| Dempsey vs. Dempsey
M1998-00972-COA-R3-CV
This appeal involves the award of alimony and the division of one particular piece of marital property at the dissolution of a nineteen year marriage. Mr. Dempsey appeals the award of alimony in futuro rather than rehabilitative alimony, the amount of alimony as beyond his ability to pay, and the award of a tax refund for the year of the divorce to Ms. Dempsey. We modify the award of alimony in futuro to an award of rehabilitative alimony and affirm the distribution of marital property.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Appeals | 07/21/00 | |
| Metropolitan Development & Housing Agency vs. Trinity Marine Nashville, Inc .
M1999-02162-COA-R3-CV
In this eminent domain condemnation proceeding, the Trial Court granted partial summary judgment to the condemnor on the amount of relocation expenses to be awarded the property owner as incidental damages based upon deposition testimony of an officer of the property owner. The property owner argues on appeal that summary judgment is improper in condemnation proceedings, and that the Trial Court erred in excluding from incidental damages amounts for a "burden rate" the property owner added to its actual hourly labor costs incurred in relocating from the condemned property. As the issue is a question of law and there are no questions of disputed material fact, summary judgment is appropriate. As the "burden rate" claimed by the property owner is not recoverable under the applicable statute, the judgment of the Trial Court is affirmed.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 07/21/00 | |
| In re: K.A.H.
M1999-02079-COA-R3-CV
This case involves the termination of parental rights regarding a child who was removed from the mother's home by the Department of Children's Services in 1996 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 years between the removal from the home and the filing by DCS of the petition to terminate parental rights, the mother made some efforts to improve her situation, but her substance abuse continued. The trial court terminated the mother's parental rights on grounds (1) that the conditions that led to the child's removal continued to persist with little likelihood of remedy and (2) that the mother failed to comply with the Statement of Responsibilities as provided in the Plan of Care. Because DCS has established grounds for termination and has established that termination is in the best interest of the child, we affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Wayne C. Shelton |
Montgomery County | Court of Appeals | 07/21/00 | |
| R. David Ashley and E. Diana Ashley vs. Thomas A. Snapp
E1999-00908-COA-R3-CV
This appeal arises from a grant of summary judgment in the Knox County Circuit Court. On appeal, R. David Ashley and E. Diana Ashley, the Appellants, argue that there are genuine issues of material fact with respect to their suit for malicious prosecution and abuse of process against Thomas A. Snapp and Robin Gratigny, the Appellees, and thus, the Trial Court erred in granting summary judgment. We vacate the Circuit Court's grant of summary judgment on the issue of malicious prosecution and remand to the Trial Court on that issue, and we affirm the Trial Court's grant of summary judgment on the issue of abuse of process.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 07/21/00 |