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| Victoria Robbins vs. Bill Wolfenbarger, D/B/A Wolf's Motors and Sam Horne
E1999-02012-COA-R3-CV
Plaintiff Robbins filed a complaint for damages against Wolfenbarger and Horne, alleging breach of contract, intentional misrepresentation and negligence, per se. On August 26, 1999, an Order of Compromise and Dismissal was entered as to Wolfenbarger individually and d/b/a Wolf Motors. Horne did not file an answer during the time allowed by the Rules of Civil Procedure, and Robbins filed a motion for default judgment on July 9, 1999. Horne wrote a letter to the plaintiff's attorney in response to the complaint and summons, postmarked July 16, 1999. The letter was forwarded to the Clerk of the Court for filing by plaintiff's counsel's letter dated July 30, 1999. On August 27, Robbins' Motion for Default Judgment was heard, but Horne who had notice did not attend. A default judgment was entered against Horne and the Trial Court subsequently overruled Horne's Motion to Set Aside the Default. Horne has appealed. We affirm the judgment of the Trial Court.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 08/26/99 | |
| State vs. Gerald Schaffer
03C01-9807-CR-00226
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 08/26/99 | |
| State vs. David Hundley
W2001-00500-CCA-RM-PC
In this case, the petitioner, David Lee Hundley, filed a petition for post-conviction relief. The trial court dismissed the petition on the basis that it was barred by the applicable statute of limitations. Our Court reversed and remanded for a determination by the trial court as to whether there was sufficient evidence of Petitioner's prior mental health problems to warrant a tolling of the statute of limitations. David Lee Hundley v. State, No. 02C01-9810-CC-00313, 1999 WL 668723, Weakley County (Tenn. Crim. App., Jackson, August 26, 1999). The supreme court granted the State's application for permission to appeal pursuant to Tenn. R. App. P. 11 and remanded the case to this Court for reconsideration in light of State v. Nix, S.W.3d, No. E1999-02715-SC-R11-PC, slip op. (Tenn. Feb. 20, 2001). Upon remand, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:William B. Acree |
Weakley County | Court of Criminal Appeals | 08/26/99 | |
| Gary William Holt vs. State
03C01-9808-CR-00279
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 08/25/99 | |
| John Seals vs. James Bowlen, Warden, et al
M1999-00997-COA-R3-CV
Petitioner, a state inmate, filed the underlying pro se petition for a writ of certiorari to challenge the result of a disciplinary proceeding against him. The trial court dismissed the suit for failure to state a claim. We reverse the dismissal of all parties except the Department of Correction and affirm the dismissal for failure to state a claim.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 08/25/99 | |
| Nationsbank, N.A. vs. FormPak, Inc. & Ron Campbell
03A01-9808-CH-00279
|
Court of Appeals | 08/25/99 | ||
| Thomas Cook vs. State
03C01-9808-CR-00281
|
Hamilton County | Court of Criminal Appeals | 08/25/99 | |
| State vs. Guillermo Matian Juan
03C01-9812-CR-00443
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 08/25/99 | |
| Robert Odom v. Mary Odom
M1999-02811-COA-R3-CV
This appeal involves a bitter custody dispute over three children between the ages of nine and fourteen. During the divorce proceeding in the Chancery Court for Dickson County, the parties agreed that the mother would have custody of the children and also agreed on visitation arrangements that accommodated the mother's planned move to another state. Several months after the entry of the divorce decree, the father petitioned to change custody and to hold the mother in contempt for interfering with his relationship with the children. During the ensuing three years, the parties traded allegations of sexual and physical abuse of the children and other misconduct. Following a bench trial in December 1998, the trial court found that there had been a material change in the children's circumstances and granted the father custody of the children. On this appeal, the mother asserts that she was denied due process by the trial court's refusal to require the parties and their children to undergo a psychological examination and that the trial court unlawfully delegated its judicial authority to a psychologist who had been counseling the children. We have determined that the mother received an essentially fair hearing on this custody dispute and, therefore, affirm the trial court.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Allen W. Wallace |
Dickson County | Court of Appeals | 08/25/99 | |
| Begley Lumber Company, Inc. vs. Wendell Trammell
03A01-9902-CH-00047
|
Court of Appeals | 08/25/99 | ||
| Saul T. Mallen (Sports-Wear Mills, Inc.) vs. PI, Inc.
03A01-9811-CH-00364
|
Court of Appeals | 08/25/99 | ||
| State vs. Bao Nguyon
02C01-9801-CR-00004
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 08/25/99 | |
| State vs. Eric Carter
02C01-9809-CR-00299
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 08/25/99 | |
| Adrian Waite vs. State
03C01-9809-CR-00343
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 08/25/99 | |
| William Terry Wyatt vs. Billie Carey
03A01-9809-CV-00307
|
Cumberland County | Court of Appeals | 08/25/99 | |
| Nationsbank, N.A. vs. FormPak, Inc. & Ron Campbell
03A01-9808-CH-00279
|
Court of Appeals | 08/25/99 | ||
| Gregory B. Hinton vs. City of Chattanooga
03A01-9901-CV-00013
|
Hamilton County | Court of Appeals | 08/25/99 | |
| Ronnie Bradfield vs. City of Memphis
02A01-9808-CV-00220
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 08/24/99 | |
| Stanley Pearson Posley vs. State
03C01-9809-CR-00307
|
Hamilton County | Court of Criminal Appeals | 08/24/99 | |
| State vs. Mohammed F. Ali
03C01-9802-CR-00065
Originating Judge:Lynn W. Brown |
Washington County | Court of Criminal Appeals | 08/24/99 | |
| Martha L. Carter, et al vs. Billy L. King
03A01-9810-CV-00327
|
Court of Appeals | 08/24/99 | ||
| Doris Sanders v. Samuel Sanders, Jr.
M1998-00978-COA-R3-CV
This appeal involves a former spouse's right to post-judgment interest on an award of alimony in solido. After her former husband failed to pay the alimony in solido required by the final divorce decree, the former wife filed a petition in the Circuit Court for Davidson County seeking $9,847.68 in post-judgment interest. The trial court recognized that the post-judgment interest had accrued but decided not to award the interest to the former wife unless her former husband failed to make his future periodic alimony payments in a timely manner. When her former husband began to pay his alimony payments late, the former wife renewed her request for the post-judgment interest. The trial court found that the former husband had been delinquent in his alimony payments but again declined to order the former husband to pay the post-judgment interest if he prepaid the remaining balance of his periodic alimony. The former wife has appealed from the trial court's repeated refusal to award her the post-judgment interest on her alimony in solido award. We have determined that the former wife was entitled to post-judgment interest as a matter of law and, therefore, that the trial court erred by failing to award her $9,847.68 for post-judgment interest.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 08/24/99 | |
| Tammy Kemp vs. Thomas Michael Hale
03A01-9809-PB-00284
|
Cumberland County | Court of Appeals | 08/24/99 | |
| Boardwalk Regency Corp. v. Roy Patterson and Trump Taj Mahal Assoc. v. Roy Patterson
M1999-02805-COA-R3-CV
This appeal involves the efforts of two Atlantic City casinos to collect the gambling debts of a Tennessee resident. After obtaining default judgments against the Tennessee resident in New Jersey, the casinos twice attempted to file their judgments in the Chancery Court for Putnam County in accordance with the Uniform Enforcement of Foreign Judgments Act. On both occasions, the trial court declined to file the judgments after finding that they were irregular and that they were not properly authenticated. On the second occasion, the trial court also concluded that its refusal to file the first set of judgments precluded the casinos from filing the second set of judgments. The casinos have appealed. We have determined that the second set of judgments meet the requirements for filing and enforcement under the Uniform Enforcement of Foreign Judgments Act and that the casinos' unsuccessful efforts to file the first set of judgments does not prevent them from filing the second set of judgments. Accordingly, we reverse the trial court's order denying the application to enforce the foreign judgments.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Vernon Neal |
Putnam County | Court of Appeals | 08/24/99 | |
| State vs. Anthony Sanders
03C01-9811-CR-00392
|
Sullivan County | Court of Criminal Appeals | 08/24/99 |