John Herman Hutchings v. Methodist Hospital of McKenzie, et al.
W1998-00901-COA-R9-CV
This is a medical malpractice case in which the plaintiff filed two identical actions only days apart in Shelby County and Carroll County against the same defendants. The plaintiff non-suited and then re-filed the Carroll County action. Amended complaints were filed in both actions seeking to add a defendant. The plaintiff then asked the Shelby County trial court to transfer the action pending in Shelby County to Carroll County for consolidation. The defendant who was added argued that the Shelby County trial court should dismiss the case for improper venue and that the Carroll County trial court should grant his motion for summary judgment based on the statute of limitations. The Shelby County trial court granted the plaintiff’s motion to transfer to Carroll County and the Carroll County trial court denied the defendant’s motion for summary judgment. The added defendant appealed. We reverse the Carroll County trial court’s denial of summary judgment and its acceptance of the Shelby County case for consolidation and remand to the Carroll County trial court to determine whether the Shelby County amended complaint was intended to supplement the original complaint or to completely replace it, and whether a named Shelby County defendant was still a defendant in the Shelby County suit when the amended complaint was filed, in order to ascertain if venue was proper as to the added defendant.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge Julian P. Guinn and Judge Karen R. Williams |
Carroll County | Court of Appeals | 06/02/00 | |
Sandra Diane Moore, v. Danny Michael Moore
W1998-00379-COA-R3-CV
This appeal arises from an action for divorce filed by plaintiff-Wife in the Crockett County Chancery Court. Following defendant-Husband’s answer and counter-complaint for divorce, the parties entered into a consent order for support and other relief. The court entered an order granting divorce and approving the parties’ agreement. Subsequently, the court entered an order awarding Wife alimony in futuro and a significant amount of the marital assets. The court also found that stock in a corporation was a marital asset and included the stock in Husband’s award of marital assets. Husband appeals both the award of alimony and the court’s characterization of the corporation stock as a marital asset. Tenn.R.App.P. Rule 3 Appeal as of Right; Judgment of the Chancery Court is Affirmed in Part, Reversed in Part and Remanded.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor George R. Ellis |
Crockett County | Court of Appeals | 06/01/00 | |
State of Tennessee v. James M. Lane, Jr.
1999-00615-CCA-R9-CD
James M. Lane, Jr. appeals by permission of the trial and appellate courts. Indicted for two counts of aggravated perjury, he alleges that the trial court abused its discretion in failing to reverse the district attorney general’s denial of pretrial diversion. Because the prosecutor relied upon improper grounds for denying diversion, we reverse the trial court’s finding that the prosecutor did not abuse his discretion in denying diversion. We remand to the trial court with instructions that the prosecutor enter into a memorandum of understanding for pretrial diversion with the defendant.
Authoring Judge: Judge Witt
Originating Judge:Judge Rebecca J. Stern |
Hamilton County | Court of Criminal Appeals | 06/01/00 | |
Miltier, III vs. Miltier (Buhls)
E1999-00887-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Jean A. Stanley |
Carter County | Court of Appeals | 05/31/00 | |
Clark Earls vs. Shirley Earls
M1999-00035-COA-R3-CV
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 05/31/00 | |
Beatrice Holiday vs. Shoneys South
W1999-01173-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 05/31/00 | |
Limbaugh vs. Coffee Medical Center
M1999-01181-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 05/31/00 | |
Steven C. Mohn, et ux vs. Bernard Graff, et al
E1999-01015-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas R. Frierson, II |
Hamblen County | Court of Appeals | 05/31/00 | |
Grandstaff vs. Hawks
M1998-00909-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Bobby H. Capers |
Wilson County | Court of Appeals | 05/31/00 | |
State vs.Robert A. Norris & Lida A. Meador
E1999-00485-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Leon C. Burns, Jr. |
Cumberland County | Court of Criminal Appeals | 05/31/00 | |
Charles McDonald vs. Dixie White Ishee
W1998-00258-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Joe C. Morris |
Shelby County | Court of Appeals | 05/31/00 | |
D. A. Price vs. P. C. Price
E1999-00102-COA-R10-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 05/31/00 | |
Clark Earls vs. Shirley Earls
M1999-00035-COA-R3-CV
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 05/31/00 | |
Clark Earls vs. Shirley Earls
M1999-00035-COA-R3-CV
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 05/31/00 | |
Richardson vs. TDOC
M1999-02796-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 05/31/00 | |
Larry W. Barnes v. The Goodyear Tire And Rubber
W2000-01607-COA-RM-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:W. Michael Maloan |
Obion County | Court of Appeals | 05/30/00 | |
State vs. Murriel Lee
W1999-01094-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Lee Moore |
Dyer County | Court of Criminal Appeals | 05/30/00 | |
Wielgus vs. Dover Industries
M1999-00173-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 05/30/00 | |
State of Tennessee v. Edward Talmadge Mcconnell
E1998-00288-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Arden L. Hill |
Washington County | Court of Criminal Appeals | 05/30/00 | |
Ronald & Bonnie Warf vs. Wayne Vincent
W1999-01542-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 05/30/00 | |
Barnes vs. Goodyear
W1997-00247-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Originating Judge:W. Michael Maloan |
Obion County | Supreme Court | 05/30/00 | |
Ricky Lee Jenkins v. Heather Johnson
M2001-02103-COA-R3-CV
This appeal arises from the lower court's modification of a child custody arrangement. The trial court found that a material change in circumstances had occurred and awarded primary residential custody to Father. For the following reasons, we affirm the judgment of the lower court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Clara W. Byrd |
White County | Court of Appeals | 05/30/00 | |
State of Tennessee v. Dennis R. England
M1999-00254-SC-R11-CO
Originating Judge:Jane W. Wheatcraft |
Sumner County | Supreme Court | 05/30/00 | |
21812-COA-R3-CV
21812-COA-R3-CV
Originating Judge:Jeffrey F. Stewart |
Sequatchie County | Court of Appeals | 05/30/00 | |
Berryhill vs. Rhodes
W1997-00167-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Originating Judge:Kenneth A. Turner |
Shelby County | Supreme Court | 05/30/00 |