Linda G. Johnson v. Mark Reineke, et al.
The Petitioner was discharged from her executive position as Director of the Lenoir City Housing Authority for misconduct connected with her employment. The Authority was awarded McKinney Act funds, an audit of which revealed that $156,000.00 of these funds were inappropriately expended, which led to the discharge of the Petitioner. |
Loudon | Court of Appeals | |
Linda Ward, Individually and as Natural Child and Surviving Next of Kin of Nellie M. Curlin, Deceased v. Ami Sub (SFH), Inc., et al.
This appeal arises from a medical malpractice action. The trial court awarded Defendant Luis A. |
Shelby | Court of Appeals | |
Patricia A. Dye and Roger L. Quillen, Co-Administrators of the Estate of Jimmy Doyle Dye, Deceased, et al. v. R. Louis Murphy, M.D., et al.
This appeal arises from the trial court’s award of summary judgment to the Defendant in a medical malpractice action. The trial court awarded summary judgment based on the statute of limitations. We affirm. |
Gibson | Court of Appeals | |
Roy V. Smith, II v. Grace Hutchison (Blair)
Father filed a petition for an initial determination of custody against the Mother. Father alleged that he was the fit and proper person for the custody of the child. Based on the evidence presented at trial, the juvenile court entered a judgment and permanent parenting plan which found that the Mother was more comparatively fit to continue serving as the primary residential caregiver. Father appeals the trial court’s judgment. We affirm. |
Dyer | Court of Appeals | |
Joseph Spivey v. Terry Page, et al.
This appeal involves a question of valuation of the shares of a withdrawing shareholder from a professional corporation. We reverse the trial court's determination that the shares had no value and hold that the valuation should have been made as of the date of withdrawal. We also hold that the withdrawing shareholder may recover the value of his shares from the sole remaining shareholder who removed the corporation's assets after the notice of withdrawal. |
Davidson | Court of Appeals | |
J.L. Mac-TN, Inc. v. - State of Tennessee, et al.
J.L. Mac-Tn, Inc. and the State contracted for J.L. Mac's provision of tire shredding services at the various county disposal facilities requiring those services. Subsequent to that contract, the state legislature established new procedures for tire disposal requiring the counties to find an end use for the shredded tires, and eventually prohibiting the land filling of shredded tires. The amount of services required of J.L. Mac under the contract were significantly reduced. J.L. Mac commenced this action seeking damages for alleged breach of the contract for shredding services. The Claims Commission granted summary judgment to the State. From that summary judgment J.L. Mac appeals. We affirm. |
Davidson | Court of Appeals | |
The Bradley Factor, Inc., v. Pat Holmes
In this action based on a personal guaranty agreement, the Trial Court determined there were no disputed issues of material fact and awarded summary judgment on the agreement. Defendant has appealed. We affirm. |
Bradley | Court of Appeals | |
Farmers Mutual of Tennessee v. Athens Insurance Agency, Charles W. Spurling and wife, Carolyn Spurling
In a declaratory judgment action by the insurance company, the Trial Court held insured was entitled to recover under the policy and awarded prejudgment interest and imposed bad faith penalty. We affirm in part and reverse in part. |
Bradley | Court of Appeals | |
Danny R. Blalock v. Carolyn S. Blalock
A mediated agreement provided that Husband would sell his one-half interest in Pigeon Forge property to Wife for $500,000.00, but if the purchase price was not paid in one year, the property would be sold at auction and the net proceeds divided. The property was sold at auction for $244,429.00, net. Wife claims this amount plus $255,271.00 and the trial court agreed. |
Sevier | Court of Appeals | |
Jason G. Gulvartian v. Shenna Hope Gulvartian
The Trial Court in this divorce action awarded child support for the two children of the parties and attorney's fees to the mother. The father appeals. We affirm, as modified. |
Loudon | Court of Appeals | |
Dominic Pellicano v. Metropolitan Government of Nashville and Davidson County
Plaintiff, who had a pre-existing herniated disk, was rear-ended in a vehicular accident seven weeks after the first injury. A diskectomy was performed six months later. Treating physician equivocated when asked whether the diskectomy was necessitated by the second injury, testifying, "maybe yes; maybe no." Trial court found that Plaintiff's need for surgery was caused by incident and awarded Plaintiff judgment against Defendant for all medical expenses related to the surgery, lost wages and pain and suffering. Plaintiff did not present sufficient proof to establish that incident was cause in fact of need for surgery for physician could not state with reasonable degree of medical certainty that need for surgery was the result of the incident. Further, lay testimony of Plaintiff and Plaintiff's brother was insufficient to prove cause in fact of Plaintiff's need for surgery. Accordingly, we reverse the trial court. |
Davidson | Court of Appeals | |
Fred Slaughter, et al., v. Laura Leigh Slaughter, et al.
In this appeal from the Chancery Court for Washington County the Appellant, Daniel Bruce Crowe, contends that the Chancery Court erred in finding Mr. Crowe and his attorney in contempt and in its award of attorney fees. We affirm and remand. |
Washington | Court of Appeals | |
Basil Marceaux v. The Citizen David Norton
Basil Marceaux (“Plaintiff”) filed this lawsuit against “The Citizen David Norton.” David Norton (“Defendant”) is the Soddy Daisy City Court Judge. Plaintiff brought this lawsuit because Defendant had found him guilty of violating the Tennessee Financial Responsibility Law and imposed a fine. Plaintiff claims these actions by Defendant violated his federal constitutional rights. The Trial Court dismissed Plaintiff’s complaint after concluding, inter alia, that Defendant was judicially immune. Plaintiff appeals, and we affirm. |
Hamilton | Court of Appeals | |
In re: M.E.A. by: Elizabeth Joy Argo Exum, et al. v. Kimberly Darlene Moody, et al.
This is an appeal of a termination of parental rights case. Appellant mother contends that the |
Madison | Court of Appeals | |
William W. York v. Tennessee Board of Probation and Parole
Appellant is an inmate of the Department of Corrections serving two life sentences for two first degree murder convictions with sentences imposed in 1978. He became eligible for parole, and on July 3, 2001, a hearing was held before the Tennessee Board of Probation and Parole. His application for parole was denied on July 3, 2001 and review of parole was set for July of 2011. Final disposition denying parole was entered October 2, 2001. On October 29, 2001, Appellant petitioned for a writ of certiorari in the Chancery Court of Davidson County, Tennessee, which petition was dismissed by the trial court on January 10, 2003. We affirm the trial court Order of Dismissal relative to the merits of the denial of parole but hold that postponement of parole review until July of 2011 was an arbitrary exercise of power by the parole board and, therefore, reverse the Order of the trial court. |
Davidson | Court of Appeals | |
Charles Beard, Sr., v. Florence E. Beard
Charles Beard, Sr. ("Father") filed a petition seeking to have primary residential custody of the parties' two children transferred from Florence E. Beard ("Mother") to him. In the alternative, Father sought a reduction in his child support payments. After a hearing, the Trial Court refused to change the custody arrangement, again designating Mother the primary residential parent. The Trial Court did not alter Father's child support payments. Father appeals. We affirm. |
Hamilton | Court of Appeals | |
Honnie Gunnoe, et al., v. Gerald Lee Lambert, et al., v. L.D. Simerly, et al.
Honnie Gunnoe and Virginia Ott Gunnoe ("Plaintiffs") sued their neighbors, Gerald Lee Lambert and Janice Lee Lambert ("the Lamberts") and L.D. Simerly and Geraldine Simerly ("the Simerlys") seeking, among other things, to quiet title to a parcel of land. After a bench trial, the Trial Court found, inter alia, that Plaintiffs did not own the land in question. Plaintiffs appeal. We affirm. |
Carter | Court of Appeals | |
Morgan Susanne Foxx v. Steven C. Bolden
Morgan Susanne Foxx (“Wife”) sued Steven C. Bolden (“Husband”) for a divorce. After a lengthy trial, the Trial Court granted the parties a divorce, divided the marital property, and awarded Husband $25,000 in attorney fees. Wife appeals claiming, among other things, that the Trial Court erred when it failed to classify any of Husband’s TVA funded retirement pension as marital property and equitably distribute it. Wife also claims the award of attorney fees to Husband was an abuse of discretion. We agree with Wife regarding the pension and, therefore, vacate the judgment as to the marital property division and remand this case to the Trial Court to determine how much of Husband’s TVA funded retirement pension is marital property and to make an equitable distribution of all the marital property, including this additional asset. We likewise vacate the award of attorney fees to Husband since the propriety of that award may be affected by the marital property distribution. We affirm the granting of the divorce. |
Blount | Court of Appeals | |
Karen Lee Haney Fletcher v. John Marc Fletcher
Husband-appellant appeals order of the trial court holding him in civil contempt and designating punishment and the order of the trial court denying motion to modify alimony order. The notice of appeal was filed 30 days from the date of the trial court’s order denying the motion to modify but the filing was approximately one year after the contempt order. On appeal, we dismiss the appeal of the contempt order as untimely and affirm the order denying modification. Tenn. R. App. P. 3; Appeal as of Right; Judgment of the Chancery Court Dismissed in Part, Affirmed in Part and Remanded W. FRANK CRAWFORD, P.J., |
Madison | Court of Appeals | |
B&L Corporation, v. Thomas and Thorngren, Inc., et al.
Plaintiff corporation sued former employees/officers alleging breach of non-compete |
Davidson | Court of Appeals | |
B&L Corporation v. Thomas and Thorngren, Inc. et al. James Edward McCrone - Partial Separate Concurrence
I concur fully with the majority’s well-reasoned opinion except in one respect. The majority concludes that the evidence preponderates against the trial court’s finding that B&L’s customer information, such as customer names, prices charged for services rendered, customer contract renewal dates and the identity of customer representatives, constituted confidential information. I disagree with the majority’s reasoning on this issue. |
Davidson | Court of Appeals | |
Sue Knighton v. Charles E. Hayes, Sr.
Appellee-wife of deceased spouse sued a notary public and his bonding company for damages resulting in the notary public’s taking the acknowledgment of the signature of wife’s imposter to a waiver of retirement benefits and completing the acknowledgment certificate. The trial court found that the notary public owed a duty of reasonable care which he breached resulting in damage to appellee-wife and entered judgment for wife. Notary public appeals. We affirm. |
Shelby | Court of Appeals | |
Zion Hill Baptist Church, Through its Trustees, v. Garry Taylor, et ux.
This case involves a dispute over the existence and location of two easements and a request for a mandatory injunction. The first disputed easement arises from the usage of the Plaintiff's property by adjacent owners and the second disputed easement arises from a transfer of property from the Defendants to Plaintiff. The trial court below found that only one of the disputed easements was before the court as an issue and found the easement existed over Plaintiff's land. In addition, the trial court did not issue, and made no findings regarding, the mandatory injunction requested by Defendants. For the following reasons, we affirm in part and remand. |
Rutherford | Court of Appeals | |
Jay Johnson, et al., v. Reed Welch, et al.
This appeal involves a business dispute with multiple claims for breach of three separate contracts. The trial court found Reed Welch and his company, S& S Screw Machine Company, Inc., in breach in various ways and awarded a total of $1,032,133.15 in damages to Jay and Gail Johnson, both personally and as the owners of Quality Metal Treating, Inc. We affirm in part and reverse in part the judgment of the trial court. |
Putnam | Court of Appeals | |
State of Tennessee, Department of Children's Services v. David Michael McBee, Sr., et al.
Father appeals the termination of his parental rights as to his two children. The parents are divorced and Mother's parental rights were also terminated; however, she did not appeal. As the trial court made no findings of fact in accordance with Tennessee Code Annotated section 36-1-113(k), we remand this case for a finding of facts by the trial court. |
Franklin | Court of Appeals |
