Please enter some keywords to search.
| Christopher Farley vs. Carrolle Farley
W2000-01987-COA-R9-CV
This appeal involves a change of custody motion filed by Mother in the chancery court which had previously entered a divorce decree awarding joint custody of the minor child, with primary physical custody with Father. The chancery court dismissed the motion, holding that it had no jurisdiction to hear a change of custody motion by virtue of a previously filed petition in juvenile court to declare the child dependent and neglected, which petition was dismissed by the juvenile court. Mother was granted an interlocutory appeal. We vacate and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George R. Ellis |
Crockett County | Court of Appeals | 06/21/01 | |
| Melissa Jane (Nichols) Steen vs. Evans Harrington Steen
M2000-00313-COA-R3-CV
In this custody case the General Sessions Court of Wilson County changed its custody order from joint care and control with primary custody in the father to exclusive custody in the father and standard visitation to the mother. The record shows, however, that the mother has had primary custody of the children since the divorce and that both parties are fit parents. They each love the children and take good care of them. Under those circumstances, we hold that there is a presumption in favor of continuity of placement. Therefore, we reverse the lower court's order and grant primary custody to the mother.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ben H. Cantrell |
Wilson County | Court of Appeals | 06/21/01 | |
| Donald Andrews vs. Barbara Andrews
M2000-00163-COA-R3-CV
In this post-divorce case, each party sought modification of the child support order. The obligor father sought a decrease based on the older child's eighteenth birthday and graduation from high school. The obligee mother sought an increase based upon her belief that the father's income had increased. The trial court ordered a decrease based upon the older child's emancipation, but increased the amount due for the remaining minor child. The mother appeals, contending that the trial court failed to consider some of the father's work related benefits when setting the support. Because the mother had the burden of proving additional income to the father, and because she failed to meet that burden, we affirm the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 06/21/01 | |
| Brenda Hinton vs. Carey Stephens
W2000-02727-COA-R3-CV
This appeal arises from a dispute between relatives over a parcel of real property. Although the parties executed a contract which stated that the purchase price was due in one year, the parties disregarded the contract language for eleven years. The trial court ruled that the parties had acquiesced in the extension of the contract and that they were now estopped to deny the contract's validity. As a result, the trial court ordered that the home be sold as per the terms in the contract. For the following reasons, we affirm the judgment of the trial court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Martha B. Brasfield |
McNairy County | Court of Appeals | 06/21/01 | |
| Ronald Robinette vs. Mark Johnson
M2000-01514-COA-R3-CV
This appeal involves a dispute over a promissory note. The jury below found for the Plaintiff. We affirm the trial court and remand for a determination of reasonable attorneys' fees incurred by Plaintiff with respect to this appeal.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 06/21/01 | |
| Susan Wilson vs. Rushton Patterson
W2000-02771-COA-R3-CV
This is a medical malpractice case. Plaintiffs, husband and wife, sued defendant physician for injuries allegedly caused to wife by the physician's negligence. Physician moved for summary judgment supported by his affidavit that he conformed to the required standard of care. Plaintiffs, in opposition to the summary judgment, filed a deposition and affidavit of a physician practicing in Kentucky that expressed his knowledge of the standard of care in Memphis and similar communities. Physician moved to strike the affidavit primarily on the ground that plaintiffs' physician expert did not show a familiarity with the standard of care in Memphis, Tennessee. The court granted the motion to strike the affidavit and also granted summary judgment to defendant physician. Plaintiffs appeal. We reverse and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 06/21/01 | |
| Betty Vestal vs. Thomas Lawler
W2001-00013-COA-R3-CV
Buyer, under warranty deed, sued seller for breach of warranty against encumbrances after receiving notice of trustee's sale pursuant to deed of trust encumbering the property. Seller answered the complaint and filed a third party complaint against the lawyer he retained to perform a title search, which search failed to show the deed of trust. The third party defendant filed a counter complaint against the seller. The trial court granted the buyer judgment on the pleadings against seller, dismissed seller's third party complaint, and granted third party defendant summary judgment against seller. Seller appeals. We reverse in part and modify in part.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Clayburn L. Peeples |
Gibson County | Court of Appeals | 06/21/01 | |
| Berta Lee vs. Daniel Lee
W2000-01918-COA-R3-CV
This is a divorce case in which wife/mother was awarded custody of the parties' only minor son. Husband/father, acting pro se, appeals the trial court's decision with regard to the award of custody, the division of a retirement account, and attorney fees. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 06/21/01 | |
| Judith Greer vs. Edwin Greer
W2000-02881-COA-R3-CV
This appeal arises out of a divorce action filed by the parties in Benton County, Tennessee. Edwin Daniel Greer ("Husband") appeals the trial court's decision awarding the parties' marital residence to Judith Diane Greer ("Wife"), ordering Husband to pay rehabilitative alimony for four years, and awarding attorney's fees to Wife. We reverse the trial court's decision awarding the marital residence and the adjoining 9.4 acres to Wife and remand for further action by the trial court. We affirm the trial court's decision awarding Wife rehabilitative alimony and an attorney's fee of $3,000.00. We remand the case to the trial court for the amount and duration of rehabilitative alimony.
Authoring Judge: Judge Robert L. Childers
Originating Judge:Ron E. Harmon |
Benton County | Court of Appeals | 06/21/01 | |
| K-Testing Lab, Inc., v. Estate of Larry Kennon, Brenda L. Kennon, Executrix
02A01-9703-CH-00064
At issue in this case is a stock redemption agreement executed by the owners of a closelyheld corporation. The Chancellor issued a mandatory injunction instructing the holder of the stock certificates to abide by the stock redemption agreement and turn over the shares to the corporation, and the holder appealed. We affirm in part and reverse in part.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor D. J. Alissandratos |
Shelby County | Court of Appeals | 06/20/01 | |
| Wilma Lucchesi v. Alcohol And Licensing Commission Of
CH-00-1368-3
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 06/20/01 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Supreme Court | 06/20/01 | ||
| Bobbie Read, v. Home Depot, USA, Inc.
01A01-9803-CV-00121
This is a premises liability case in which the captioned plaintiff tripped over an obstruction in the aisle of a retail store. The Trial Court rendered summary judgment for the store because the obstruction was open and obvious. Plaintiff has appealed and presented the following issues:
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Cornelia A. Clark |
Williamson County | Court of Appeals | 06/20/01 | |
| Jack Coleman vs. City of Memphis
W2000-02865-COA-R3-CV
This appeal arises out of a dispute over an annexation ordinance passed by the City of Memphis. The trial court granted summary judgment to Defendants due to its finding that Plaintiffs did not properly file a complaint contesting the annexation ordinance. For the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 06/20/01 | |
| Virgil L. Hitchcock and Shirley R. Hitchcock, v. Allen S. Boyd, Jr., M.D., James D. Acker, M.D., and Semmes-Murphy Clinic, Inc., et al.
02A01-9705-CV-00107
In this medical malpractice case, the plaintiff alleges that counsel for the defendants committed misconduct during the trial and appeals the trial court’s denial of the plaintiff’s motion for a new trial. We affirm.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge D'Army Bailey |
Shelby County | Court of Appeals | 06/20/01 | |
| Marie Puckett, et al v. Palma Diane Harrison and Tammy Harrison Kincer
02A01-9708-CH-00184
This appeal involves a divorced couple who decided to forego certain provisions in 2 their marital dissolution agreement concerning ownership of the marital residence without the consultation of counsel or the court. This matter began as a divorce action in the Chancery Court of Weakley County, Tennessee, and was styled: Palma Diane Harrison vs. Robert E. Harrison. Robert (“decedent”) and Palma Diane Harrison (“appellee”) entered into a Marital Dissolution Agreement on June 27, 1994. The divorce was granted on September 12, 1994, and the final decree of divorce incorporated the Marital Dissolution Agreement therein. In pertinent part, the Marital Dissolution Agreement provided:
Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor William Michael Maloan |
Weakley County | Court of Appeals | 06/20/01 | |
| Vann Stiffler vs. Kroger Co.
W2000-02200-COA-R3-CV
This is a premise liability action arising from an incident wherein Mrs. Stiffler was struck in the back by shopping carts, knocked to the floor, and sustained injuries as a result of the fall. At trial, the jury awarded Mrs. Stiffler $75,000 and awarded $5,000 to Mr. Stiffler on his loss of consortium claim. Kroger filed a motion to set aside the verdict, for a new trial, or, alternatively, for remittitur. The trial court denied Kroger's motion, and this appeal ensued. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 06/20/01 | |
| Emanuel Lewis vs. Dr. Dwight Moore
W2000-02682-COA-R3-CV
This appeal involves a claim of medical malpractice. The plaintiff's minor child suffered brain damage during delivery. The only remaining defendants, Dr. Moore and Dr. Lawrence, moved for summary judgment, which the trial court granted. Plaintiff appeals. For the following reasons, we affirm the trial court's grant of summary judgment to defendants.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 06/20/01 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Supreme Court | 06/20/01 | ||
| Susan Weiss vs. State Farm
W2000-02506-COA-R3-CV
The Weisses procured supplemental insurance from State Farm through its agent, Mr. Brooks. In procuring such insurance, Mr. Weiss rejected uninsured/underinsured motorist coverage. Mrs. Weiss was involved in an automobile accident wherein she sustained damages exceeding the amount covered by her insurance policy. As the other driver involved in the accident was either uninsured or underinsured, the Weisses sought recovery from State Farm. State Farm denied the claim, determining that the Weisses did not have coverage under their umbrella policy. The Weisses brought an action against State Farm and Mr. Brooks. State Farm and Mr. Brooks filed a motion for summary judgment, which the trial court granted. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 06/20/01 | |
| In the matter of Katherine C.
W2000-01714-COA-R3-CV
The trial court terminated the parental rights of Mother upon a finding that the grounds for termination were proven by clear and convincing evidence and that termination was in the minor child's best interests. We affirm the judgment of the trial court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Christy R. Little |
Madison County | Court of Appeals | 06/20/01 | |
| William Roberts vs. L. Land Bicknell
W2000-02514-COA-R3-CV
In this medical malpractice case, patient and wife sued physicians and their professional association for damages resulting from defendants' negligence, deviation from applicable standard of care, and lack of informed consent. The trial court granted defendants a partial summary judgment for all claims concerning incidents that occurred more than one year prior to the date suit was filed, as barred by the statute of limitations. Subsequently, the trial court granted summary judgment on the merits as to all remaining claims. Plaintiff appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Appeals | 06/19/01 | |
| Cliffer Saulsberry vs. Labcorp
W2000-02826-COA-R3-CV
Plaintiff truck driver was required to submit to a random urine drug test pursuant to his employer's drug policy and mandatory Department of Transportation (DOT) guidelines. After the specimen tested positive for the presence of cocaine metabolites, plaintiff was discharged from his employment. Plaintiff sued the laboratory that conducted the test, alleging negligence in the testing procedure that resulted in a false report. The trial court granted the laboratory summary judgment, and plaintiff appeals. We reverse.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 06/19/01 | |
| Frank Donovan vs. National Bank
W2000-03064-COA-R3-CV
This is a breach of contract case. The defendant bank hired the plaintiff as a consultant to contact supermarkets about placing branch banks in their stores. In August 1988, the parties signed a written consulting contract which expired by its own terms in November 1988. In that contract, the plaintiff was to receive a salary plus $2,000 for each branch bank placed in a store as a result of his efforts. This contract expired, but the plaintiff continued to work for the bank for about ten years with no other written agreement. The plaintiff was never paid the $2,000-per-store bonus. In 1990, the plaintiff asked the bank to pay the $2,000-per-store bonus, and this request was ignored. The plaintiff's employment was terminated in 1998. In May 1999, the plaintiff sued the bank for breach of contract, claiming that they owed him the $2,000-per-store bonus under the original contract. The trial court granted the bank summary judgment based on the applicable statute of limitations. The plaintiff now appeals. We affirm, finding that the cause of action accrued, at the latest, in 1990 when the plaintiff requested the bonus and his request was ignored.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 06/19/01 | |
| Gary Leon Cureton v. State of Tennessee
E2000-01638-CCA-R3-PC
On May 21, 1999, Gary Leon Cureton, the Petitioner and Appellant, pled guilty in the Greene County Criminal Court to two counts of rape and two counts of sexual battery and waived his right to appeal. Following the guilty plea, the trial court sentenced the Petitioner to serve seventeen years incarceration. On May 25, 2000, the Greene County Court Clerk received a post-conviction petition from the incarcerated pro se Petitioner and stamped the document to indicate that it had been filed on that date. On June 2, 2000 the trial court issued a preliminary order dismissing the petition on the ground that it was not timely filed. On June 12, the trial court received a pro se motion to reconsider the dismissal of the petition, but the trial court denied the motion on June 19, 2000. On August 2, 2000, this Court ordered the trial court to address the Petitioner's request for the appointment of counsel, and the trial court subsequently appointed counsel to assist with the Petitioner's appeal. The Petitioner appeals the trial court's dismissal of his petition and subsequent denial of his motion to reconsider, arguing that he carried his burden of proving that the petition was timely filed. Because the Petitioner was never afforded an opportunity to prove that he timely filed his petition, we remand for a hearing to determine whether the Petitioner's petition was timely filed.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge James E. Beckner |
Greene County | Court of Criminal Appeals | 06/19/01 |