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| Southwest Williamson County Community Assoc. et al vs. Bruce Saltsman
M2001-00943-COA-R3-CV
Being dissatisfied with the State's concept of, and planning for, the extension of State Route 840 through southwest Williamson County, three residents in the County, two nonprofit corporations, and a partnership that owns property in the County, sued J. Bruce Saltsman, Sr. ("the Commissioner"), in his official capacity as Commissioner of the Tennessee Department of Transportation ("TDOT"). Following a bench trial, the court below entered a final judgment including (1) a writ of mandamus ordering the Commissioner to perform a number of "duties" in connection with Route 840; and (2) a permanent injunction enjoining him from moving forward with the planning and construction of Route 840 through Williamson County until he complies with the trial court's order. The Commissioner appeals. In addition to other bases for reversal, he asserts that the trial court lacked subject matter jurisdiction of this controversy. We agree with the appellant that the trial court was without subject matter jurisdiction. Accordingly, we reverse the judgment below in its entirety and dismiss the petition.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:J. Russ Heldman |
Williamson County | Court of Appeals | 08/28/01 | |
| 2001-00383-COA-R3-CV
2001-00383-COA-R3-CV
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 08/28/01 | |
| Wanda Steinbrunner vs. Tuner Funeral Home, Inc., et al
E2001-00014-COA-R3-CV
Six years after her husband died, Wanda J. Steinbrunner sued the Chattanooga funeral home that handled his burial and the medical examiner that performed his autopsy. She made various claims based upon theories of negligence, gross negligence, and outrageous conduct. The trial court granted the funeral home and the medical examiner summary judgment. Steinbrunner appeals, challenging the grant of summary judgment. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jacqueline E. Schulten |
Hamilton County | Court of Appeals | 08/28/01 | |
| Roberts vs. Everhart Steel Const. Co. Inc.
E2001-00187-COA-R3-CV
In this action for damages for personal injuries allegedly caused by defendant's negligence, a jury awarded damages. On appeal, we conclusively presume the Judgment is correct, because we cannot review all of the evidence heard by the jury.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 08/28/01 | |
| Blake Burton, et al vs. Hardwood Pallets, Inc., et al
E2001-00547-COA-R3-CV
This appeal involves a dispute between the sellers of a business and the bank that financed a portion of the purchase price. The plaintiffs, Blake Burton and Michael Burton, entered into an agreement with the defendant, Hardwood Pallets, Inc., to sell the Burtons' pallet manufacturing business. As partial consideration for the sale, Hardwood Pallets executed an unsecured promissory note to the Burtons in the amount of $1,000,000. Additional consideration for the sale was obtained by way of an $800,000 loan from the defendant, AmSouth Bank, to Hardwood Pallets; as a part of the bank transaction, Hardwood Pallets pledged its assets as collateral. As a condition to the making of the loan, AmSouth required the Burtons to execute a subordination agreement. When Hardwood Pallets defaulted on the bank loan, AmSouth sold the collateral at a private sale. Litigation ensued. In addition to suing Hardwood Pallets and its shareholders, the Burtons sued AmSouth, alleging procurement of breach of contract and civil conspiracy to defraud. AmSouth filed a counterclaim, alleging that the Burtons breached the subordination agreement. It also filed a motion for summary judgment, asserting that it acted within its rights under the subordination agreement. The trial court entered a judgment in favor of AmSouth pursuant to Tenn. R. Civ. P. 54.02. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 08/28/01 | |
| Carrie Marsh vs. Christopher Sensabaugh
W2001-00016-COA-R3-JV
This is a child custody case involving the child's natural father and a third-party, the maternal aunt. The trial court held in favor of the maternal aunt, upon a determination the father was an unfit parent. The court based its decision on the father's previous charge of contempt for failure to pay child support, previous visitation practices, and lack of knowledge regarding the child's educational status, such as her teachers, grades and attendance at parent-teacher conferences. Father appeals the trial court's decision. For the reasons below, we affirm the ruling of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:J. Roland Reid |
Haywood County | Court of Appeals | 08/27/01 | |
| Howard Zoldessy vs. Ingrid Davis, et al
E2000-02526-COA-R3-CV
Upon the application of Howard Zoldessy, a temporary injunction was issued by the trial court against the defendants, Ingrid Davis and Arthur Davis. The Davises are the parents of Zoldessy's deceased wife and the grandparents of Zoldessy's daughter, Rachel. The injunction in question prohibits the defendants "from coming about [Howard Zoldessy] and his daughter, Rachel Zoldessy, or contacting him in any manner whatsoever." Following a bench trial, the trial court found that both defendants had committed willful criminal contempt by "coming about [Zoldessy's] residence on October 4, 1999." Each defendant was sentenced to 48 hours imprisonment for their contempt. Mr. Davis was also found in contempt for sending letters to Zoldessy and was sentenced to an additional term of imprisonment of 48 hours. The defendants appeal the trial court's findings of contempt, as well as the sentences imposed. We affirm the finding of contempt as to the letters sent to Zoldessy; however, we reverse the finding of contempt for the defendants' purported "coming about" Zoldessy and his daughter.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 08/27/01 | |
| Philip Owens vs Bristol Motor Speedway, Inc.
E2000-02667-COA-R3-CV
In this putative class action suit, the plaintiff, Philip Owens, alleges that the defendant, Bristol Motor Speedway, Inc. ("Bristol Speedway"), engaged in a conspiracy to fix the prices of souvenirs sold at its racetrack. The trial court denied certification of the alleged class and granted Bristol Speedway's motion for summary judgment as to the plaintiff's individual claims. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Richard E. Ladd |
Sullivan County | Court of Appeals | 08/27/01 | |
| Ella McCain, Conservator
W2000-02218-COA-R3-CV
This is a personal injury case arising from a vehicle/pedestrian accident. A pedestrian wandered from the nursing home at which he resided and began walking alongside a roadway. The defendant driver saw the pedestrian as he was driving on the roadway. As the driver approached, the pedestrian suddenly stepped into the roadway and was struck by the defendant's truck. The pedestrian suffered significant injuries. The pedestrian's daughter, as his conservator, filed suit against the defendant driver. At the conclusion of the plaintiff's proof, the defendant driver moved for a directed verdict on the grounds that there was insufficient evidence that the defendant driver was negligent. The trial court granted a directed verdict for the defendant driver and the plaintiff now appeals. We affirm, finding that the plaintiff failed to adduce evidence from which a reasonable jury might conclude that the defendant driver was negligent.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Jon Kerry Blackwood |
Fayette County | Court of Appeals | 08/27/01 | |
| Ronald Scott Revis v. Roane County, Tennessee,
E2000-01709-WC-R3-CV
The trial court dismissed the complaint finding the injury did not arise out of and in the course of employment. On appeal it was determined the injury arose out of employment but did not occur in the course of employment. Judgment of the trial court is affirmed.
Authoring Judge: Thayer, Sp. J.
Originating Judge:Russell E. Simmons, Jr., Circuit Judge |
Knox County | Workers Compensation Panel | 08/27/01 | |
| Comm. DOT vs. Frances Patrick & Frank Duncan
W2001-00397-COA-R3-CV
This appeal involves the owner of an undivided five-sixths interest in property acquiring the remaining one-sixth interest from her co-tenants under the doctrine of title by prescription. The circuit court made finding of facts indicating that the prescriptive holder of the property held the property exclusively and uninterrupted for more than a twenty year period. Further, the circuit court found that no co-tenants were under a disability to assert their rights during the twenty year period and that no permission was given to the prescriptive holder to possess the property. Based on these findings of fact, the circuit court ruled that under the doctrine of title by prescription, the prescriptive holder had acquired full title in the property. For the following reasons, we affirm the decision of the circuit court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Appeals | 08/27/01 | |
| Suzanne Jones vs. Metro Elevator Co.
W2000-02002-COA-R3-CV
This appeal involves claims for injuries sustained by the plaintiff while riding in an elevator. The plaintiff brought suit against numerous parties including the company managing the building and the company under contract to service the elevators in the building. The circuit court granted a motion for summary judgment as to the company managing the building. The case proceeded to trial, however, against the company under contract to service the elevators. After the circuit court refused to instruct the jury on the doctrine of res ipsa loquitur, the jury returned a verdict in favor of the elevator service provider. The plaintiff appeals the grant of summary judgment and the refusal to instruct the jury on the doctrine of res ipsa loquitur and for the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Mark Agee |
Madison County | Court of Appeals | 08/27/01 | |
| Barbara Gaskins vs. Roger Gaskins
E2000-02915-COA-R3-CV
This appeal from the Circuit Court of Greene County questions whether the Trial Court erred in awarding Ms. Gaskins alimony for a seven year period. Mr. Gaskins appeals the decision of the Circuit Court of Greene County. We affirm the decision of the Trial Court as modified and remand for further proceedings consistent with this opinion. We adjudge costs of the appeal against the Appellant, Roger Arthur Gaskins, and his surety.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Ben K. Wexler |
Greene County | Court of Appeals | 08/27/01 | |
| Reginald Webb v. State of Tennessee
W2000-01895-CCA-R3-PC
Petitioner appeals the denial of post-conviction relief by the Shelby County Criminal Court. He contends he received ineffective assistance of counsel at his jury trial where he was convicted of second degree murder. We affirm.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Bernie Weinman |
Shelby County | Court of Criminal Appeals | 08/27/01 | |
| United States Pipe & Foundry Company v. Steven L. Camp
E2000-01198-WC-R3-CV
The trial court found the employee had sustained a temporary injury to his back and awarded medical benefits to treat his symptoms. On appeal the employee insists his injury was of a permanent nature. Judgment of the trial court is affirmed.
Authoring Judge: Thayer, Sp. J.
Originating Judge:L. Marie Williams, Circuit Judge |
Knox County | Workers Compensation Panel | 08/27/01 | |
| State of Tennessee v. Charles R. Blackstock
E2000-01546-CCA-R3-CD
The defendant, Charles R. Blackstock, pled guilty to especially aggravated kidnapping and two counts of rape of a child. See Tenn. Code Ann. §§ 39-13-305, 39-13-522. The trial court imposed 25-year sentences on each offense. The sentences were ordered to be served consecutively, for an effective sentence of 75 years. The sentence for especially aggravated kidnapping and the consecutive sentencing order are affirmed. Because the trial court erroneously applied certain enhancement factors to each of the sentences for rape of a child, the terms are modified to 23 years.
Authoring Judge: Presiding Judge Gary R. Wade
Originating Judge:Judge Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 08/27/01 | |
| Ryder Driver Leasing, Inc. v. Wilson
E2000-00905-WC-R3-CV
The trial court found the plaintiff had a compensable psychiatric injury. We affirm the findings of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Dale Workman, Circuit Court Judge |
Knox County | Workers Compensation Panel | 08/27/01 | |
| State of Tennessee v. George E. Ratliff
E1999-01214-CCA-R3-CD
The defendant, George E. Ratliff, was convicted by a jury of rape of a child. In this consolidated appeal, Defendant alleges various errors by the trial court, challenges his sentence, and appeals the dismissal of his petition for writ of error coram nobis on the ground of untimely filing. After a review of the record and applicable law, we reverse the trial court's summary dismissal of the petition for writ of error coram nobis based on the recent decision of our supreme court in Workman v. State, 41 S.W.3d 100 (Tenn. 2001). We remand this matter to the trial court for a hearing on the merits of the petition for writ of error coram nobis. Pursuant to State v. Mixon, 983 S.W.2d 661 (Tenn. 1999), appellate proceedings on Defendant's appeal as of right from his conviction are stayed, pending the trial court's ruling on the error coram nobis petition.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Lynn W. Brown |
Washington County | Court of Criminal Appeals | 08/27/01 | |
| In re: Estate of J. Crawford Murphy vs. Robert A. Murphy, et al.
E2001-01112-COA-R3-CV
In this case the Probate Court held that the personal representative of the Estate of Mae Thompson Murphy did not have authority to dissent from the will of her husband, J. Crawford Murphy, and thereby take an elective share of his estate. We find that T.C.A. 31-4-105 gives the personal representative this right and reverse the judgment of the trial court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Jeffrey D. Rader |
Sevier County | Court of Appeals | 08/27/01 | |
| State of Tennessee v. Larico S. Ficklin
W2000-01534-CCA-R3-CD
A Shelby County jury convicted the defendant of second degree murder, and the trial court sentenced him to 25 years as a Violent Offender. In this appeal, the defendant alleges (1) the evidence was insufficient to sustain his conviction, and (2) the trial court erroneously admitted the defendant's custodial confession. We conclude that the defendant's initial arrest was without probable cause, and that the defendant's confession was obtained approximately 53 hours from his arrest without a judicial determination of probable cause. The defendant's confession was, therefore, erroneously admitted, and the error was not harmless. We reverse the defendant's conviction and remand for a new trial.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge W. Fred Axley & Judge James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 08/27/01 | |
| Meloney Carr vs. Grady Carr
W2000-02420-COA-R3-CV
This is a child custody case. The parties were separated in February 2000 and the father was awarded temporary custody of the parties' two minor children. After the trial, the mother was granted the divorce, but custody of the two children remained with the father. The father was required to pay rehabilitative alimony on the condition that the mother enroll in EMT classes. The mother appeals, asserting that the trial erred in denying a continuance when several of the mother's witnesses were unavailable to testify at the hearing, in awarding custody to the father, in making the rehabilitative alimony conditional on the mother enrolling in EMT classes and in the division of marital property. We reverse the award of custody to the father, modify the order on rehabilitative alimony, modify the division of marital property, and remand to the trial court to determine issues relating to child support.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George R. Ellis |
Haywood County | Court of Appeals | 08/27/01 | |
| James Moody vs. William Lea
W2000-02916-COA-R3-CV
This appeal involves a dispute over an oral contract to lease farming equipment. The agreement provided that the defendant could use the plaintiff's farming equipment for an amount to be determined by a formula. The defendant began farming his land, intending to plant cotton, when the Mississippi River rose and the backwater covered his property. Because the backwater remained on the land for such a long period of time, the defendant could no longer grow cotton; he had to grow soybeans instead. Subsequently, the defendant refused to pay the plaintiff the amount the plaintiff claimed under the contract, and the plaintiff sued. The trial court held that the contract was enforceable and that the defendant's performance was not excused by the doctrine of frustration of commercial purpose. The defendant appeals the ruling of the trial court. For the reasons below, we affirm in part, reverse in part, and remand the case to the trial court to modify the judgment.
Authoring Judge: Judge David R. Farmer
Originating Judge:R. Lee Moore Jr. |
Dyer County | Court of Appeals | 08/27/01 | |
| G. Kline Preston vs. Garrett Realty Service, Inc.
M2000-02350-COA-R3-CV
Davidson County -This matter comes to us on appeal from summary judgment granted due to Tennessee's lack of personal jurisdiction over Defendant. Plaintiff attempted to rent a condominium in Florida and sued Defendant in Tennessee for breach of contract after Defendant discovered a mistake in the quoted price and refused to rent the condo to Plaintiff for the quoted price. The circuit court determined that Tennessee had no personal jurisdiction over Defendant and dismissed the case. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 08/27/01 | |
| Jeanne Alice Gabel vs. Todd Edward Gabel
E2000-02585-COA-R3-CV
The trial court entered a default judgment against the defendant in this divorce case even though the defendant had filed an answer within the time frame set forth in Rule 12.01. We conclude that entry of the default judgment was not appropriate when the defendant timely filed an answer, and, therefore, vacate the judgment of the trial court.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Richard R. Vance |
Sevier County | Court of Appeals | 08/27/01 | |
| Tarrance Robinson vs. Neil Clement, et al
M2001-00365-COA-R3-CV
This appeal involves a state prisoner housed at the Riverbend Maximum Security Institution who was disciplined for possessing a deadly weapon. After exhausting his internal appeals, the prisoner filed a common-law writ of certiorari in the Chancery Court for Davidson County, alleging that the disciplinary proceedings had violated his due process rights. The trial court granted the State's motion to dismiss the petition. On this pro se appeal, the prisoner asserts that the trial court erred by dismissing his petition. We have determined that the prisoner's petition does not state a claim upon which relief can be granted and, therefore, affirm the trial court.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 08/27/01 |