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| State, ex rel vs. Xantus
M2000-00120-COA-R10-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 05/17/00 | |
| Linda Gage vs. Riley Gage
W1999-01513-COA-R3-CV
This is a divorce case. The wife filed for divorce approximately fourteen months after she moved out of the marital home. The husband filed an answer and counter-complaint for divorce. The trial court granted the divorce to the wife and awarded her half of the value of the husband's pension and alimony in futuro. Husband appeals. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George R. Ellis |
Crockett County | Court of Appeals | 05/16/00 | |
| Purchased Parts vs. Royal Appl. Co.
W1999-01550-COA-R3-CV
This appeal involves a dispute over jurisdiction. The court below dismissed the case for lack of personal jurisdiction over the defendant, Royal Manufacturing Corporation. Appellant Purchased Parts Group, Inc. appeals from the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 05/16/00 | |
| Rebecca Cole-Turner vs. Christian Psy.
W1999-00707-COA-R3-CV
This appeal involves a dispute over money Plaintiffs paid into a reserve fund while they were employed by Defendant Christian Psychological Center. Plaintiffs believed that the money they contributed to the fund would later be refunded. However, when Plaintiffs resigned from the Center and requested that the money be returned, the Center refused to return the money. The Chancery Court held that Plaintiffs might be entitled to a refund of a portion of monies that they had paid into the reserve fund if the funds were not used by Defendant for ordinary and necessary operating expenses. The Chancery Court then referred the case to a Special Master for a determination of how the funds were spent by the Center. The Special Master held that the Plaintiffs were not entitled to a refund, as the Defendant Center used the reserve funds for ordinary and necessary operating expenses. For the reasons stated hereafter, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 05/16/00 | |
| Billy Childress vs. Natasha Currie
W1999-00471-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Appeals | 05/15/00 | |
| Roger Kaufman vs. State
W1999-02449-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 05/15/00 | |
| Cassandra Myles vs. Peter Myles
W1999-00495-COA-R3-CV
This is a divorce case. The husband failed to appear for the rescheduled hearing on the wife's motion for default judgment. The trial court granted default judgment and, at a subsequent final divorce hearing from which the husband was also absent, granted the wife a divorce and awarded her alimony in solido. The husband then filed motions to set aside the default judgment and for a new trial, asserting that he had not received notice of either the rescheduled hearing on default judgment or the final divorce hearing. The trial court denied both motions. The husband appeals. We affirm, finding that the husband's neglect was not excusable.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 05/15/00 | |
| Roller vs. Roller
M1999-00103-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Robert P. Hamilton |
Wilson County | Court of Appeals | 05/12/00 | |
| Mario Haywood vs. Dept. of Corrections, et al
M1999-02282-COA-R3-CV
The plaintiff prison inmate filed pro se petition for declaratory judgment and/or a writ of certiorari seeking review of prison disciplinary board's finding of guilt and the punishment relating to a prison incident. The trial court dismissed the petition for lack of jurisdiction, finding that declaratory judgment was not available for a review of prison disciplinary proceedings and that the petition for a writ of certiorari was untimely filed. The trial court also denied the plaintiff's subsequent petition to rehear. The plaintiff appeals from the dismissal of his original petition and the denial of his petition to rehear. We affirm
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 05/12/00 | |
| Goolsby vs. Upper Cumberland Oil, Inc.
M1998-00986-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Bobby H. Capers |
Jackson County | Court of Appeals | 05/12/00 | |
| Horton vs. Parole Eligibility Review Bd.
M1999-02617-COA-R3-CV
An inmate in custody of the Department of Correction filed a petition for a common law Writ of Certiorari alleging that the Board of Paroles acted arbitrarily and illegally in denying him parole. The trial court entered a motion to dismiss for failure to state a claim upon which relief can be granted. This appeal followed and we affirm the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 05/12/00 | |
| In re: S.B., et al
M1999-00140-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Robert E. Burch |
Humphreys County | Court of Appeals | 05/12/00 | |
| Stacy's Carpet Steam Cleaning Co. vs. David McNeely, et al
E1999-01880-COA-R3-CV
Stacy's Carpet Steam Cleaning Company d/b/a Bent Nail Construction, the Plaintiff, appeals a judgment from the Carter County Chancery Court. The Plaintiff's issues are whether the Trial Court erred in calculating the damages, erred in failing to award prejudgment interest, and erred in failing to enforce a mechanic's lien. The Defendants raise an issue insisting the parties reached an accord and satisfaction or a new contract. We affirm the judgment of the Trial Court pursuant to Rule 10 of this Court as to the Plaintiff's issues one and two and as to the Defendants' issue and modify its judgment as to the Plaintiff's issue three regarding enforcement of its lien.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Jean A. Stanley |
Carter County | Court of Appeals | 05/12/00 | |
| Crowe vs. Crowe
M1999-01889-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Clara W. Byrd |
Smith County | Court of Appeals | 05/12/00 | |
| Roxie Crowell vs. City of Memphis
W1999-02747-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 05/12/00 | |
| John Layton vs. Penny Layton
W1999-02274-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 05/12/00 | |
| Mirage Casino vs. J. Roger Pearsall
W1999-01543-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 05/11/00 | |
| Sarah Wilkerson vs. Robert Wilkerson
W1999-01684-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:James E. Swearengen |
Shelby County | Court of Appeals | 05/11/00 | |
| Crestin Burke, et vs. James Monty Burke, et al
E1999-02481-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Billy Joe White |
Scott County | Court of Appeals | 05/10/00 | |
| Mack Brown vs. Dwight W. Ogle, et al
E1999-02513-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:W. Dale Young |
Sevier County | Court of Appeals | 05/10/00 | |
| Harold Russom vs. Philip McClore
W1999-02215-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 05/10/00 | |
| City of Brentwood v.Metro Zoning Appeals
M2002-00514-COA-R3-CV
This appeal involves the efforts of the City of Brentwood to stop the construction of a billboard located in Davidson County. After Nashville's zoning administrator granted a building permit for the billboard, the City of Brentwood appealed to the Metropolitan Board of Zoning Appeals. When the Board affirmed the building permit, the City of Brentwood and four neighboring property owners filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County seeking judicial review of the Board's decision. The trial court granted the motions to dismiss filed by the Board and the owner of the billboard on the ground that the City of Brentwood and the individual property owners lacked standing. We have determined that the trial court erred by determining that the City of Brentwood and its public officials lacked standing to seek judicial review of the Board's decision.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 05/10/00 | |
| Lamar C. Pell, v. The City of Chattanooga, et al.
E1999-01712-COA-R3-CV
Plaintiff’s residential property in Hamilton County was sold for delinquent property taxes after default judgment was entered against Plaintiff, the property owner. Plaintiff brought suit against the subsequent tax sale purchaser, and others, to set aside the default judgment and sale, asserting process had not been served properly on him in the delinquent tax suit. The Trial Court found that certified mail return receipts signed by Plaintiff’s wife were sufficient proof of service under T.R.C.P. 4.04(10) and T.C.A. § 67-5-2415(e)(1), and granted summary judgment to the tax sale purchaser of the property and the other Defendants. Plaintiff argues on appeal that he was not served properly with process, first arguing that he was not served at all and then arguing that the statutory service procedure relied upon by the Trial Court violates due process. The judgment of the Trial Court is affirmed.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Chancellor Howell N. Peoples |
Hamilton County | Court of Appeals | 05/09/00 | |
| Ellen Patty Seiber v. Town of Oliver Springs
E1999-01228-COA-R3-CV
The plaintiff, a mid-level executive of the Town of Oliver Springs, “borrowed” various sums of money from a citizen of the Town over a three-year period which she repaid with sexual favors. When this activity came to light she was fired by the Mayor and City Administrator. Her suit, claiming breach of contract and discriminatory employment practices, was dismissed on motion for summary judgment. This appeal resulted. We affirm the judgment of the Trial Court. Tenn. R. App. P. 3 Appeal as of right; Judgment of the Circuit Court Affirmed
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Russell E. Simmons, Jr. |
Roane County | Court of Appeals | 05/08/00 | |
| Ellen Patty Seiber v. Town of Oliver Springs - Concurring
E1999-01228-COA-R3-CV
Judge Franks.
Authoring Judge: Judge Hershel Pickens Franks
Originating Judge:Judge Russell E. Simmons, Jr. |
Roane County | Court of Appeals | 05/08/00 |