| Lisa Kay Rogers vs. Richard Barrett Rogers
E2002-02300-COA-R3-CV
In this divorce action, the trial court divided marital property and awarded child support and rehabilitative alimony. Both parties raise issues on appeal. We affirm, as modified.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Howell N. Peoples |
Hamilton County | Court of Appeals | 05/13/03 | |
| William G. Barnett v State of Tennessee
M2002-01822-CCA-R3-PC
The petitioner, William G. Barnett, appeals the denial of his petition for post-conviction relief. On appeal, the petitioner contends he received ineffective assistance of counsel when he pled guilty to two drug-related offenses. We affirm the judgment of the post-conviction court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Michael R. Jones |
Montgomery County | Court of Criminal Appeals | 05/13/03 | |
| Sam Weaver vs. Knox County Board of Zoning Appeals
E2002-02000-COA-R3-CV
Sam C. Weaver filed a petition for writ of certiorari, seeking an order of the trial court setting aside the decision of the Knox County Board of Zoning Appeals ("the BZA") granting Crown Communications, Inc., and BellSouth Personal Communications, Inc., dba Cingular Wireless, (collectively "the cellular companies") permission to construct a 195-foot cellular tower on property owned by one of Weaver's neighbors. The trial court dismissed the petition. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John F. Weaver |
Knox County | Court of Appeals | 05/13/03 | |
| New Covenant Baptist Church vs. Panther Sark
E2002-02693-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas R. Frierson, II |
Knox County | Court of Appeals | 05/13/03 | |
| Mitch Stooksbury vs. American National Property
E2002-02385-COA-R3-CV
Mitch and Gina Stooksbury ("Plaintiffs") purchased homeowners insurance from American National Property and Casualty Company ("Defendant"). After Plaintiffs' home was destroyed by fire, they were informed by Defendant that their insurance policy had been cancelled prior to the date of loss because of an underwriting risk arising from missing railing on a deck. Defendant claimed to have mailed a cancellation notice and refund check to Plaintiffs in accordance with the terms of the policy. Plaintiffs denied receiving the cancellation notice or refund check. A jury concluded Defendant failed to prove by a preponderance of the evidence that it mailed the cancellation notice to Plaintiffs. The jury also concluded Defendant acted unfairly and in bad faith, and that Defendant's failure to pay the loss was through fraudulent and deceptive practices. The Trial Court entered a judgment for Plaintiffs in the amount of $92,750, for damages pursuant to the insurance contract, plus prejudgment interest on that $92,750. The Trial Court also assessed a 25% bad faith penalty and an additional 5% for punitive damages. Both parties appeal. We affirm the judgment for Plaintiffs in the amount of $92,750 and the prejudgment interest awarded on that $92,750. The bad faith penalty and award of punitive damages is reversed.
Authoring Judge: Judge David Michael Swiney
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 05/13/03 | |
| State of Tennessee v. Tony Alan Garretson
M2002-01262-CCA-R3-CD
Tony Alan Garretson, along with Harold Garretson and Tonya Garretson, sought return of numerous guns alleged to have been unlawfully seized by law enforcement when Tony Garretson was arrested for aggravated assault. The trial court found: (1) Harold Garretson and Tonya Garretson failed to establish they were the lawful owners of the guns; and (2) the guns could not be returned to Tony Garretson because he was convicted of aggravated assault and cannot lawfully possess a weapon. On appeal, the state concedes the guns were unlawfully seized and Harold Garretson and Tonya Garretson established proper ownership. We reverse the judgment of the trial court and remand for another hearing.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Lee Russell |
Bedford County | Court of Criminal Appeals | 05/13/03 | |
| Jeffrey Edmisten v. Kathy Edmisten
M2001-00081-COA-R3-CV
Wife sought separate maintenance and support. After a two year separation during the pendency of Wife's petition, Husband sought a divorce on the statutory ground of the separation. Wife opposed the divorce. The trial court dismissed Husband's counter-complaint, awarded Wife a legal separation, divided the marital property, and awarded alimony in futuro to Wife. Husband appeals, challenging not only the trial court's decision not to award a divorce, but also the division of marital property and award of alimony to Wife. We affirm in part, reverse in part, and modify the trial court's order.
Authoring Judge: Presiding Judge Patricia J. Cottrell
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Williamson County | Court of Appeals | 05/13/03 | |
| Robert Davidson v. Charles Lindsey
W2000-02891-SC-R11-CV
In this personal injury case, we address whether the trial judge properly performed his duties as thirteenth juror in denying the appellees' motion for new trial. The Court of Appeals found that based on statements made by the trial judge during the trial, at the hearing for the motion for new trial, and at the hearing to set bond and stay execution of the judgment, there was "an appearance of bias" against two of the defendants due to their failure to reach a settlement with the plaintiffs. As a result, the Court of Appeals found that the trial judge could not have properly discharged his duty as thirteenth juror. We reverse. There is no indication that the trial judge was biased against the defendants; instead, it is clear that the trial judge believed that the ultimate outcome was obvious from the outset, and that the bad facts and poor testimony of one of the defendants should have prompted a substantial settlement offer from the defendants. The record indicates that the trial judge considered the issues in the case and explicitly approved the jury's apportionment of fault and the amount of damages awarded. Additionally, acting in our discretion under Tennessee Rule of Appellate Procedure 13(b), we address the other issues raised on appeal by the appellees, and find that they are without merit. As such, we reinstate the judgment of the trial judge approving the jury's verdict.
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:Julian P. Guinn |
Henry County | Supreme Court | 05/13/03 | |
| New Covenant Baptist Church vs. Panther Sark
E2002-02693-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
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Knox County | Court of Appeals | 05/13/03 | |
| Emma Johnson vs. Knox County Board of Education
E2003-00248-COA-R3-CV
Plaintiff Johnson slipped and fell where water was in school's hallway. Defendants were granted Judgment on ground they had no notice of condition of hallway. We reverse and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 05/13/03 | |
| Victoria Henry v. Timothy Goins
M2000-02663-SC-R11-CV
The trial court entered an Order of Dismissal for failure to prosecute. The order was entered with prejudice and without notice to the parties. After the trial court reinstated Plaintiffs' claims pursuant to Rule 60.02 of the Tennessee Rules of Civil Procedure ("Rule 60.02"), Plaintiffs prevailed on the merits. The Court of Appeals held that the trial court erred in setting aside the Order of Dismissal and vacated the judgment in Plaintiffs' favor. We granted permission to appeal. Because Plaintiffs presented adequate grounds for relief under Rule 60.02, we hold that the trial court did not abuse its discretion in reinstating their claims. Therefore, we reverse that portion of the judgment of the Court of Appeals holding that the trial court erred in setting aside the Order of Dismissal. Accordingly, we reinstate the jury verdict, and we remand this cause to the trial court for proceedings consistent with this opinion.
Authoring Judge: Justice Janice M. Holder
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Supreme Court | 05/13/03 | |
| State of Tennessee v. Lynn L. Davis
M2002-01061-CCA-R3-CD
The defendant, Lynn L. Davis, pled guilty to robbery, a Class C felony, and was sentenced as a Range II, multiple offender to eight years in the Department of Correction. In his appeal, he argues that the trial court erred in failing to apply mitigating factors and in denying alternative sentencing. Following our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Russell Heldman |
Hickman County | Court of Criminal Appeals | 05/13/03 | |
| Vickie Nash vs. Thomas Nash
E2002-01597-COA-R3-CV
This appeal of a judgment for divorce entered by the Knox County Circuit Court questions whether the Trial Court erred in its classification and division of a 401(k) retirement account and in its award of rehabilitative alimony. We affirm in part, modify in part and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:William K. Swann |
Knox County | Court of Appeals | 05/13/03 | |
| Big Nine Productions vs. International Creative Management
E2002-02452-COA-R3-CV
DLLP, LLC, dba Big Nine Productions ("DLLP") sued International Creative Management, Inc., aka ICM ("ICM") and Rock On Tours, Inc. (collectively "the defendants") for damages and other relief arising out of the alleged failure of the defendants to follow through with a concert featuring the defendants' principal, a musical group known as the Moody Blues. The defendants moved the court to compel arbitration under an alleged agreement providing for arbitration in New York City. The trial court ordered arbitration, but decreed that it would be conducted in Chattanooga. The defendants appeal, arguing that the trial court was without authority to order arbitration other than in New York City. By way of a separate issue, the appellee, DLLP, contends that the trial court ordered "non-binding" arbitration and that it erred in doing so in the absence of the parties' consent, said consent being required by Tenn. Sup. Ct. R. 31, Sec. 3(d). It seeks an outright reversal of the court's order. We hold that the trial court ordered "binding" arbitration; that such arbitration was required under the terms of the parties' agreement; and that the trial court erred in failing to order that the arbitration would be conducted in New York City. Accordingly, we modify the trial court's order. As modified, the order is affirmed.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 05/12/03 | |
| Willis Edwards vs. Katherine Heckmann
E2002-02292-COA-R3-CV
This appeal involves a boundary line dispute between Willis Edwards and Wendall Edwards ("Plaintiffs") and Katherine and Gregory Heckmann ("Defendants"). Plaintiffs and Defendants presented proof from their respective surveyors regarding the appropriate boundary line for the disputed area of land. The surveyors testified in detail regarding the natural and artificial landmarks, etc., they relied upon in arriving at their differing conclusions. The Trial Court concluded Defendants' surveyor was accurate and entered judgment accordingly. Plaintiffs appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Billy Joe White |
Claiborne County | Court of Appeals | 05/12/03 | |
| Gloria Chambliss vs. DennisStohler
E2002-02413-COA-R3-CV
Gloria Jean Chambliss saw Dennis L. Stohler, M.D. ("Defendant") for medical care and treatment for problems related to her right knee. Ms. Chambliss was dissatisfied with the results of Defendant's treatment. Ms. Chambliss and her husband, Willie Chambliss ("Plaintiffs") sued Defendant for medical malpractice. Defendant filed a motion for summary judgment, which the Trial Court granted. Plaintiffs filed a Tenn. R. Civ. P. 59.04 motion to alter or amend the judgment and also a motion to allow the filing of an amended affidavit of Plaintiffs' expert. The Trial Court denied the motions to alter or amend. Plaintiffs appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 05/12/03 | |
| Bankers Trust y vs. Timothy Collins
E2002-02109-COA-R3-CV
In this declaratory judgment action, the Trial Court held that recorded trust deeds and notes had priority over unrecorded trust deeds and notes and dismissed the action. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 05/12/03 | |
| Dept of Children's Services vs. RB
E2002-01950-COA-R3-CV
Trial Court terminated father's parental rights for failure to support child. On appeal, we affirm.
Originating Judge:John W. Walton |
Carter County | Court of Appeals | 05/12/03 | |
| KHB Holdings vs. Mark Duncan
E2002-02062-COA-R3-CV
KHB Holdings, Inc. ("KHB") sued Mark A. Duncan and Tina L. Duncan ("the Duncans"), alleging that the Duncans had terminated KHB's contract to construct a residence for them. The trial court found that KHB's corporate charter had been revoked two years prior to the date on which KHB ostensibly contracted with the Duncans; denied KHB's motion to substitute its sole shareholder, Kenneth H. Boyd ("Boyd"), for the corporation; and held that KHB had failed to establish it was entitled to recover based upon a theory of quantum meruit. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 05/12/03 | |
| In The Matter of : Estate of J.C. Qeener
E2002-02311-COA-R3-CV
Trial Court entered Judgments against Estate for claimants on theories of resulting and/or constructive trusts, finding decedent's intent from a draft copy of Will never executed. On appeal, we affirm in part and reverse in part.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:William H. Russell |
Loudon County | Court of Appeals | 05/12/03 | |
| Fred Slaughter vs. Laura Slaughter & Daniel Crowe
E2002-02477-COA-R3-CV
The Trial Court gave Judgments for plaintiffs against defendants and cross-defendant Slaughter was given Judgments for compensatory and punitive damages against co-defendant Crowe and her deed to Crowe was voided. On appeal, we affirm all Judgments except for the Judgment for punitive damages which is remanded for trial on damages.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:G. Richard Johnson |
Washington County | Court of Appeals | 05/12/03 | |
| State of Tennessee v. Julia M. Ward
E2002-01381-CCA-R9-CD
The Defendant, a teacher, was indicted for three counts of assault against one of her students. She offered to enter a plea of nolo contendere on Count II in exchange for judicial diversion and the dismissal of the remaining two counts. The State rejected the Defendant's plea of nolo contendere and maintained that the Defendant would have to plead guilty in order to receive judicial diversion. The Defendant refused the offer and requested pretrial diversion. The State denied the Defendant's request. The Defendant filed a petition for writ of certiorari to the Knox County Criminal Court. The trial court denied the petition. The trial court then filed an order permitting interlocutory appeal to this Court. This Court granted the Defendant's application for interlocutory review. In this appeal, the Defendant argues that the State abused its discretion by denying the Defendant pretrial diversion. We affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 05/12/03 | |
| Paul Seibers v. Melissa Cunnningham
M2002-02782-COA-R3-CV
This appeal stems from a parental dispute over the custody of a 16-year-old boy and a 12-year-old girl. Their father filed suit in the DeKalb County Juvenile Court seeking to remove the children from their mother's custody because they were dependent and neglected. The juvenile court granted the father custody of his son but decided that his daughter should remain with her maternal grandmother in the custody of the Department of Children's Services. The father pursued a de novo appeal to the Circuit Court for DeKalb County. After the children's mother moved to dismiss the appeal on the ground that it was untimely, the father filed a Tenn. R. Civ. P. 60.02(1) motion seeking relief from his untimely notice of appeal. The circuit court granted the father the requested relief and, following a bench trial, granted the father custody of both children. The mother asserts on this appeal that the circuit court lacked authority to grant the father relief from his untimely notice of appeal and, in the alternative, that the father was not entitled to Tenn. R. Civ. P. 60.02(1) relief for excusable neglect. We have determined that the trial court lacked subject matter jurisdiction to consider the father's Tenn. R. Civ. P. 60.02(1) motion and, therefore, that the father's appeal to the circuit court should have been dismissed because it was untimely.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:John A. Turnbull |
DeKalb County | Court of Appeals | 05/12/03 | |
| E.C. Mitchell v. Larry Mitchell
M2001-01609-COA-R3-CV
This case comes before the Court upon consideration of the record and Appellant's brief pursuant to this Court's order filed on April 3, 2002. Appellant, Evalina Casey Cheadle Mitchell, hereinafter referred to as the Mother, seeks relief from the trial court's sua sponte order requiring the parties to mediate certain issues, requiring the minor children to attend periodic counseling and requiring the parties to submit to counseling themselves. We reverse the trial court's order and remand this case for a full hearing consistent with Tennessee Code Annotated section 36-6-401, et seq.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 05/12/03 | |
| Bryan Pearson v. State of Tennessee
E2002-02817-CCA-R3-PC
The pro se appellant appeals from the summary dismissal of his petition for the writ of habeas corpus. Finding that summary dismissal was appropriate under the circumstances of this case, we affirm the judgment of the lower court.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Buddy D. Perry |
Bledsoe County | Court of Criminal Appeals | 05/12/03 |
