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| Linda Kinard v. John Kinard
M2000-00674-COA-R3-CV
Upon remand from earlier appeal, the trial court determined (1) Husband owed Wife past due alimony without interest; (2) Husband owed Wife additional $47,933.50 on note with interest from 30 days after the entry of the Court of Appeals opinion until the amount is paid; (3) Husband was not required to release the residence as collateral on the home equity loan; (4) Husband retained ownership of the insurance policy; (5) no attorney's fees were awarded to either party. Wife filed a second appeal to dispute the decision of the trial court and to determine the date at which post-judgment interest begins to accrue, whether husband should be required to discharge the home equity loan, whether husband should be restricted in use of life insurance policy, and whether attorney's fees should have been awarded. For the following reasons, we affirm the decision of the trial court in regards to the attorney's fees, life insurance policy, and home equity loan and reverse the decision of the trial court with respect to post-judgment interest.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 01/29/01 | |
| Dwayne Hawkins v. Patrick Hart
M2000-02449-COA-R3-CV
This matter began when Plaintiffs signed an agreement to purchase an automobile dealership from Defendant, Patrick Hart. Defendant Hart refused to honor this agreement and later agreed to sell the dealership to Defendant, Nelson Bowers. The current case flows from these breach of contract and inducement of breach of contract actions previously dismissed by the trial court and appealed to this Court. We are now asked to determine whether the trial court correctly applied the Court of Appeals decision in this matter. Plaintiffs appeal two orders issued by the trial court on remand: (1) an order dismissing claims for conversion and interference with business relations against the Bowers Defendants, reinstating the discretionary costs previously vacated by this Court in favor of the Bowers Defendants, and denying Plaintiffs' motion to amend to add additional claims and parties; and (2) a second order dismissing Plaintiffs' separate action against European Motors and Sonic Automotive, parties whom Plaintiffs had previously tried to join in the original action. We find that the trial court correctly interpreted and applied the Court of Appeals decision and affirm both orders in their entirety.
Authoring Judge: Judge William B. Cain
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 01/29/01 | |
| Marika Avery vs. Thomas Avery
M2000-00889-COA-R3-CV
In this divorce case ending a 25 year marriage, the trial court classified a bequest made solely to the husband as marital property under an "implied partnership" theory and divided the bequest equally. The parties' other property was divided, and the wife was awarded alimony in futuro. The husband appeals the classification and division of property and the award of alimony in futuro. We reverse the trial court's classification of the bequest as marital property and classify the original bequest as Husband's separate property. We find the increase in value of that separate property to be marital because of the parties' contribution to its maintenance and increase. We modify the award of marital property accordingly, modify the alimony award, and decline to award Wife attorney fees on appeal.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 01/29/01 | |
| Allison Coats v. Smyrna/Rutherford County Airport Authority
M2000-00234-COA-R3-CV
This action was brought by the plaintiff against the defendant following two requests by the plaintiff pursuant to the Tennessee Public Records Act for certain documents relating to the Smyrna Airport negotiations with Wiggins Group, PLC./Plane Station, Inc. The plaintiff alleged a statutory right to inspect certain documents. Ultimately, the trial court ordered all of the documents released to the plaintiff, but ordered correspondence addressed to or signed by the SRCAA attorney placed under seal pending appeal. The principal issue on this appeal is whether the appellee is entitled to the documents under seal pursuant to Tennessee Code Annotated section 10-7-503.
Authoring Judge: Judge William B. Cain
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 01/29/01 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Supreme Court | 01/26/01 | ||
| Lula Moody vs. Gen. Motors
W2000-01658-COA-R3-CV
Plaintiffs sued General Motors Corporation and Townsend Chevrolet-Buick-Pontiac, Inc. as a result of injuries sustained by Ms. Moody as a result of a single car accident. In a separate complaint they sued Townsend alleging that it had sold them a purportedly new vehicle when in fact the odometer had been rolled back. The cases were consolidated for trial and the accident case resulted in a jury verdict in favor of the defendants. The case involving the odometer was dismissed by the trial court. Appellants failed to present this court with either a transcript or a statement of the evidence. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:C. Creed Mcginley |
Decatur County | Court of Appeals | 01/26/01 | |
| State of Tennessee v. Bobby J. Hughes
W1999-00360-CCA-R3-CD
The Defendant, Bobby J. Hughes, was indicted by the Shelby County Grand Jury for the offense of attempted second degree murder. He was subsequently tried by jury and found guilty of attempted second degree murder. In this appeal as of right, the Defendant argues (1) that the evidence was insufficient to support his conviction; (2) that the trial court erred by allowing into evidence four photographs of the victim's wounds; (3) that the trial court erred by allowing the victim to identify the Defendant from a photograph during trial; (4) that the trial court erred by allowing the State to question the Defendant about prior convictions after defense counsel concluded redirect examination; and (5) that the trial court erred by not instructing the jury on attempted voluntary manslaughter. We conclude that the trial court's failure to instruct the jury on the crime of attempted voluntary manslaughter as a lesser-included offense was plain error and was not harmless beyond a reasonable doubt. Accordingly, we reverse the Defendant's conviction and remand the case to the trial court for a new trial.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 01/26/01 | |
| Susan Sellers vs. Randall Sellers
W2000-01475-COA-R3-CV
This appeal involves a belated attempt by the appellant, Randall Lee Sellers, to obtain relief from child support obligations based upon a claim that he is not the biological father of the child. For the following reasons, we affirm the judgment of the trial court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Ron E. Harmon |
Carroll County | Court of Appeals | 01/26/01 | |
| Musson Theatrical vs. Federal Express
W2000-01247-COA-R3-CV
Plaintiffs, as shippers, sued defendant, FedEx Corporation, for fraud and misrepresentation because of defendant's practice of charging more for economy two-day service than for one-day service for certain packages. Defendant's motion to dismiss was granted on the basis of preemption by federal law, Airline Deregulation Act, and for failure to state a claim upon which relief can be granted. Plaintiffs appeal. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 01/26/01 | |
| State of Tennessee v. Bryan Herman Dowdy
W2000-01011-CCA-R3-CD
Defendant, Bryan Herman Dowdy, appeals his jury convictions for vehicular homicide by intoxication, two counts of vehicular assault, and felony evading arrest. He was sentenced to eight years and six months for vehicular homicide, two years for each of the vehicular assaults, and two years for felony evading arrest, with an effective sentence of ten years and six months. In this appeal, he raises the following issues for our review: (1) whether the evidence was sufficient to sustain his convictions; (2) whether items from his vehicle were improperly admitted; (3) whether his blood alcohol test result was improperly admitted into evidence; (4) whether the underlying DUI charge should have been severed; (5) whether he was improperly denied access to an officer's personnel file during cross-examination; (6) whether the trial court erroneously instructed the jury to use their "common sense;" and (7) whether his sentence was excessive. After our review of the record, we find all issues to be without merit and affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 01/26/01 | |
| Patricia Mora vs. Gilberto Mora
W1999-02483-COA-R3-CV
This case involves a dispute stemming from the parties' divorce in 1991. The divorce decree provided that Ms. Mora and the parties' adult daughter could live in the marital home for thirty months following the divorce, at which time the home was to be put on the market for sale and the proceeds divided. After the thirty month period expired, Mr. and Ms. Mora attempted to settle the dispute concerning the marital home. The parties each executed documents, and a dispute arose as to which document embodied the parties' intentions. The trial court ruled on the parties' settlement dispute, and the court also appointed Ms. Mora as the adult daughter's guardian and ordered that Mr. Mora provide support for his daughter. For the following reasons, we affirm in part and reverse in part.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 01/26/01 | |
| Timothy Ellington vs. Linda Maddox
W2000-00948-COA-R3-CV
Natural father filed a petition to obtain custody of his son against the maternal grandmother and her husband, the child's custodians by previous court order. After an evidentiary hearing, the juvenile court denied father's petition and retained custody in the maternal grandmother and husband. Father appeals, and we reverse.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:J. Roland Reid |
Haywood County | Court of Appeals | 01/25/01 | |
| Alfredia J. Leach v. Henry I. Siegel Company, Inc.,
W1999-00923-WC-R3-CV
The defendants, Henry I. Siegel Co., Inc. and Royal Insurance Company (H.I.S.), appeal the judgment of the Circuit Court for Carroll County awarding the plaintiff, Alfredia Leach (Leach), fifty percent (5%) permanent partial disability to her right arm and twenty percent (2%) permanent partial disability to her left arm as being excessive. For the reasons stated in this opinion, we affirm the judgment of the trial court but modify the award to a single award of thirty-five percent (35%) permanent partial disability to both arms.
Authoring Judge: W. Michael William Michael Maloan, Special Judge
Originating Judge:Julian P. Guinn, Judge |
Henry County | Workers Compensation Panel | 01/25/01 | |
| Rodney Stafford v. Sara Lee Corporation,
W2000-00705-WC-R3-CV
Employee was cleaning a machine at work while it was running, in violation of safety rules, and received an injury to his hand and arm. The trial court found willful misconduct and refused worker's compensation benefits. The panel finds that the evidence fails to preponderate against the Chancellor's findings, and affirms.
Authoring Judge: Joe H. Walker III, Sp. J.
Originating Judge:R. Lee Moore, Jr., Judge |
Dyer County | Workers Compensation Panel | 01/25/01 | |
| Ch-00-0152-2
Ch-00-0152-2
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 01/25/01 | |
| In matter D.I.S.,
W2000-00061-COA-R3-CV
This case involves the termination of parental rights. The juvenile court, sua sponte, dismissed the petition to terminate the parental rights of the mother at the end of the petitioner's proof. The petitioner appeals. We affirm, finding that there is sufficient evidence to support the trial court's finding that termination of the mother's parental rights would not be in the child's best interest.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George E. Blancett |
Shelby County | Court of Appeals | 01/25/01 | |
| David Coleman v. Lumbermens Mutual Casualty Company
W2000-01168-WC-R3-CV
Employee was injured when a sofa fell on him at work, and was awarded twenty five percent permanent partial disability to the body as a whole. On appeal, the award was affirmed, but the court determined that the evidence supported a finding of permanent partial disability for a psychiatric injury, and remanded to the trial court for a determination as to the percentage. Coleman v. Lumberman's Mutual Casualty Co., 2 Tenn. LEXIS 98; 2 WL 236424 (Tenn., March 2, 2). On remand the Chancellor determined that plaintiff was entitled to fifty percent permanent partial disability total for both shoulder and psychiatric injuries.
Authoring Judge: Joe H. Walker III, Sp. J.
Originating Judge:Walter L. Evans, Chancellor |
Shelby County | Workers Compensation Panel | 01/25/01 | |
| State of Tennessee v. Larry M. Grigsby
E2000-00924-CCA-R3-CD
Larry M. Grigsby entered guilty pleas to one count of promoting prostitution and two counts of criminal simulation. The manner of service, including entitlement to probation and/or Community Corrections, was submitted to the trial court. The trial court denied any form of alternative sentencing based upon Grigsby's extensive prior criminal history and the failure of previous measures less restrictive than total confinement. On appeal, Grigsby argues that the trial court erred in denying an alternative sentence. After review, we conclude that the record supports the trial court's sentencing decision. The judgment, accordingly, is affirmed.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 01/25/01 | |
| Carroll Co. Waste vs. Odillion Collins
W1998-00754-COA-R3-CV
This case involves a dispute over issues surrounding Carroll County's imposition of a garbage collection fee on its residents. The trial court granted summary judgment to Plaintiff, and the Defendant appeals.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Julian P. Guinn |
Carroll County | Court of Appeals | 01/25/01 | |
| Stoney Mccarter v. Transportation Insurance Company,
W1999-00667-WC-R3-CV
The plaintiff, Stoney McCarter, appeals the judgment of the Circuit Court of Shelby County granting defendants' motion for summary judgment. The trial court held plaintiff's court-approved lump sum settlement was not entered into pursuant to Tenn. Code Ann. _ 5-6-241(a)(1) and therefore could not be reopened pursuant to _ 5-6-241(a)(2). For the reasons stated in this opinion, We affirm the judgment of the trial court.
Authoring Judge: W. Michael William Michael Maloan, Special Judge
Originating Judge:Robert L. Childers, Judge |
Carter County | Workers Compensation Panel | 01/25/01 | |
| M2000-00372-SC-RL-RL
M2000-00372-SC-RL-RL
|
Supreme Court | 01/25/01 | ||
| Donald Blackburn vs. Betty Blackburn
W2000-00393-COA-R3-CV
Executor of deceased's estate appeals the probate court order closing the deceased's conservatorship. The final order closing the conservatorship, among other things, set aside a part of the order appointing conservator which ordered the appointed conservator to convey to the ward real estate owned by the ward that she had previously conveyed to herself as attorney in fact for the ward. Executor appeals.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Donn Southern |
Shelby County | Court of Appeals | 01/25/01 | |
| Billie Mae Manis vs. Donald Ralph Manis
E1999-01927-COA-R3-CV
Wife sought a divorce after 41 years of marriage on grounds of inappropriate marital conduct. With Husband acting pro se, the parties filed a Marital Dissolution Agreement. After retaining counsel, Husband withdrew the agreement and filed a counterclaim for divorce, also alleging inappropriate marital conduct. The Trial Court appointed a Special Master, who conducted two hearings and filed a lengthy and comprehensive Special Master's Report. Both parties filed Objections to the Report, and the Special Master held a third hearing addressing the issues raised in the parties' objections. Husband filed Objections to the Special Master's Amended Report. Wife had no objections to the Amended Report. The Trial Court held a fourth hearing, at which arguments of counsel and Husband's offer of additional proof were made. The Trial Court's Final Judgment adopted the Report of the Special Master, as amended, and affirmed the findings of fact and conclusions of law of the Special Master with minor exceptions. Husband raises ten issues, primarily involving the Special Master's valuation and distribution of marital assets and the amount of alimony he was ordered to pay. Wife contests the amounts awarded to her for periodic alimony and for her interest in the marital estate, and also claims that the Trial Court erred in not placing more restrictions on Husband's future business transactions so as to more fully protect her interest in her marital share. We affirm the judgment of the Trial Court.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Richard R. Vance |
Sevier County | Court of Appeals | 01/25/01 | |
| Steve Mairose vs. FedEx
W2000-00076-COA-R3-CV
This appeal arises from a breach of contract claim brought by the Appellants against the Appellee. Following a six week jury trial, the jury entered a verdict in favor of the Appellants. The Appellee filed a motion for a judgment notwithstanding the verdict and, in the alternative, a motion for a new trial. The Chancery Court of Shelby County granted the Appellee's motion for a judgment notwithstanding the verdict and, in the alternative, granted a conditional new trial. The Appellants appeal the grant of the Appellee's motion for a judgment notwithstanding the verdict and the grant of a conditional new trial by the Chancery Court of Shelby County. For the reasons stated herein, we affirm in part, reverse in part, and remand this case for a new trial in accordance with this opinion.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 01/25/01 | |
| Exxon Corp. vs. Metro Gov't, et al
M2000-00614-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 01/24/01 |