In the Matter of: CAF M2002-00516-COA-R3-JV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Nolan R. Goolsby
The trial court terminated the parental rights of the mother and the biological father of a three-year-old girl. It ruled, however, that there were no legal grounds to terminate the parental rights of another man who had signed a voluntary acknowledgment of paternity, but who admitted that he was not the actual father. We affirm the trial court's actions as to the child's biological mother and father, but reverse as to the other respondent.
Putnam
Court of Appeals
Amy Butler v. Michael Butler M2002-00347-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Muriel Robinson
The mother of a minor child, as custodial parent, appeals the action of the trial court in denying her application to relocate with the child from the Nashville area to the Dallas-Ft. Worth, Texas area pursuant to Tennessee Code Annotated section 36-6-108(d). We affirm the action of the trial court.
Davidson
Court of Appeals
Lance Grigsby, et al vs. City of Plainview E2004-01644-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Billy Joe White
East Tennessee Pioneer Oil Company owned and operated a Spur convenience store in Plainview, Tennessee. As part of a bankruptcy proceeding, the Spur was sold at public auction. Potential purchasers were informed prior to the sale that the Spur was being sold with an active beer permit so long as the purchaser retained Wanda Cherry Evans ("Evans") as manager. In September of 2002, Lance and Lori Grigsby purchased the Spur, retained Evans as manager, and continued to sell beer after renaming the store the All American Market and Deli. On February 20, 2003, the beer board (the "Board") for the City of Plainview voted to revoke the beer permit. On July 3, 2003, the Grigsbys and Evans ("Plaintiffs") filed a complaint requesting the Trial Court grant a writ of certiorari and review the action of the beer board in revoking the beer permit. The City of Plainview (the "City") filed a motion to dismiss claiming that the Trial Court lacked subject matter jurisdiction because the complaint was not filed within sixty days from the entry of the Board's order or judgment and, therefore, the complaint was time barred. The Trial Court agreed and dismissed the complaint. We vacate the judgment of the Trial Court and remand for further proceedings.
Union
Court of Appeals
W2002-01746-COA-R3-CV W2002-01746-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: William B. Acree
Geraldine Miles vs. John Walsh W2002-00234-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Robert L. Childers
This appeal arises from a medical malpractice action. Sitting without a jury, the trial court found plaintiffs had failed to prove defendants' conduct fell below the standard of care. The trial court accordingly entered judgment for defendants. We affirm.
Shelby
Court of Appeals
CH-00-1102-3 CH-00-1102-3
Trial Court Judge: D. J. Alissandratos
Shelby
Court of Appeals
CH-01-1559-3 CH-01-1559-3
Trial Court Judge: D. J. Alissandratos
Shelby
Court of Appeals
Cinderella Osborne vs. Mountain Life Ins. E2002-01023-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: John K. Wilson
This appeal raises a question of coverage under a policy of credit life insurance. The Plaintiff, Cinderella Ferrell Osborne, brought this action against Mountain Life Insurance Company ("Mountain Life"), alleging that it wrongfully denied her claim under a credit life insurance policy on the life of her deceased husband, Kenneth Scott Osborne. The Trial Court granted Mountain Life's motion for summary judgment, finding that Mr. Osborne died within six months after the effective date of coverage, from a disease for which he received medical treatment within six months of the effective date of the insurance. The Court held that these facts triggered a limitation of liability provision in the policy, which limited Ms. Osborne's recovery to the premium paid. We reverse the judgment of the Trial Court.
Hawkins
Court of Appeals
Jennifer Norman v. Steven Norman M2001-01281-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Muriel Robinson
This appeal is the culmination of a lengthy and bitter child support battle. When the parties were divorced in 1994 by the Law Court for Washington County, the wife was awarded custody of their child, and the husband was required to pay child support. The court also approved the parties' marital dissolution agreement that, among other things, provided for annual child support adjustments and obligated the husband to provide the wife with a copy of his annual federal income tax return. The case was transferred to the Circuit Court for Davidson County after the wife and child moved to Nashville. In November 1999, the mother requested the trial court to increase child support and to hold the husband in contempt for failing to provide her copies of his tax returns. Following a bench trial, the trial court not only increased the child support prospectively but also awarded the wife $19,026 in retroactive child support back to 1996. The husband asserts on this appeal that the trial court erred by awarding retroactive child support. We have determined that the trial court did not err by awarding child support back to 1996 because the wife had filed a motion to modify child support in 1996 that had never been acted upon. Accordingly, we affirm the judgment.
Davidson
Court of Appeals
Frank Fly v. Simple Pleasures M2002-01385-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: J. S. Daniel
Landlord appeals an Order granting summary judgment to Tenant on the effect of a holdover tenancy after the expiration of the term of the lease. We affirm the judgment of the trial court.
Rutherford
Court of Appeals
Bellsouth BSE v. Tennessee Reg. Authority M2000-00868-COA-R12-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
BellSouth BSE, Inc. appeals from an order of the Tennessee Regulatory Authority denying BSE's application for certification as a competing local exchange company in those areas where BSE's affiliate, BellSouth Telecommunications, is the incumbent provider of local services. Because the TRA denied the petition on the basis that such certification may be inconsistent with the goal of fostering competition and could be potentially adverse to competition, as opposed to establishing conditions or requirements designed to ensure that anticompetitive practices did not occur, we vacate the order as beyond the agency's statutory authority.
Court of Appeals
Russell Gregory III vs. Mary Gregory W2002-01049-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: D. J. Alissandratos
This appeal arises from a divorce and custody proceeding. The trial court found it to be in the best interest of the child that the father be granted primary custody of the parties' minor daughter. The primary issue on appeal is whether the trial court erred in applying the best interest analysis. For the following reasons, we affirm.
W2002-02322-COA-R3-CV W2002-02322-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Martha B. Brasfield
Lauderdale
Court of Appeals
In Matter of D.A.H. W2002-00733-COA-R3-JV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Harold W. Horne
This is a termination of parental rights case. The father appeals from the order of the juvenile court terminating parental rights to his child. Specifically, the father asserts that the grounds for termination cited by the trial court are no longer applicable based on the Supreme Court's recent holding in Jones v. Garrett, 92 S.W.3d 385 (Tenn. 2002). Because we find a distinction between the instant case and Jones v. Garrett, we affirm the order of the trial court.
Shelby
Court of Appeals
In Matter of D.A.H. W2002-00733-COA-R3-JV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Harold W. Horne
This is a termination of parental rights case. The father appeals from the order of the juvenile court terminating parental rights to his child. Specifically, the father asserts that the grounds for termination cited by the trial court are no longer applicable based on the Supreme Court's recent holding in Jones v. Garrett, 92 S.W.3d 385 (Tenn. 2002). Because we find a distinction between the instant case and Jones v. Garrett, we affirm the order of the trial court.
Shelby
Court of Appeals
Squeeky Clean v. David Harvey M2002-00538-COA-R3-CV
Authoring Judge: Judge L. Craig Johnson
Trial Court Judge: Carol L. Mccoy
This appeal arose after the trial court dismissed Squeeky Clean Laundries, Inc.'s action against David E. Harvey, et al. for failure to prosecute. Because there was no proof of a willful violation of a court order, we find that the trial court abused its discretion. We reverse the trial court's decision and remand.
Davidson
Court of Appeals
Richard Humphrey v. Jeanetta Gammage M2002-00507-COA-R3-CV
Authoring Judge: Judge L. Craig Johnson
Trial Court Judge: Ellen Hobbs Lyle
This appeal arose after the trial court granted summary judgment for Jeanetta Gammage and Deborah Gammage against Richard Humphrey in his petition to establish paternity of Karenda Raines. Because the petitioner could not establish any issues of material facts as grounds to proceed with his petition, we affirm the judgment of the trial court.
Davidson
Court of Appeals
Vicki B. Carlton v. Sharon L. Davis M2002-01089-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Barbara N. Haynes
The trial court granted summary judgment to Appellee based upon expiration of the applicable statute of limitations. Appellant asserts that Tennessee Code Annotated section 56-7-1201(g) tolls the statute of limitations, or that, in the alternative, Appellee is equitably estopped from relying upon the statute of limitations. We affirm the action of the trial court.
Davidson
Court of Appeals
Myron Gentry, et al v. Hospital Housekeeping Systems of Houston, Inc. M2002-01513-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Barbara N. Haynes
This appeal arose after the trial court granted summary judgment for Hospital Housekeeping Systems of Houston, Inc. on a suit brought by an employee of Centennial Medical Center who slipped and fell after stepping on wet carpet. Because a material factual dispute exists, we reverse the trial court's decision and remand.
Davidson
Court of Appeals
M2002-00560-COA-R3-CV M2002-00560-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Irvin H. Kilcrease, Jr.
Davidson
Court of Appeals
Ronnie Brown v. State M2002-01361-COA-R3-CV
Authoring Judge: Judge William B. Cain
Claimants appeal the action of the Tennessee Claims Commission in dismissing their claims based upon the expiration of the statute of limitations. We affirm the action of the Claims Commission.
