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| Roland Schnider vs. Carlisle Corp.
W2000-01695-COA-R3-CV
This is a breach of contract case in which Plaintiff, a chef, claims he entered into an employment contract of a definite term. Plaintiff and Defendant engaged in negotiations aimed at having Plaintiff open and manage a restaurant. Defendant produced a final draft of the agreement which included salary, bonuses, and an ownership interest in the restaurant. Neither side executed the written agreement, but Plaintiff went to work for Defendant and both parties partially performed the terms of the writing. Defendant terminated Plaintiff's employment several months later, and Plaintiff filed this action for breach of contract. The trial court, sitting without a jury, found that no contract existed between the parties and Plaintiff appeals. We vacate and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 01/24/01 | |
| Sandra Allman vs. Hut's, Inc.
W2000-01829-COA-R3-CV
This appeal arises from the alleged fall of the Appellant outside the Appellee gas station and convenience store. The Appellant brought a complaint against the Appellee in the Circuit Court of Gibson County, alleging that the Appellee negligently maintained its premises which was a proximate cause of the Appellant's injuries. The Appellee filed a motion for summary judgment, alleging that the Appellant was unable to prove that the Appellee owed a duty to the Appellant or breached a duty. The trial court granted the Appellee's motion for summary judgment. The Appellant appeals the grant of summary judgment in favor of the Appellee by the Circuit Court of Gibson County. For the reasons stated herein, we reverse the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Mark Agee |
Gibson County | Court of Appeals | 01/23/01 | |
| Darrell L. Edwards, et al vs. Seleta Kaye Campbell, et al
E2000-01463-COA-R3-CV
The Trial Court granted Defendants summary judgment based on the expiration of the statutes of limitation because of Plaintiffs' failure to comply with Tenn. R. Civ. P. 3 and 4.04. Plaintiffs sued Defendants for personal injuries and property damage allegedly resulting from a 1989 motor vehicle accident. Plaintiffs first filed suit in 1990. They voluntarily dismissed that suit in 1996 and re-filed within one year. Plaintiffs obtained issuance of the first set of summons in the second suit in March 1997, and attempted service of process by mail. A third person, but neither defendant, signed the return mail receipts. Defendants raised the defense of insufficiency of service of process in their answer and moved for a stay of the proceedings which was granted. The Trial Court conditioned the removal of the stay upon Plaintiffs' payment of costs associated with their first lawsuit. Two years later, Plaintiffs paid the costs, and the Trial Court lifted the stay. Thereafter, Plaintiffs obtained issuance of new process. It is undisputed that Defendants were served in October 1999. Defendants filed a Motion for Summary Judgment arguing that the statutes of limitation had expired because Plaintiffs failed to serve Defendants in March 1997, and did not obtain issuance of new process from the Trial Court clerk until more than two and a half years later. Plaintiffs did not respond to Defendants' motion which the Trial Court granted. Plaintiffs appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Jacqueline E. Schulten |
Hamilton County | Court of Appeals | 01/23/01 | |
| State of Tennessee v. Judy Martin
W2000-01472-CCA-R3-CD
The Defendant was convicted by a jury of introducing drugs into a penal institution. She was sentenced to three years incarceration, suspended after ninety days. In this appeal as of right, the Defendant challenges the sufficiency of the evidence and her term of confinement. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge C. Creed McGinley |
Carroll County | Court of Criminal Appeals | 01/23/01 | |
| Quentin Lewis v. State of Tennessee
W1998-00793-CCA-R3-PC
This is an appeal from the denial of post-conviction relief. Appellant pled guilty to especially aggravated kidnapping and criminal attempt to commit first degree murder. Pursuant to a negotiated plea agreement, he received concurrent twenty-eight-year sentences to be served concurrently with his federal sentence, but consecutively to a thirty-year state sentence for aggravated robbery. Thereafter, appellant filed a petition for post-conviction relief alleging his trial counsel failed to provide effective representation and that, but for counsel's errors, he would not have pled guilty. The post-conviction court denied relief. We conclude trial counsel provided effective representation, and the appellant's plea was voluntarily and knowingly entered. Thus, the judgment of the trial court is affirmed.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge L. Terry Lafferty |
Shelby County | Court of Criminal Appeals | 01/23/01 | |
| Jack Biggs vs. Farm Credit
W2000-00545-COA-R3-CV
In this boundary line dispute, the trial court was presented with conflicting testimony from two surveyors as to the proper boundary lines of a two and one-half acre tract. After reviewing the evidence presented, the trial court determined that Mr. Biggs' surveyor's plat controlled. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Dewey C. Whitenton |
McNairy County | Court of Appeals | 01/23/01 | |
| Rose Construction vs. Raintree Dev.
W2000-01388-COA-R3-CV
This is an arbitration case. The plaintiff construction company agreed to construct the defendant developer's planned development project. When disputes arose out of the parties' performance, they terminated the contract. The parties then entered into arbitration. The arbitration panel found in favor of the plaintiff for $974,068.00 plus interest, including a $250,000 award for attorney's fees. The plaintiff filed an action in the chancery court, seeking confirmation of the award. The defendant asked the chancery court to vacate the arbitration award. The trial court vacated the entire award, finding that the arbitration panel exceeded its authority in awarding attorney's fees. The plaintiff construction company appeals. We reverse, finding that the award of attorney's fees is authorized under the parties' contract, and remand the case for confirmation of the arbitration award in toto.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 01/23/01 | |
| David Eason vs. Melissa Bruce
W2000-01326-COA-R3-CV
This is a post-divorce child custody case. In its initial decree, the trial court found that neither parent demonstrated sufficient interest or ability to care for the minor children and custody was awarded to the maternal grandparents. Subsequently, the trial court awarded joint custody of the children to the father and the maternal grandparents. Father petitioned for sole custody which the trial court denied. Father appeals. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 01/23/01 | |
| Keith J. Allen v. State of Tennessee
W1999-01522-CCA-R3-PC
The Defendant was convicted of first degree murder and sentenced to life imprisonment. He filed for post-conviction relief on the grounds of ineffective assistance of counsel. After a hearing, the trial court denied relief. In this appeal as of right, the Defendant contends that the trial court erred. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge W. Fred Axley |
Shelby County | Court of Criminal Appeals | 01/23/01 | |
| Robert McCurley vs. Harold Angus
W2000-01348-COA-R3-CV
This is an action in negligence arising out of the demolition by the Appellee of a condemned building in Jackson, Tennessee pursuant to a contract with the city of Jackson. The demolished building was located adjacent to the Appellants' building, and the two buildings shared a party wall. The Appellants' building sustained damages as a result of the demolition of the condemned building. The Appellants brought a complaint against the Appellee in the Circuit Court of Madison County, alleging negligence on the part of the Appellee. The jury found in favor of the Appellee. The Appellants appeal from the entry of a jury verdict in favor of the Appellee. For the reasons stated herein, we affirm the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Roger A. Page |
Madison County | Court of Appeals | 01/23/01 | |
| Billy Ray Holley v. Bobby Holley,
W1998-00737-WC-R3-CV
The issue presented for review is whether or not Mississippi Boulevard Christian Church was the plaintiff's statutory employer as defined by Tennessee Code Annotated _ 5-6-113. We reverse the judgment of the circuit court and dismiss the cause as to Mississippi Boulevard Christian Church.
Authoring Judge: Wil V. Doran, Sp. J.
Originating Judge:James E. Swearengen, Judge |
Shelby County | Workers Compensation Panel | 01/22/01 | |
| Muirhead vs. Muirhead
M1999-02385-COA-R3-CV
This appeal involves the custody of four minor children following dissolution of a sixteen (16) year marriage. The trial court awarded a divorce to Father on the ground of inappropriate marital conduct but awarded custody of the parties' four minor children to Mother. The trial court set child support, awarded rehabilitative alimony, and divided the marital property, awarding Mother the marital residence. The Mother appeals the property division and alimony award. The Father appeals the award of custody. We reverse the trial court's award of custody because Father is comparatively more fit than Mother to have custody, modify the award of rehabilitative alimony, vacate the child support award, and remand to the trial court for child support and visitation issues.
Authoring Judge: Judge William B. Cain
Originating Judge:Donald P. Harris |
Williamson County | Court of Appeals | 01/22/01 | |
| Stanley R. Wilbanks v. Corrections Corporation of
W1999-01732-WC-R3-CV
Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by the presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). The appellant presents the following issues for review: (1) Did the trial court err in ruling that the plaintiff gave proper notice of the alleged back injury?; (2) Did the trial court err in ruling that Dr. Frazier related causation of the back injury to the accident which occurred on July 24, 1998?; and (3) Did the trial court err in relying on the testimony of Dr. Joseph C. Boals, III, as competent expert testimony? The judgment of the trial court is affirmed.
Authoring Judge: Wil V. Doran, Sp. J.
Originating Judge:C. Creed Mcginley, Judge |
Hardin County | Workers Compensation Panel | 01/22/01 | |
| Montague vs. TDOC
M1999-00513-COA-R3-CV
This Court determined a previous appeal by Charles Montague to be frivolous and remanded the case to the trial court to set attorney's fees. The state submitted evidence of attorney's fees incurred, both in the trial court and in this Court. Montague appeals and we modify the judgment of the trial court so as to only allow attorney's fees on the initial appeal.
Authoring Judge: Judge William B. Cain
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 01/22/01 | |
| Mary Browning vs. Harold D. Vandergriff, Jr., D/B/A Sunrise Market & Deli
E1999-02711-COA-R3-CV
In this appeal from the Circuit Court of Knox County the Defendant/Appellant, Harold D. Vandergriff, Jr., appeals the Circuit Court's judgment entered pursuant to a jury verdict allowing damages to Plaintiff/Appellee, Mary Browning, for negligent infliction of emotional distress. We reverse the judgment of the Circuit Court, dismiss the complaint and remand for collection of costs below.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 01/22/01 | |
| Perry vs. TN Bd. of Paroles
M1998-01018-COA-R3-CV
This appeal involves a prisoner's efforts to be released on parole. After the Tennessee Board of Paroles declined to release him on parole, the prisoner filed petitions for both common-law and statutory certiorari in the Chancery Court for Davidson County asserting that the Board had acted illegally, arbitrarily, and fraudulently. The trial court dismissed the prisoner's petition. We affirm.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 01/22/01 | |
| Garrison vs. Burch
M1999-02819-COA-R3-CV
This appeal involves a dispute regarding an order of protection. After the petitioner was threatened and attacked by his girlfriend's former husband, he sought an order of protection from the Davidson County General Sessions Court. The general sessions court granted the order of protection, and the former husband appealed to this court. We reverse and vacate the general sessions court's order because the parties are not within the degree of relationship required by the statute authorizing the issuance of orders of protection.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Casey Moreland |
Davidson County | Court of Appeals | 01/22/01 | |
| Stone vs. Faulkner, Mackie & Cochran
M2000-00125-COA-R3-CV
Plaintiff, Terry Stone d/b/a Medical Claims and Collections Specialist, sued Defendants, David Cochran, and Faulkner, Mackie & Cochran, for interference with contractual and business relationships between Plaintiff and Plaintiff's third-party client, Levine & Sharp Associates. The trial court granted Defendants' motion for summary judgment in this matter finding no genuine issue of material fact and dismissed Plaintiff's claims. The question presented to the Court is whether or not there are genuine issues of material fact such that the trial court erred in granting Defendants' Motion for Summary Judgment on the claim for interference with a business relationship. We affirm the trial court's dismissal of this claim.
Authoring Judge: Judge William B. Cain
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 01/22/01 | |
| Alpha Financial Services, Inc. vs. Karl Kindervater
E2000-01425-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 01/22/01 | |
| Perry vs. Campbell
M1998-00943-COA-R3-CV
This appeal involves a prisoner's challenge to a prison disciplinary board's decision to place him in involuntary administrative segregation. After exhausting his remedies within the Department of Correction, the prisoner filed petitions for a common-law and a statutory writ of certiorari in the Chancery Court for Davidson County complaining that he had been denied the right to call witnesses, that the board's decision was racially motivated, and that the board's decision lacked evidentiary support. The trial court granted the State's motion for summary judgment and dismissed the prisoner's petitions. We affirm the trial court's judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 01/22/01 | |
| E2000-00824-C0A-R3-CV
E2000-00824-C0A-R3-CV
Originating Judge:John B. Hagler, Jr. |
Bradley County | Court of Appeals | 01/22/01 | |
| Alpha Financial Services, Inc. vs. Karl Kindervater
E2000-01425-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 01/22/01 | |
| State of Tennessee v. John Ruff - Concurring and Dissenting
W1999-01536-CCA-R3-CD
I concur with the majority’s rationale that led to the conclusion that the charges were properly dismissed below without prejudice. However, I also agree with the majority’s statements about the unavailability of a Rule 3 appeal in this case. Because no appeal as a matter of right is
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 01/19/01 | |
| Joseph Hough v. State of Tennessee
E2000-01621-COA-R12-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Michael S. Lacy |
Greene County | Court of Appeals | 01/19/01 | |
| Janine S. Taylor Hines vs. Richard Michael Tilimon
E2000-00912-COA-R3-CV
This is an interstate custody dispute. Janine S. Taylor Hines ("Mother") filed this action seeking a declaratory judgment pertaining to the custody of the parties' minor child. She also sought to modify certain foreign orders pertaining to the visitation rights of the defendant, Richard Michael Tilimon ("Father"). The trial court (a) entered a default judgment against Father, (b) declared Tennessee to be the child's home state, (c) decreed that custody would remain with Mother, and (d) limited Father's visitation to supervised visits in the state of Tennessee. The court later denied Father's motion to set aside the default judgment. Father appeals, raising issues as to subject matter jurisdiction, in personam jurisdiction, venue, and service of process. He also argues that the trial court erred (1) in denying his request for a continuance of the hearing on the plaintiff's motion for default judgment; (2) in not allowing him to participate by telephone in the hearing on his motion to set aside the default judgment; (3) in denying his motion to set aside the default judgment; (4) in ordering supervised visitation; and (5) in awarding Mother her attorney's fees. By a separate issue, Mother seeks attorney's fees for this appeal. We affirm and remand for a hearing to set Mother's fees on appeal.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Bill Swann |
Knox County | Court of Appeals | 01/19/01 |