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| Leon Williams General Contractor, Inc. vs. Hugh Hyatt
E2001-00434-COA-R3-CV
In this consolidated appeal Leon Williams General Contractor, Inc., and Leon Williams, individually and d/b/a Old World Cabinets appeal orders denying their demands for arbitration. We reverse the order of the Chancery Court denying the demand for arbitration filed by Leon Williams General Contractor, Inc. and affirm the order of the Circuit Court denying the demand for arbitration filed by Leon Williams, individually and d/b/a Old World Cabinets.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 12/11/01 | |
| Daniel B. Taylor v. Donal Campbell
M2001-00479-COA-R3-CV
This appeal involves a dispute between a prisoner and the Department of Correction regarding the prisoner's sentence credits. After his request for a declaratory order was denied, the prisoner filed suit in the Chancery Court for Davidson County against the Commissioner of Correction and others seeking a declaration that the Department had miscalculated his sentence and had erroneously refused to classify him as a Range I especially mitigated offender. The trial court granted the Department's motion for summary judgment and dismissed the petition. We concur with the trial court's conclusion that the Department is entitled to a judgment as a matter of law and, accordingly, affirm the summary judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 12/11/01 | |
| Mary Henry vs. Obstertrics and Gynecology Consultants
E2001-01246-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 12/11/01 | |
| Susan Whiton vs. Alan Whiton
E2000-00467-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Ben W. Hooper, II |
Sevier County | Court of Appeals | 12/11/01 | |
| State ex rel. Margaret Holtsinger vs. Jack Elrod
E2001-00257-COA-R3-CV
These parties were divorced in May 1996. Custody of their children was awarded to Wife. The oldest child, Catherine, DOB July 14, 1981, was mentally and physically afflicted. Support was awarded as the Guidelines direct. Father filed a petition to modify the judgment by eliminating the support requirement for Catherine, who reached her majority. The Chancellor held that the duty of support of the afflicted child was a continuing one. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 12/10/01 | |
| Cheryl Ann Cupples, v. Luther Wayne Cupples
02A01-9408-CH-00193
This divorce action involves dissolution of the 25 year marriage between Appellant, Cheryl Ann Cupples ("Wife"), and Appellee, Luther Wayne Cupples ("Husband"). Wife filed for divorce in September 1992, citing irreconcilable differences and inappropriate marital conduct. Husband counterclaimed for divorce alleging inappropriate marital conduct. Both parties sought custody of their minor son, Jonathan, age 10 at the time of trial.1 On appeal, Wife cites as error the trial court's award of an absolute divorce and custody of the child to Husband, its failure to award her alimony and its division of the marital estate. For reasons hereinafter expressed, we affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor Joe C. Morris |
Chester County | Court of Appeals | 12/10/01 | |
| Boyd's Creek Enterprisesl vs. Sevier County
E2001-01975-COA-R3-CV
These beer permit cases were consolidated for trial, with a common issue: whether the proposed sale location was located within 2000 feet of a "public gathering place," and if so, whether the restriction was waived, owing to a discriminatory practice.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Telford E. Forgerty, Jr. |
Sevier County | Court of Appeals | 12/10/01 | |
| Vandal Doss v. Tennessee Farmers Mutual Ins. Co.
M2000-01971-COA-R3-CV
This is an appeal from the Judgment of the Chancellor for Sumner County, Tennessee, dismissing Vondal Doss's Complaint against Tennessee Farmers Mutual Insurance Company, alleging breach of contract for failure to make payment for medical expenses pursuant to the medical payment coverage contained in two insurance policies and the Defendant's Counter-Complaint for subrogation. Doss had suffered a personal injury as a result of an auto accident which occurred on April 8, 1993 involving a third-party tort-feasor. Plaintiff/Appellant filed a Motion to Appeal on August 2, 2000. The Judgment of the Chancellor is affirmed on all counts. Doss's claim for additional post-settlement medical payments is denied as a result of the execution of the Release and Order of Compromise and Settlement which extinguished Tennessee Farmers' subrogation rights. Tennessee Farmers' claim for reimbursement is denied. Costs of this Appeal are assessed to the Appellant.
Authoring Judge: Judge Don R. Ash
Originating Judge:E. Gray |
Sumner County | Court of Appeals | 12/10/01 | |
| John Warfield, et ux vs. Carlos Lowe, et al
E2001-01042-COA-R3-CV
Plaintiff sought to establish insurance coverage for his injuries under his employer's policy. The Trial Judge declared no coverage. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 12/10/01 | |
| Janet Harper, et al. v. Keith Churn, et al.
M2000-02353-COA-R3-CV
This is a personal injury case arising from a vehicular collision. The plaintiffs, the Harpers, and the defendants, Mr. Churn and Mr. Beard, along with several others, were traveling together in a rented vehicle at the time of the collision. Mr. Churn was the driver of the vehicle; Mr. Beard was the pastor of the parties' church. At trial, the Harpers asserted that Mr. Churn was negligent in his operation of the vehicle. Additionally, the Harpers claimed that Mr. Beard was vicariously liable for their injuries, or in the alternative, that Mr. Beard was liable under the theory of negligent entrustment. The trial court granted Mr. Beard's motion for a directed verdict, and the jury found in favor of Mr. Churn. The Harpers appeal both decisions. We affirm the judgment of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 12/10/01 | |
| People's Bank of Elk Valley, v. American Bankers Financial Services, Inc., et al.
01A01-9506-CV-00260
Plaintiff, People's Bank of Elk Valley ("People's Bank"), appeals from the trial court's order granting summary judgment to defendant, American Banker's Financial Services, Inc. ("American") and dismissing People's Bank's complaint.
Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Lee Russell |
Lincoln County | Court of Appeals | 12/10/01 | |
| 2001-00729-COA-R3-CV
2001-00729-COA-R3-CV
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 12/10/01 | |
| American Child Care, Inc. v. Dept. of Human Services, et al.
M2000-01790-COA-R3-CV
This appeal arises from the trial court's denial of appellant American Child Care, Inc.'s, request for attorney's fees resulting from an administrative action in which appellant's license was suspended and later reinstated. The trial court later granted appellee summary judgment on all issues, including attorney's fees. We reverse the trial court's decision denying the appellant's application and remand to the trial court to set a reasonable fee for the appellant.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 12/10/01 | |
| Guy Wilson, et al. v. Thompson Const. Co., et al.
M2000-03200-COA-R3-CV
This is a suit by Guy Wilson and his wife Rhessa, owners of a building in Gallatin, Tennessee, against their general contractor in the construction of an addition to the building and against their electrical subcontractor. The complaint charges negligence in the use of a defective fiberglass ladder that broke as Guy Wilson was climbing on it to inspect the work. The trial court held that the general contractor, Thompson Construction Company, had breached no duty of care to Plaintiffs and that the electrical contractor, Gary R. Boyd, was an independent contractor for whose alleged negligence Thompson Construction Company was not vicariously liable. On such basis, the trial court granted summary judgment to Thompson Construction Company on all issues and, pursuant to Tennessee Rules of Civil Procedure 54.02, entered final judgment on all issues in favor of Thompson Construction Company. Plaintiffs appeal, and we affirm the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:C. L. Rogers |
Sumner County | Court of Appeals | 12/10/01 | |
| Cynthia Long vs. City of Maryville
E2001-00908-COA-R3-CV
Upon remand from this Court, the Trial Court entered Judgment for defendant in this slip and fall case. On appeal, we reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 12/10/01 | |
| Charles Hardy, et al. v. Robert Miller, et al.
M1998-00940-COA-R3-CV
This appeal involves a dispute among members of a joint venture regarding their rights under suretyship agreements each member signed to guarantee a loan to the joint venture. After the joint venture defaulted, the bank looked to the members of the joint venture for payment of the debt. After three members of the joint venture paid the bank more than their prorated share of the debt, they filed suit in the Chancery Court for Davidson County against a former member, seeking contribution for the amount they had paid in excess of their prorated share. The former member counterclaimed, seeking to recover the payments he had made to the bank on the joint venture's debt. Following a bench trial, the trial court concluded that the members were co-sureties, awarded the three members a $150,145.10 judgment against the former member, and denied the former member's counterclaim. The former member appealed, arguing that his former co-venturers lost their right to contribution when they expelled him from the joint venture and that he is entitled to be reimbursed for the payments he made to the bank on the joint venture's debt. We have determined that each member of the joint venture agreed to be severally liable to the bank for the joint venture's debt and, therefore, that the members were not entitled to contribution from the former member. We have also concluded that the trial court correctly dismissed the former member's counterclaim.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 12/10/01 | |
| John Jaco v. Department of Health Bureau of Medicaid
01-A-01-9507-CH-00285
This appeal involved judicial review of an administrative decision regarding the denial of petitioner’s application for benefits for care at a nursing home facility. The chancellor granted the motion to dismiss of the Department of Health, Bureau of Medicaid (?respondents” or by name) on the ground that the trial court did not have subject matter jurisdiction due to the failure of petitioner1 to cause a summons to be properly issued and served on the Department within the sixty (60) day time limit specified in T.C.A. § 4-5-322(b)(1). The sole issue presented for review by this court is whether the chancellor erred in dismissing petitioner’s suit for judicial review for lack of subject matter jurisdiction. We find no error and affirm.
Authoring Judge: Judge Hewitt P. Tomlin
Originating Judge:Chancellor Robert S. Brandt |
Davidson County | Court of Appeals | 12/10/01 | |
| William Patrick Varley, Jr., v. Pamela Dawn Varley
01A01-9511-CV-00498
This is a divorce action wherein the appellant, Pamela Dawn Varley (Wife), appeals from the final decree which awarded a divorce and sole custody of the parties’ three minor children to Appellee, William Patrick Varley, Jr. (Husband). The children are Bridget Marie, born December 14, 1988, William Patrick Varley, III, born January 23, 1991 and Sadie Ellen Varley, whose date of birth is June 30, 1992. The decree also fails to award Wife alimony.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Muriel Robinson |
Davidson County | Court of Appeals | 12/10/01 | |
| In re: Estate of M.L. Wakefield, Deceased
M1998-00921-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 12/10/01 | |
| State of Tennessee v. Jared M. Barnes
E2001-00325-CCA-R3-CD
The defendant, Jared M. Barnes, was convicted upon his guilty plea for vehicular homicide by recklessness, a Class C felony. The trial court sentenced him as a Range I, standard offender to five years, with ten months, day for day, to be served in the county jail and the remainder of the sentence to be served on probation. In addition, the trial court suspended the defendant's driving privileges for five years and ordered that he complete five hundred hours of community service. The defendant appeals his sentence, contending that the trial court erred in denying him judicial diversion or full probation. We affirm the trial court's denial of judicial diversion and full probation, but hold that the order that the defendant serve his ten-month incarceration day for day does not preclude use of applicable conduct credits.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Richard R. Vance |
Sevier County | Court of Criminal Appeals | 12/10/01 | |
| Jo Anne Hofmeister v. John Hofmeister
M2000-00363-COA-R3-CV
A series of post-divorce petitions resulted in a hearing on July 22, 1999 in which no witnesses were called nor any sworn testimony offered. Based on the petitions, the answers, and the statements of counsel, the court modified the final decree of divorce with respect to the husband's obligations to pay the wife's medical insurance premiums, medical expenses, and life insurance premiums. The court also denied the wife's petition for post-judgment interest on a payment to the wife that had been ordered in the final decree. The wife appeals on the grounds that (1) there were no pleadings or proof justifying the amendments and (2) the court erred in not granting her petitions. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 12/10/01 | |
| Thomas Stubblefield vs. Monique Stubblefield
E2001-01433-COA-R3-CV
Husband appeals the Trial Court's allocation of the parties' marital estate in this divorce action. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:William R. Brewer |
Blount County | Court of Appeals | 12/10/01 | |
| Anthony Myers, et al. v. Allen Bryan, III
M2000-03188-COA-R3-CV
This case originated as a suit against a subdivision developer, W. Allen Bryan, III, ("Bryan"), for fraud, negligent misrepresentation, and violation of the Tennessee Consumer Protection Act, all predicated on the failure of a subdivision plat plan to reflect an existing drainage easement. Thereafter, Bryan filed a third-party complaint seeking indemnification from the surveyor who prepared the plat plan, Ragan-Smith, Associates, Inc. ("Ragan-Smith"), in the event Bryan was cast in judgment. On this Tenn. R. App. P. 54.02 appeal, we are presented with the issue of whether Bryan's cause of action for failure to reflect the drainage easement on the plat plan is barred by the four-year statute of repose for surveying errors. The court below granted Ragan-Smith summary judgment, finding that Bryan's claim is barred by the aforesaid statute of repose. Bryan appeals, arguing that Ragan-Smith is not entitled to summary judgment because, according to Bryan, the omission of the drainage easement is an engineering error, not a surveying error, and hence, so the argument goes, the subject claim is not barred by the four-year statute of repose for surveying errors. In the alternative, Bryan argues that even if the failure to reflect the drainage easement on the plat plan is a surveying error, his third-party complaint was timely filed. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 12/10/01 | |
| In re: Estate of M.L. Wakefield, Deceased
M1998-00921-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 12/10/01 | |
| Forrest Cate Motor v. Dealer Computer Services
M2001-01577-COA-R3-CV
Plaintiff appeals a declaratory judgment wherein the trial judge held that the mandatory arbitration provisions in the contract between the parties controlled and declared accordingly. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Buddy D. Perry |
Sequatchie County | Court of Appeals | 12/10/01 |