Gloria J. Guinn v. Lucious T. Guinn W2002-02225-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: George H. Brown
Shelby
Court of Appeals
Marcia McAlexander vs. Albert McAlexander W2001-02550-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Rita L. Stotts
This appeal involves two consolidated cases. The first case is a post-divorce proceeding initiated by wife as a Rule 60 motion and petition for contempt to modify and enforce the final decree of divorce as it pertains to the alimony award and division of marital property. In these proceedings, the parties consented to arbitration of all determinative issues, and the award of the arbitrator was confirmed by the trial court. Husband appeals. We affirm as modified. The second case is an appeal of the order of the trial court granting a summary judgment from husband's petition seeking a sale for partition of the parties' former marital home, now held by the parties as tenants by the entirety and with possession awarded to wife until she remarries. The trial court granted summary judgment decreeing a sale for partition. Wife appeals. We affirm, as modified, for a determination on remand of wife's interest in the property by virtue of the award of possessory rights awarded in the final decree.
Shelby
Court of Appeals
Department of Children's Srvcs vs. B.L.K. & E.C.C. E2002-01724-COA-R3-JV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Suzanne Bailey
The State of Tennessee, Department of Children's Services ("DCS") obtained temporary custody of the five minor children of B.L.K. ("Mother") after Mother requested assistance from DCS because of her inability to care for the children due to her mental and financial condition. DCS later sought to terminate Mother's parental rights. Custody of Mother's two oldest children was transferred to their biological father. After a trial concerning Mother's parental rights to her three youngest children, the Juvenile Court determined there were sufficient grounds to terminate Mother's parental rights and that doing so was in the best interests of the children. Mother appeals, claiming DCS failed to prove by clear and convincing evidence that there were sufficient grounds to terminate her parental rights. Mother also claims DCS failed to prove by clear and convincing evidence that termination of her parental rights would be in the best interests of the children. We affirm the Juvenile Court's judgment.
Hamilton
Court of Appeals
James Smith v. Patricia Caldwell M2002-02509-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Ross H. Hicks
In this action to enforce foreign judgment, defendant attempted to appeal the actions of the Trial Court. We dismiss the appeal.
W2003-00361-COA-R3-CV W2003-00361-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Jon Kerry Blackwood
Fayette
Court of Appeals
Security Fire Protection v. Joe B. Huddleston W2002-01175-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Walter L. Evans
Security Fire Protection Company challenged the Commissioner of Revenue's assessment of sales and use taxes arising from an audit of Security Fire's transactions with out-of-state customers from January 1, 1990, through March 31, 1993. The Shelby County Chancery Court granted the Commissioner's motion for summary judgment, holding 1) material purchased in Tennessee under a certificate of resale were not resold for purposes of the sales tax exemption; 2) material purchased by Security Fire out of Tennessee, stored and partially fabricated in Tennessee, and utilized by Security Fire in performance of contracts out of Tennessee was subject to Tennessee use tax; and 3) no credit was due for taxes paid out-of-state. We affirm the judgment of the trial court.
Shelby
Court of Appeals
W2002-02092-COA-R3-CV W2002-02092-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: George R. Ellis
Gibson
Court of Appeals
CH-01-2271-2 CH-01-2271-2
Trial Court Judge: Floyd Peete, Jr.
Shelby
Court of Appeals
CH-01-1306-3 CH-01-1306-3
Trial Court Judge: D. J. Alissandratos
Shelby
Court of Appeals
Condy Wilson vs. Charlsa Wilson E2002-01636-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Conrad E. Troutman, Jr.
In this divorce case, the husband's issues on appeal are the distribution of marital property and the allocation of marital assets and debts made by the Trial Court. We affirm.
Campbell
Court of Appeals
W2002-03045-COA-R3-JV W2002-03045-COA-R3-JV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Christy R. Little
W2002-02767-COA-R3-CV W2002-02767-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Dewey C. Whitenton
Hardeman
Court of Appeals
Wayne Bailiff v. State M2001-01936-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Thomas W. Brothers
In these consolidated appeals a wife appeals the order of the Tennessee Claims Commission dismissing her claim for loss of consortium because it was not brought as a part of her husband's claim, and the husband and wife appeal the Davidson County Circuit Court's denial of their motion to amend to add the wife's claim to the husband's action against the State of Tennessee and other defendants. We reverse the action of the Claims Commission and remand the wife's claim to the Circuit Court for trial.
Davidson
Court of Appeals
City of Knoxville vs. Lumari Harshaw E2002-02519-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Dale C. Workman
While on patrol, Officer Gerald Thomas George ("the Officer") heard a "thumping bass noise" coming from a vehicle "at least 100 yards" away. The Officer stopped the vehicle and issued a citation for violation of section 18-5 of the City of Knoxville noise ordinance ("Ordinance") to the driver, Lumari Harshaw ("Defendant"). The Trial Court found Defendant violated the Ordinance. Defendant appeals claiming the City of Knoxville ("City") failed to prove an element of the charge, specifically that the noise was "audible to a person of normal hearing sensitivity more than fifty (50) feet from [the] vehicle." We affirm.
Knox
Court of Appeals
Neil Friedman vs. Lynn W. Brown E2002-01615-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: William H. Inman
Jeffrey Edmisten v. Kathy Edmisten M2001-00081-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Wife sought separate maintenance and support. After a two year separation during the pendency of Wife's petition, Husband sought a divorce on the statutory ground of the separation. Wife opposed the divorce. The trial court dismissed Husband's counter-complaint, awarded Wife a legal separation, divided the marital property, and awarded alimony in futuro to Wife. Husband appeals, challenging not only the trial court's decision not to award a divorce, but also the division of marital property and award of alimony to Wife. We affirm in part, reverse in part, and modify the trial court's order.
Williamson
Court of Appeals
2002-02685-COA-R3-CV 2002-02685-COA-R3-CV
Trial Court Judge: Telford E. Forgerty, Jr.
Cocke
Court of Appeals
Emma Johnson vs. Knox County Board of Education E2003-00248-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Dale C. Workman
Plaintiff Johnson slipped and fell where water was in school's hallway. Defendants were granted Judgment on ground they had no notice of condition of hallway. We reverse and remand.
Knox
Court of Appeals
Vickie Nash vs. Thomas Nash E2002-01597-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: William K. Swann
This appeal of a judgment for divorce entered by the Knox County Circuit Court questions whether the Trial Court erred in its classification and division of a 401(k) retirement account and in its award of rehabilitative alimony. We affirm in part, modify in part and remand.
Knox
Court of Appeals
Mitch Stooksbury vs. American National Property E2002-02385-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: James B. Scott, Jr.
Mitch and Gina Stooksbury ("Plaintiffs") purchased homeowners insurance from American National Property and Casualty Company ("Defendant"). After Plaintiffs' home was destroyed by fire, they were informed by Defendant that their insurance policy had been cancelled prior to the date of loss because of an underwriting risk arising from missing railing on a deck. Defendant claimed to have mailed a cancellation notice and refund check to Plaintiffs in accordance with the terms of the policy. Plaintiffs denied receiving the cancellation notice or refund check. A jury concluded Defendant failed to prove by a preponderance of the evidence that it mailed the cancellation notice to Plaintiffs. The jury also concluded Defendant acted unfairly and in bad faith, and that Defendant's failure to pay the loss was through fraudulent and deceptive practices. The Trial Court entered a judgment for Plaintiffs in the amount of $92,750, for damages pursuant to the insurance contract, plus prejudgment interest on that $92,750. The Trial Court also assessed a 25% bad faith penalty and an additional 5% for punitive damages. Both parties appeal. We affirm the judgment for Plaintiffs in the amount of $92,750 and the prejudgment interest awarded on that $92,750. The bad faith penalty and award of punitive damages is reversed.
Anderson
Court of Appeals
Lisa Kay Rogers vs. Richard Barrett Rogers E2002-02300-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Howell N. Peoples
In this divorce action, the trial court divided marital property and awarded child support and rehabilitative alimony. Both parties raise issues on appeal. We affirm, as modified.
