The Circuit Court of Davidson County granted summary judgment to the owner of a building in a slip and fall case. We concur with the trial court in its conclusion that the defendant did not owe the plaintiff a duty to make its premises safer and that the plaintiff's own negligence was more than 50 percent of the cause of the accident. We affirm.
Davidson
Court of Appeals
William Williams vs. Marla Barnes-Mason E2002-01442-COA-R3-CV
Trial Court Judge: Mindy Norton Seals
Primary residential custody was awarded to mother. Father appealed. We affirm.
Hamblen
Court of Appeals
In Re: Adoption of Samuel Downey, et.al. vs. Catherine Downey E2002-01972-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Frank Brown, III
The Trial Court approved adoption of three minor children by sister of biological mother. Mother appealed, insisting Georgia Court decree terminating her parental rights to the children was defective. We affirm.
Hamilton
Court of Appeals
Jack Parks vs. Chuck Rich E2002-02014-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Jean A. Stanley
Jack H. Parks sued Chuck Rich, the owner of an apartment complex. Parks initially complained of a back injury resulting from his jumping off a first floor balcony railing, and irritation to his body caused by a bug spray applied in his apartment unit, both of which incidents occurred at the complex. The trial court granted the defendant's motion for summary judgment. The plaintiff appeals, contending that summary judgment is not appropriate with respect to the bug spray matter and that the trial court erred with respect to certain discovery matters. We affirm.
Washington
Court of Appeals
Dept of Children's Srvcs. vs. L.F. E2002-02209-COA-R3-JV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Dwight E. Stokes
The trial court terminated the parental rights of L.F. ("Mother") with respect to her minor child, D.F. (DOB: January 28, 1994) ("the child"). Mother appeals, essentially arguing that the evidence preponderates against the trial court's dual findings, by clear and convincing evidence, (1) that statutory grounds for termination exist and (2) that termination is in the best interest of the child. We affirm.
Sevier
Court of Appeals
In Re: Crystal Michelle Moats E2002-01635-COA-R3-JV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: William T. Denton
This is a paternity case. Following DNA testing, the parties agreed that Randy L. Garner ("Father") is the biological father of Crystal Michelle Moats (DOB: August 13, 1985) ("the child"). The issues remaining before the trial court were "current support, past due support, and medical payments." Following a bench trial, the court addressed these issues. As pertinent to this appeal, the trial court awarded Mother $1,000 as support for the child from her date of birth to the date of filing of the paternity petition, i.e., September 18, 2000. Mother appeals, contending that the trial court erred in setting the amount of retroactive support for the period prior to the filing of the petition. We vacate the trial court's award of $1,000 and remand for further proceedings.
Blount
Court of Appeals
In Re: Estate of James H. Williams M2000-02434-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Jeffrey S. Bivins
This case began as four separate cases which were consolidated. All four cases arose from the divorce of James Hollister Williams and Kathyrn L. H. Williams, his untimely death, and the probate and distribution of assets in his sizeable estate. The trial court upheld the validity of the divorce by denying Ms. Williams relief under Tenn. R. Civ. P. 60.02, awarded several annuities to Ms. Williams based on her status as the named beneficiary, ordered her to pay the estate taxes resulting from those annuities, and approved part of a claim filed by Ms. Williams against the Estate, but denied part. We affirm the decisions of the trial court upholding the validity of the divorce and awarding the annuities to Ms. Williams, but vacate the order granting the Estate a judgment against Ms. Williams for the estate taxes on the annuities. We also affirm in part and reverse in part the decision of the trial court with respect to the claim against the Estate, and hold that the entire claim should have been denied.
Williamson
Court of Appeals
Nannie Sneed v. The Estate of Marie Bright Witherspoon, Deceased, James Morton, Senior, et al. M2002-00237-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: David Loughry
This appeal involves a claim filed against an estate for personal services rendered to a decedent. The lower court granted the estate's motion to dismiss, finding that the claim was time barred, the claimant had received compensation for her services, and there was no evidence of "fraud, tort, deceit, or concealment." The parties raise multiple issues on appeal. For the following reasons, we affirm
Rutherford
Court of Appeals
W2002-01642-COA-R3-CV W2002-01642-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Robert L. Childers
Sarah High vs. James High W2001-01558-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Joe C. Morris
This case involves an appeal from the trial court's determination of Appellant's child support and alimony arrearages, as well as the denial of a request to modify a previous award of alimony and child support. We affirm in part, reverse in part, and remand for further proceedings.
Madison
Court of Appeals
Brenda Hicks v. John E. Hicks W2001-02931-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Joe C. Morris
This is a divorce case. At the time the wife filed for divorce, the parties had been married for eight months. The trial judge awarded the divorce to the wife on the grounds of adultery. The trial court also granted the wife a monetary award for "alimony in solido and as a division of the marital estate." The husband appeals. We affirm and modify. The proof at trial did not support awarding the wife the divorce on grounds of adultery, nor did it support the amount of the monetary award to the wife. The judgment of the trial court is affirmed but modified to reflect that the wife is granted the divorce on grounds of inappropriate marital conduct, and the monetary award is modified as well.
Scott Jurgensmeyer, et al v. James F. Prater M2000-02986-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Ellen Hobbs Lyle
In this consolidated case involving claims of fraud, negligent misrepresentation, breach of contract, and violations of the Tennessee Consumer Protection Act, the trial court granted summary judgment for the defendant on the ground that he had not acted individually and his corporation had not been named as a defendant. For the following reasons, we reverse and remand the decision of the trial court.
W2002-01556-COA-R3-CV W2002-01556-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: D. J. Alissandratos
Shelby
Court of Appeals
Richard McDonald vs. Swain & Sons W2002-00012-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: John R. Mccarroll, Jr.
This is a retaliatory discharge case. In July 1998, the plaintiff truck driver began working for the defendant trucking company. In June 1999, the truck driver was involved in a one-vehicle accident while making a delivery for the company. Soon thereafter, the truck driver was discharged. The truck driver sued the trucking company in the court below, alleging that his discharge was not because of the vehicular accident, but rather was in retaliation for refusing to participate in or remain silent about alleged illegal activity by the trucking company. The trial court found in favor of the trucking company on all issues. The plaintiff truck driver now appeals on several grounds. No transcript or statement of the evidence was filed. The issues raised by the plaintiff require a review of the proceedings below that is not possible in the absence of a transcript of the trial proceedings or a statement of the evidence. Consequently, we affirm the trial court's decision.
Shelby
Court of Appeals
Mary Saccomanno vs. Melvin Saccomanno W2002-01267-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Daniel L. Smith
This is an appeal from a Final Order, granting the parties a divorce and dividing the marital property. Wife appeals and asserts that the division of marital property is inequitable. We affirm.
Hardin
Court of Appeals
W2002-01687-COA-R3-CV W2002-01687-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: John R. Mccarroll, Jr.
Shelby
Court of Appeals
Union Planters Bank vs. Bobbye Shepard W2002-01188-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: D. J. Alissandratos
Executor brought this action to recover proceeds of the sale of decedent's property prior to decedent's death. Both parties moved for attorney's fees. The trial court entered judgment for defendant and awarded defendant's attorney's fees. On issues relating to decedent's property, we affirm in part and reverse in part. We reverse the award of attorney's fees and remand for a determination of reasonableness.
Shelby
Court of Appeals
W2002-03016-COA-R3-CV W2002-03016-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Robert L. Childers
Shelby
Court of Appeals
W2002-01474-COA-R3-CV W2002-01474-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: D. J. Alissandratos
Shelby
Court of Appeals
Edwin Boothe vs. Fred's Inc. W2002-01414-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D'Army Bailey
Shelby
Court of Appeals
Edwin Boothe vs. Fred's Inc. W2002-01414-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D'Army Bailey
Shelby
Court of Appeals
W2002-00489-COA-R3-CV W2002-00489-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Rita L. Stotts
