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| Vanderbilt University vs. Pamela Henderson
M1998-00929-COA-R3-CV
This appeal involves a dispute between Vanderbilt University and one of its graduates arising out of two student loans. After the former student stopped repaying the loans, Vanderbilt University filed suit in the Davidson County General Sessions Court seeking to recover the principal and interest due, collection costs, and attorney's fees. The general sessions court awarded Vanderbilt University a $9,056.43 judgment. The former student perfected a de novo appeal to the Circuit Court for Davidson County. Following a bench trial, the trial court awarded Vanderbilt University a $5,051.56 judgment and established an installment payment plan for the judgment. The former student asserts on this appeal that Vanderbilt University was not entitled to a judgment against her because of its failure to comply with the Fair Debt Collection Practices Act and the requirements of the federal student loan program and because she has fully repaid her loans. We have concluded that the record supports the trial court's decision and, therefore, affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 04/16/99 | |
| Morgan vs. Driskill
03A01-9802-CV-00079
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Jefferson County | Court of Appeals | 04/16/99 | |
| Kennedy vs. Holder et al
01A01-9805-CV-00242
Originating Judge:Buddy D. Perry |
Franklin County | Court of Appeals | 04/16/99 | |
| Dan Wilson v. Lawrence Rubin
M1998-00959-COA-R3-CV
This appeal involves the termination of an employee by a music publishing company after one of its songwriters complained that the employee had stalked and harassed her. The employee filed suit in the Chancery Court for Davidson County alleging gender and age discrimination in violation of the Tennessee Human Rights Act. The publishing company moved for a summary judgment asserting that it had a valid non-discriminatory ground for terminating the employee. The employee responded that the proffered non-discriminatory ground was pretextual. The trial court granted the summary judgment and dismissed the employee's complaint. On this appeal, the employee asserts that genuine material factual disputes regarding the publishing company's non-discriminatory reasons for terminating him should have prevented the trial court from granting the summary judgment. We agree and, therefore, vacate the order dismissing the employee's complaint.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 04/16/99 | |
| Burns vs. Burns
03A01-9806-CH-00190
|
Bradley County | Court of Appeals | 04/16/99 | |
| Nicely vs. John Doe
03A01-9810-CV-00322
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Campbell County | Court of Appeals | 04/16/99 | |
| State vs. Paul & Galvin
03A01-9807-CV-00233
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Carter County | Court of Appeals | 04/16/99 | |
| Lee vs. Strickland
03A01-9806-CH-00195
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Monroe County | Court of Appeals | 04/16/99 | |
| Beason vs. Beason
03A01-9809-CV-00314
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Knox County | Court of Appeals | 04/16/99 | |
| Clark vs. Clark
03A01-9807-CH-00224
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Knox County | Court of Appeals | 04/16/99 | |
| Cochran vs. Lowe
03A01-9809-CV-00292
|
Court of Appeals | 04/16/99 | ||
| O3A01-9810-CV-00355
O3A01-9810-CV-00355
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Jefferson County | Court of Appeals | 04/16/99 | |
| City of Cleveland vs. Bradley County .
03A01-9804-CV-00140
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Bradley County | Court of Appeals | 04/16/99 | |
| Stuart Bowden vs. Memphis Bd. Ed.
02A01-9807-CH-00217
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 04/16/99 | |
| Coleman vs. Coleman
03A01-9810-CV-00329
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Cumberland County | Court of Appeals | 04/16/99 | |
| Bowman vs. Midstate Finance Co.
01A01-9808-CH-00424
Originating Judge:W. Charles Lee |
Bedford County | Court of Appeals | 04/16/99 | |
| B.C.I. vs. City of Memphis
02A01-9709-CH-00238
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 04/16/99 | |
| Neas vs. Kerns
03A01-9812-CH-00386
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Washington County | Court of Appeals | 04/15/99 | |
| Janice Hillyer vs. Charles Hillyer
M1998-00942-COA-R3-CV
The issues in this post-divorce case arise because the former husband's waiver of military retirement pay in order to receive disability benefits cut off the former wife's receipt of her portion of the retirement pay which had been awarded to her in the distribution of marital property. The former wife filed a contempt petition, seeking to reinstate her portion of the benefits. The trial court, relying on Gilliland v. Stanley, an unpublished opinion from this court, denied her motion for contempt. In light of our Supreme Court's holding in Johnson v. Johnson, No. W1999-01232-SC-R11-CV, 2001 WL 173502 (Tenn. Feb. 23, 2001), we reverse and remand.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 04/15/99 | |
| Janice Hillyer vs. Charles Hillyer
M1998-00942-COA-R3-CV
The issues in this post-divorce case arise because the former husband's waiver of military retirement pay in order to receive disability benefits cut off the former wife's receipt of her portion of the retirement pay which had been awarded to her in the distribution of marital property. The former wife filed a contempt petition, seeking to reinstate her portion of the benefits. The trial court, relying on Gilliland v. Stanley, an unpublished opinion from this court, denied her motion for contempt. In light of our Supreme Court's holding in Johnson v. Johnson, No. W1999-01232-SC-R11-CV, 2001 WL 173502 (Tenn. Feb. 23, 2001), we reverse and remand.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 04/15/99 | |
| Suzette Marie Elder vs. Sidney Lee Elder
M1998-00935-COA-R3-CV
This appeal involves a post-divorce custody dispute precipitated by the custodial parent's decision to accept a job in Texas. The custodial parent requested the Circuit Court for Franklin County to permit the parties' children to accompany him to Texas and to adjust the visitation arrangements accordingly. The non-custodial parent responded by requesting the trial court to change custody. Following a bench trial, the trial court declined to change the existing custody arrangement and permitted the custodial parent to move to Texas. On this appeal, the non-custodial parent takes issue with both the denial of her petition to change custody and the approval of the custodial parent's move to Texas. We have determined that the record supports both of these decisions and, therefore, affirm the trial court.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:J. Curtis Smith |
Franklin County | Court of Appeals | 04/15/99 | |
| McNair vs. Smith
03A01-9804-CH-00122
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Court of Appeals | 04/15/99 | ||
| McKinley vs. Holt
03A01-9807-PB-00220
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Court of Appeals | 04/15/99 | ||
| Street vs. Waddell
03A01-9710-CV-00488
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Washington County | Court of Appeals | 04/15/99 | |
| Julia Leach Bryan vs. James Leach
M1998-00922-COA-R3-CV
This case involves post-divorce disputes over alimony and child support and issues of contempt of court. The father commenced this appeal after the trial court declined to modify or terminate his alimony obligation and awarded the mother more than $50,000 in child support arrearages and, later, found the father in contempt of court and ordered him to pay a fine of $100 per day until all judgments were paid to the mother. On appeal, the father argues that his alimony obligation should have terminated or decreased, that a portion of his child support payments should be placed in trust for the benefit of the children, and that the trial court erred by fining him for contempt. We affirm the trial court's orders but modify the fine imposed upon the father.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Jim T. Hamilton |
Maury County | Court of Appeals | 04/15/99 |