Patricia Baker vs. Tiffany Hooper, et al E2000-01615-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Russell E. Simmons, Jr.
Plaintiff appeals the Court's modification of her non-competition agreement with defendants and the amount of damages awarded, as well as the Court's refusal to recuse. We affirm.
McMinn
Court of Appeals
Lavonda Cable vs. Lowe's of Johnson City, Inc. E2000-01075-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: G. Richard Johnson
Lowe's of Johnson City, Inc., filed a Rule 60 motion seeking to set aside a default judgment rendered against it on the grounds of mistake, inadvertence or excusable neglect. The Trial Court overruled the motion and Lowe's appeals. We affirm.
Washington
Court of Appeals
Millisa Martinez, Ind., & Ex Rel Aaron Chavez, et al vs. Charles Martinez, et al E2000-01990-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: W. Dale Young
This case presents a question of first impression. We are asked to decide whether, and, if so, under what circumstances, a driver who motions to another driver intending to turn left in front of the signaling driver can be assigned fault in the event of a resulting accident. In the instant case, the trial court granted the signaling driver summary judgment, finding on the facts before it that there could be no liability. We find that summary judgment is not appropriate and accordingly vacate the trial court's judgment and remand for further proceedings.
Blount
Court of Appeals
In the Matter of Ray Allen Smith E2000-00321-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Frank V. Williams, III
This is a suit by an inmate to have his last name changed to that of his mother's maiden name. Upon the incarcerated Petitioner not appearing when the case was called for trial, it was dismissed. We vacate and remand.
Morgan
Court of Appeals
Daniel Taylor v. Donal Campbell, et al. M2000-02843-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Hamilton V. Gayden, Jr.
On July 3, 2000, Appellant filed his civil complaint based upon punishment imposed for a disciplinary infraction while a prisoner at Turney Center in Only, Tennessee. On July 18, 2000, the trial judge, sua sponte, dismissed the complaint, and this appeal followed. We affirm the trial court.
Davidson
Court of Appeals
Dr. Robert Emans v. Board of Regents M2000-02187-COA-R3-CV
Authoring Judge: Per Curiam
The Claimant was appointed Dean of the College of Education of Tennessee State University in 1990, evidenced by a Notice of Appointment and Agreement of Employment. Four years later, he was terminated as Dean, and appointed to the tenured position of Professor, at a lesser salary. In this action he sought damages for breach of contract, inter alia. The Commission ruled that the Claimant, although lawfully terminated as Dean, was nevertheless entitled to receive the salary of a deanship.
Court of Appeals
Michael Martin vs. Roderick Scott, et al M2000-02330-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Irvin H. Kilcrease, Jr.
Michael D. Martin, an incarcerated state prisoner, filed a Petition for Writ of Certiorari challenging a prison disciplinary proceeding whereby he was convicted by the Prison Disciplinary Board of burglary and sentenced to ten days punitive segregation and a $4.00 fine. The Chancellor dismissed the petition and we affirm the Chancellor.
Davidson
Court of Appeals
Arthur Armstrong, a/k/a Haki Al-Bey vs. Dept. of Correction, et al M2000-02328-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen Hobbs Lyle
An inmate who was found guilty of three disciplinary infractions challenged those convictions by filing a Petition for Writ of Certiorari. The trial court dismissed the Petition. We affirm the trial court.
Davidson
Court of Appeals
David Britt vs. Donal Campbell, et al M2000-01423-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen H. Lyle
A prison inmate escaped from custody and was recaptured. After a disciplinary hearing, the Department of Correction extended his Release Eligibility Date so that he would have to serve an additional 20% of his sentence before being considered for parole. The prisoner filed a Petition for Declaratory Judgment, contending that the Department's action violated statutory and constitutional law. The trial court dismissed the Petition. We affirm.
Davidson
Court of Appeals
Eddie Phifer v. Board of Parole M2000-01509-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Ellen Hobbs Lyle
This is a pro se appeal from a denial of parole. Mr. Phifer alleges several problems surrounding his parole hearing that he claims violate his due process and equal protection rights and violate the ex post facto constitutional prohibition. Because a prisoner has no liberty interest in release on parole before the expiration of his sentence, due process protections do not attach to parole determinations. Because at the time of Mr. Phifer's crime and conviction, the law regarding parole gave total discretion to the Board and authorized denial if the Board found that parole would depreciate the seriousness of the crime committed, changes in Board procedure do not violate ex post facto prohibitions. Because the Board has provided a rational basis for denying in-person interviews for prisoners housed out of state, no equal protection violation was shown. Consequently, we affirm the trial court's dismissal of the petition for failure to state a claim upon which relief may be granted.
Davidson
Court of Appeals
Curley Howse vs. Donal Campbell, et al M1999-01580-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Hamilton V. Gayden, Jr.
This is a pro se civil rights action brought by a prisoner challenging the conditions of his confinement and his treatment by employees of the Tennessee Department of Correction and the Northwest Correctional Center in Lake County. After the prisoner's suit was transferred from the Chancery Court for Davidson County to the Circuit Court for Davidson County, the various defendants filed separate motions to dismiss the case for improper venue. The trial court granted the motions and dismissed all the prisoner's claims. On this appeal, the prisoner asserts that his claims should not have been dismissed. We have determined that the prisoner has not properly perfected an appeal with regard to the dismissal of his claims against the Commissioner of Correction and three other employees and that the trial court correctly dismissed his claim against the medical director of the Northwest Correctional Center for improper venue. Accordingly, we affirm the dismissal of the prisoner's complaint.
Davidson
Court of Appeals
Joseph Turley vs. Francis P. Marino, et al M2000-01684-COA-R3-CD
Authoring Judge: Judge William B. Cain
Trial Court Judge: Walter C. Kurtz
Appellant, Joseph Turley, was charged with two counts of criminal contempt by the trial court in an order issued May 3, 2000. The trial court appointed a special prosecutor to pursue this matter and appointed the public defender to represent the appellant. The trial on June 15, 2000 resulted in a trial court finding of guilty, after which the appellant was sentenced to 48 hours in jail. Turley appeals, and we affirm the judgment of the trial court.
Davidson
Court of Appeals
Don Williams vs. Donal Campbell M2000-01821-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen Hobbs Lyle
A prison disciplinary board extended the release eligibility date of an inmate, after finding him guilty of assaulting a guard. He filed a petition for writ of certiorari which challenged the method used by the Department of Correction to calculate his new release eligibility date. The trial court dismissed the petition. We affirm.
Davidson
Court of Appeals
Larry W. Hopkins vs. Bd. of Paroles M2000-01956-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ellen Hobbs Lyle
This appeal involves a prisoner's efforts to be paroled from his sentence for aggravated rape. After the Tennessee Board of Paroles declined for the sixth time to parole him, the prisoner filed a petition for common-law writ of certiorari in the Chancery Court challenging the Board's latest decision and the procedure used to reach it. The trial court dismissed the petition for failure to state a claim upon which relief could be granted, and the prisoner has appealed. We affirm the trial court's decision.
Davidson
Court of Appeals
Betty J. Nash vs. G.L. Waynick M2000-02096-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: John J. Maddux
This appeal involves a dispute over the sale of a single family home in DeKalb County. The purchaser filed suit in the Circuit Court for DeKalb County alleging that the seller had violated the Tennessee Consumer Protection Act and the Tennessee Residential Property Disclosures Act. More than two years after the first two summonses were returned unserved, the purchaser caused a third summons to be issued that was served on the seller. The trial court entered a $27,000 default judgment against the seller on June 21, 2000, after concluding that the seller had been properly served and had presented no defenses to the purchaser's claims. On this appeal, the seller, who has been representing himself throughout these proceedings, asserts that he did not violate either the Tennessee Consumer Protection Act or the Tennessee Residential Property Disclosure Act and that the trial court erred by not considering his statute of limitations defense. We have determined that the purchaser's suit is time-barred for failure to comply with Tenn. R. Civ. P. 3. Therefore, we reverse the judgment and remand the case with directions that the purchaser's complaint be dismissed.
DeKalb
Court of Appeals
Rickey Cotten v. Board of Paroles M2001-00875-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Walter C. Kurtz
Petitioner was arrested in Florida for grand theft auto while on parole under a sentence in Tennessee. After beginning his sentence on the Florida conviction in a Florida prison, the Petitioner filed a "request for leave to waive revocation hearing, admission to violation of parole and request to have parole hearing in absentia and affidavit" with the Board of Paroles of Tennessee. The Board did not respond, so Petitioner filed a writ of mandamus with the Circuit Court for Davidson County to compel the Board to render a decision regarding his parole revocation. The trial court denied the writ and dismissed the petition because mandamus was not the appropriate remedy and the Petitioner was not in custody of the State of Tennessee for the purposes of parole revocation. We agree and affirm the decision of the trial court.
Davidson
Court of Appeals
Bertha Smith vs. Harley Smith M1998-00937-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Carol A. Catalano
The issues in this post-divorce case arise because the former husband's waiver of military retirement pay in order to receive disability benefits affected the former wife's receipt of her portion of the retirement pay which had been awarded to her in the distribution of marital property. The former husband reduced his payments to the former wife, who filed a contempt petition, seeking to reinstate the previously ordered amounts. The trial court considered the intent embodied in the divorce decree, and determined that the former wife should continue to receive the amount she received at the time of the divorce, despite the fact that the former husband no longer received "retirement pay." In light of our Supreme Court's holding in Johnson v. Johnson, No. W1999-01232-SC-R11-CV, 2001 WL 173502 (Tenn. Feb. 23, 2001), we affirm.
Montgomery
Court of Appeals
Johnny & Mary Jo Harper, et al vs. Melvin Sloan, et al M2000-01104-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: William H. Inman
This appeal involves the determination of whether the trial court erred in determining that a pathway known as Jaybird Lane was a public road. Additionally, the trial court found that the road had not been abandoned and thus granted summary judgment to the Defendants. For the following reasons, we affirm the ruling of the court below in all respects.
Wilson
Court of Appeals
Janice Sadler, d/b/a Xanadu Video vs. State M2000-01103-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
The owner of a business filed a claim in the Tennessee Claims Commission for the loss of the business caused by a construction project that temporarily hindered ingress and egress to the claimant's location. The Claims Commissioner awarded the claimant the value of her business after finding that the State had negligently prolonged the construction project and had created a temporary nuisance. We reverse.
Court of Appeals
Tony Willis v. Dept of Correction M2000-01397-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Ellen Hobbs Lyle
Davidson
Court of Appeals
Tony Willis v. Dept of Correction M2000-01397-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Ellen Hobbs Lyle
In this divorce case, Husband appeals from the trial court's decisions classifying, valuing, and dividing the parties' property incident to their divorce and asserts that he is entitled to an award much greater than the $250,000 granted to him by the trial court. Wife also appeals the trial court's classification and distribution of property, asserting that Husband was not entitled to any portion of her separate property and that there was no marital property. An additional issue was raised by a post-judgment ruling by a successor trial judge setting aside the order of the prior judge declaring the parties divorced. We affirm the divorce and reverse the award to Husband.
This case involves the alleged breach of an oral contract and a claim of negligent misrepresentation. Defendant's agent contacted the plaintiffs, an Elvis impersonator, the members of his band, and members of the Jordanaires to book them for a performance nine months hence. Plaintiffs reserved the time, but no written agreement was ever executed. Weeks before the performance, Defendant informed Plaintiffs that their services would not be required. Plaintiffs sued alleging breach of an oral contract and negligent misrepresentation and now appeal the trial court's decision to grant summary judgment to Defendant on both issues. We affirm in part and reverse in part.
Davidson
Court of Appeals
Angela Collins v. Timothy Pharris M1999-00588-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Durwood Moore
The petitioner appeals the general sessions court's denial of an order of protection and questions the proper avenue to appeal a general sessions court's ruling on an order of protection. We hold that, because the general sessions court has concurrent jurisdiction with the circuit and chancery courts to hear petitions for orders of protection, this court is the proper one to hear an appeal of the grant or denial of such an order. Because we find that the evidence does not preponderate against the trial court's denial of the order in this case, we affirm the trial court.
