Sharon Kay Jackson v. Randall D. Jackson
This is a divorce case. The parties had a long-term marriage and their children are now adults. During the marriage, the husband worked in the telecommunications industry and the wife was primarily a homemaker. The parties’ marital estate consisted largely of real property. They had incurred a substantial debt to the Internal Revenue Service. After a three-day hearing, the trial court declared the parties divorced and ordered that the real property be sold to satisfy the debt owed to the IRS. The trial court equally divided the IRS debt and any remaining proceeds from the sale of the properties. The trial court also awarded the wife a lump sum judgment representing temporary support during the pendency of the action, ordered the husband to pay the wife transitional alimony for five years, and denied the wife’s request for attorney’s fees. The wife now appeals the division of the marital estate, the decision to make the alimony award transitional rather than in futuro, and the denial of her request for attorney’s fees. The husband appeals the amount of the alimony award and the judgment for temporary support awarded to the wife. We modify the alimony to award alimony in futuro instead of transitional alimony, and affirm the remainder of the trial court’s decision. |
Shelby | Court of Appeals | |
Dudley W. Taylor, D/B/A The Taylow Law Firm v. James Dalle, Katherine Dalle, Moshe Shloush, Clarence L. Hendrix and Robert Hickman
In this action for a judgment for fees for legal services rendered, the Trial Court entered Judgment for plaintiff and defendants appealed. We affirm. |
Knox | Court of Appeals | |
State of Tennessee Department of Children's Services v. F.R.G.
The trial court terminated the parental rights of F.R.G. (“Mother”) and R.K.B. (“Father”) with respect to their minor child, C.G.B. (“the child”) (DOB: December 31, 2003), upon finding, by clear and convincing evidence, that grounds for terminating their parental rights existed and that termination was in the best interest of the child. Mother appeals, arguing procedural defects in the trial court’s termination of her parental rights. We affirm. |
Sullivan | Court of Appeals | |
BFS Retail and Commercial Operations, LLC v. Charles Smith - Concurring
I concur with the court’s opinion. However, I have prepared this separate opinion to point specifically to the provisions of Mr. Smith’s employment agreement that undermine the summary judgment in this case. |
Davidson | Court of Appeals | |
Steve Wherry and Mary Hopkins, Co-Executors of the Estate of Margaret Archer, Deceased v. Union Planters Bank, N.A.
This case involves the alleged negligent administration of a trust. In 1964, the plaintiffs’ decedent established a $1.7 million trust and named herself as the sole beneficiary. The defendant bank was named as the trustee and was given sole discretion to manage the trust investments. From 1964 until the decedent’s death in 1999, the bank managed the trust fund and sent the decedent monthly statements describing the trust activities. When the trust terminated, it was worth approximately $880,000. The plaintiffs, co-executors of the decedent’s estate, brought this action on behalf of the estate for negligent administration of the trust, arguing that the bank negligently failed to maximize the rate of return on the trust assets. The bank filed a motion for summary judgment based on, inter alia, the doctrine of ratification, asserting that the decedent had ratified the bank’s management of the trust assets by failing to object to its decisions over the thirty-five-year life of the trust. The plaintiffs argued that the decedent was not sufficiently sophisticated in financial matters to ratify the bank’s actions. The trial court granted the bank’s motion for summary judgment. The plaintiffs now appeal. We affirm, concluding that, in light of the undisputed facts that the decedent was legally competent and was fully informed of the bank’s actions in managing the trust investments, the decedent’s level of sophistication in financial matters is immaterial. |
Shelby | Court of Appeals | |
Anesthesia Medical Group, P.C. v. Pamela Greer Chandler
The plaintiff medical group loaned money to the defendant nurse for tuition at a school that trained its students to become nurse anesthetists. As part of the arrangement, the student promised to work for the group for three years after graduation. Seven months prior to graduation, the student notified the group that she would not be able to work for it upon completion of her training. She paid the loan back with interest, but the medical group filed suit to enforce a $15,000 liquidated damages clause in the loan contract. The student then filed a motion for summary judgment, which the trial court granted. The court held that the sum demanded constituted an impermissible penalty rather than a valid provision for liquidated damages and, thus, that it was unenforceable as a matter of law. We reverse the grant of summary judgment to the student and affirm the denial of summary judgment to the medical group because we find that the undisputed facts do not show that either party is entitled to judgment as a matter of law. |
Davidson | Court of Appeals | |
Moss Service & Supply, Inc. v. Tommy F. Gragg, Jr., et al.
The defendants, homeowners, appeal an adverse jury verdict wherein the plaintiff, a heating, ventilation and air conditioning contractor, was awarded breach of contract damages plus discretionary costs. Finding no error, we affirm. |
Sumner | Court of Appeals | |
Melody Weston, Personal Representative, et al. v. Community Baptist Church of Wilson County
This case arises from a dispute between a church and the estate of one of its former members over money given by the former member and her spouse to enable the newly-formed church to pay off a loan on its property. The estate contended that the money was a gift subject to a condition subsequent, with return of the gift required in the event the church ceased existence. The church admitted that it had accepted the gift, but argued that it never accepted any conditions. The court took note of a church resolution that ratified the alleged condition and ruled in favor of the estate. We affirm. |
Wilson | Court of Appeals | |
Laura Johnson v. Clover Bottom Development Center, et al.
An employee of Clover Bottom Development Center appeals the summary dismissal of her action under the Tennessee Handicap Act. The employee alleged she was the victim of discrimination due to her medical limitations. The trial court dismissed the action finding the employee failed to show she sustained an adverse employment action, an essential element of her claim. We affirm. |
Davidson | Court of Appeals | |
Lisa Ann (Gallahaire) Cartwright v. Robert Howard Cartwright, Sr.
This is a divorce case involving the classification and division of marital property. The parties signed a prenuptial agreement. After they married, the parties operated a cattle and farming business, which was conducted in the wife’s name only. After three years of marriage, the wife filed a petition for divorce. A trial was held primarily on issues related to property distribution. The husband argued that the cattle and farming equipment was purchased with his separate funds and therefore was his separate property under the prenuptial agreement. The husband also alleged that the wife had discarded or destroyed numerous items of his separate property. The trial court found that the cattle and farming equipment was marital property and divided it equally, and declined to find the wife responsible for the items that had been discarded or destroyed. The husband now appeals. We affirm, concluding that the evidence does not preponderate against the trial court’s decision. |
Benton | Court of Appeals | |
Johnnie Mae Hall and Theresa Diane Jones, Co-Administrators for the Estate of Billy Wayne Jones, Deceased v. Andrew Stewart, et al.
This is a wrongful death case. On appeal, Ms. Theresa Diane Jones (Ms. Jones) and Ms. Johnnie Mae Hall (Ms. Hall) contend that two erroneous admissions of evidence unfairly influenced the jury’s award of damages for the wrongful death of Mr. Billy Wayne Jones (Mr. Jones). The jury found that Mr. Jones suffered damages in the amount of $100,000 but also found that he was 49% at fault. The jury’s verdict resulted in a net recovery of $51,000. Ms. Jones and Ms. Hall request a new trial of the action they instituted against Fullen Dock & Warehouse, Inc. (Fullen Dock), whose employee ran over Mr. Jones with a bulldozer, resulting in his death. Specifically, Ms. Jones and Ms. Hall argue that the trial judge abused her discretion in admitting evidence of Mr. Jones’s prior medical history during the cross-examination of their own medical expert and of Mr. Jones’s prior guilty plea and conviction for cocaine possession six years prior to his death. Finding no abuse of discretion, we affirm. |
Shelby | Court of Appeals | |
C & W Asset Acquisition, LLC, as Assignee of Chrysler First Financial Services Corporation v. Donald H. Oggs - Dissenting
I respectfully dissent from the majority’s opinion. I would reverse the Trial Court and |
Monroe | Court of Appeals | |
C & W Asset Acquisition, LLC, as Assignee of Chrysler First Financial Services Corporation v. Donald H. Oggs
In this suit for breach of contract, the assignee of a loan agreement alleged that the defendant was in default of the agreement and requested judgment for monies advanced, plus interest and attorney’s fees. The defendant denied owing the debt. The trial court found the plaintiff had failed to carry its burden of proof and dismissed the case. Upon our determination that the evidence does not preponderate against the finding of the trial court, judgment in favor of the defendant is affirmed. |
Monroe | Court of Appeals | |
In Re M.L.P.
B.R.P. (“Father”) was sentenced to serve eighteen years in prison when his daughter was six years old. The trial court terminated his parental rights based on Tenn. Code Ann. § 36-1-116(g)(6), which provides for the termination of parental rights of a person who is incarcerated under a sentence of ten years or more if that person’s child is under the age of eight at the time of sentencing. In this appeal, Father argues that Tenn. Code Ann. § 36-1-116(g)(6) is inapplicable because Father might not have to serve his entire sentence if he obtains postconviction relief. He also maintains that termination of his parental rights is not in the best interest of his daughter. After careful review of the evidence and applicable authorities, we hold that the possibility of postconviction relief is irrelevant to a trial court’s determination of whether the requirements of Tenn. Code Ann. § 36-1-116(g)(6) have been met. We further hold that the evidence does not preponderate against the trial court’s finding by clear and convincing evidence that termination of Father’s parental rights was in the best interest of his daughter. Therefore, we affirm. |
Knox | Court of Appeals | |
Kenyale Pirtle v. Tennessee Department of Correction
Upon review under common-law writ of certiorari, the trial court affirmed disciplinary actions against Petitioner/Appellant by the Tennessee Department of Correction. We affirm in part and remand. |
Lauderdale | Court of Appeals | |
Charles W. Darnell D/B/A European Service Werks v. Johnny W. Brown, et al.
Plaintiff appeals the trial court’s dismissal of Plaintiff’s action immediately following a hearing on Plaintiff’s motion for temporary injunction. We affirm in part, vacate in part, and remand for further proceedings. |
Shelby | Court of Appeals | |
Glenda White v. Fort Sanders-Park West Medical Center
Plaintiff sued her former employer on grounds of breach of contract, retaliatory discharge, and violation of the Tennessee Human Rights Act, as well as the Tennessee Public Protection Act. The Trial Court granted defendant summary judgment. Plaintiff appealed and we affirm the Trial Court. |
Knox | Court of Appeals | |
James Edward Williams v. Brent R. Watson, et al.
James Edward Williams and Gladys Pineda Williams were divorced on December 13, 2004, following a very contentious proceeding in the Chancery Court of Knox County. Mr. Williams filed the action at bar against his former attorneys and also against attorneys representing his former wife. He alleges against these attorneys various acts of tortious activities, malpractice and violation of the Tennessee Consumer Protection Act. The trial court dismissed all of his claims, and Mr. Williams appeals. We affirm the action of the trial court. |
Knox | Court of Appeals | |
Doris Britt v. Janny Russell Chambers
This is a boundary line dispute. The parties are adjacent landowners. In April 2003, a dispute arose between the parties over the exact boundary line between their properties. The plaintiff erected a seven-foot privacy fence on what she perceived to be the proper boundary line. The defendant dismantled the fence and removed it. The plaintiff brought this action for the trial court to set the appropriate boundary line and for damages related to the defendant’s removal of her fence. After a hearing, the trial court held in favor of the plaintiff, determining that the boundary line should be set according to a 1997 survey conducted when the plaintiff purchased her property and awarding the plaintiff damages for the removal of the fence. The defendant now appeals. We affirm, concluding that, in the absence of a trial transcript or a proper statement of the evidence, we must presume that the trial court’s decision was supported by the evidence. |
Hardeman | Court of Appeals | |
Paulette Dobbins v. Jeffery F. Dabbs, Jr., Jeanette Dabbs, Jeffery F. Dabbs, Sr., and Accredited Home Lenders, Inc., A California Corporation
This case involves accord and satisfaction. The defendants fraudulently transferred real property |
Henderson | Court of Appeals | |
State of Tennessee, ex rel. Julie Pollard v. James Casteleman
This is a petition for contempt for failure to pay child support. After a hearing, the trial court entered |
Gibson | Court of Appeals | |
James A. Carson v. The Challenger Corporation and Daniel R. Jones, M.D.
This case involves a commercial lease. During the lessor’s divorce, his wife brought suit against the tenant to collect its current rent payments. The wife claimed that the underlying realty was marital property and she was entitled to the rent. The husband-lessor filed a motion to intervene in that case, but the trial court never addressed his motion. The husband signed some consent orders in the case and filed a motion on his own behalf, but he was never formally named as a party. After that case had concluded, the husband brought suit against the tenant for past due rent and other damages under the lease. The tenant claimed that his suit was barred by res judicata and collateral estoppel, but the trial court disagreed. After the trial court entered a judgment for the husband-lessor, the tenant appealed to this Court. For the following reasons, we affirm. |
Shelby | Court of Appeals | |
Debra Jane Grey v. Bobbie Lee Brooks
Bobby Lee Brooks has appealed, seeking dismissal of an Order of Protection entered by the Trial Court. No record of the evidence has been filed. We affirm the Trial Court. |
Knox | Court of Appeals | |
Angie Sorhagen v. Williamson County Animal Shelter, a Division of the Williamson County Government
The plaintiff filed this action against Williamson County alleging the County failed and/or refused to return her dog and cat for which she sought monetary damages. The County filed a Tenn. R. Civ. P. 12.02(6) motion to dismiss, contending the negligence claim asserted pertained to a discretionary function for which the County was immune from suit under the Tennessee Governmental Tort Liability Act. The trial court granted the motion to dismiss. Finding no error, we affirm. |
Williamson | Court of Appeals | |
Lyn S. Summers v. Christopher J. Ryan
In this interlocutory appeal, the issue we address is which trial court – the Rhea County Family |
Rhea | Court of Appeals |
