Carroll Co. Waste vs. Odillion Collins W1998-00754-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Julian P. Guinn
This case involves a dispute over issues surrounding Carroll County's imposition of a garbage collection fee on its residents. The trial court granted summary judgment to Plaintiff, and the Defendant appeals.
Carroll
Court of Appeals
Ch-00-0152-2 Ch-00-0152-2
Trial Court Judge: Floyd Peete, Jr.
Shelby
Court of Appeals
Billie Mae Manis vs. Donald Ralph Manis E1999-01927-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Richard R. Vance
Wife sought a divorce after 41 years of marriage on grounds of inappropriate marital conduct. With Husband acting pro se, the parties filed a Marital Dissolution Agreement. After retaining counsel, Husband withdrew the agreement and filed a counterclaim for divorce, also alleging inappropriate marital conduct. The Trial Court appointed a Special Master, who conducted two hearings and filed a lengthy and comprehensive Special Master's Report. Both parties filed Objections to the Report, and the Special Master held a third hearing addressing the issues raised in the parties' objections. Husband filed Objections to the Special Master's Amended Report. Wife had no objections to the Amended Report. The Trial Court held a fourth hearing, at which arguments of counsel and Husband's offer of additional proof were made. The Trial Court's Final Judgment adopted the Report of the Special Master, as amended, and affirmed the findings of fact and conclusions of law of the Special Master with minor exceptions. Husband raises ten issues, primarily involving the Special Master's valuation and distribution of marital assets and the amount of alimony he was ordered to pay. Wife contests the amounts awarded to her for periodic alimony and for her interest in the marital estate, and also claims that the Trial Court erred in not placing more restrictions on Husband's future business transactions so as to more fully protect her interest in her marital share. We affirm the judgment of the Trial Court.
Sevier
Court of Appeals
Zahreddine vs. Choi M2000-01281-COA-R9-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Hamilton V. Gayden, Jr.
This appeal involves the timeliness of a personal injury complaint. Two days before the expiration of the statute of limitations, the plaintiffs' lawyer placed an envelope containing a complaint and summons in a commercial delivery service's drop-off receptacle in Williamson County. Even though the envelope bore the courthouse address of the Clerk of the Circuit Court for Davidson County, the commercial delivery service delivered the envelope to a central governmental mail room on the day the statute of limitations expired. However, the central mail room did not physically deliver the envelope to the trial court clerk's office until three days later. The defendant later filed a motion for summary judgment in the Circuit Court for Davidson County, asserting that the complaint was time-barred. The trial court denied the motion but granted the defendant permission to pursue an interlocutory appeal. We have determined that the defendant is entitled to a judgment as a matter of law because the plaintiffs' complaint was not timely filed with the trial court clerk as required by Tenn. R. Civ. P. 3.
Reid vs. Lutche M1997-00229-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ellen Hobbs Lyle
This appeal involves a prisoner's challenges to the Department of Correction's inmate grievance procedures and to an unfavorable disciplinary decision. After the Department denied his requests for a declaratory order, the prisoner filed suit in the Chancery Court for Davidson County seeking declaratory relief and judicial review of the disciplinary proceeding. The trial court dismissed the prisoner's suit because it failed to state a claim upon which relief could be granted. We affirm.
Davidson
Court of Appeals
Audrey Moss vs. Sheila Sankey W2000-00659-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: D'Army Bailey
This appeal arises from a negligence action arising out of a vehicular accident. Driver was turning onto a main road from a side street without the right-of-way. As she emerged from the side street, she was struck by Worker, an employee of Company, whose wrecker had been driving on the road. The collision diverted the wrecker into the oncoming lanes of traffic, where it struck a car driven by Plaintiff. Plaintiff brought suit against Driver, Worker and Company for her injuries. A jury found Driver 100% liable for the injuries. Plaintiff appealed stating that the verdict was against the preponderance of the evidence, that the judge had incorrectly denied a motion for a new trial, and that a sleeping juror had violated Plaintiff's right to a trial by jury. We affirm.
Shelby
Court of Appeals
Annie Truett, Glenda & Marvin Plunk vs. Wayne Bowman W2000-00514-COA-R9-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Roy Morgan
This is a medical malpractice case. The plaintiff's decedent allegedly was improperly intubated in preparation for hip replacement surgery. The plaintiff sued the orthopedic surgeon, the nurse anesthetist, and two anesthesiologists involved in the surgery. The trial court entered summary judgment in favor of the surgeon, based in part on the assertion of the surgeon and his attorney that the surgeon was responsible only for the orthopedic aspect of the decedent's care. Two years later, the other defendants, also represented by the same attorney who represented the surgeon, testified in depositions that, in contrast to the surgeon's assertions, the surgeon had broad responsibility for the decedent's care. In light of this testimony, the trial court granted the plaintiff's motion to set aside the order of summary judgment in favor of the surgeon. The surgeon's request for interlocutory appeal of this decision was granted. We now affirm, finding that the trial court did not abuse its discretion in setting aside its previous order of summary judgment.
Madison
Court of Appeals
Franklin Miller vs. Dept. Human Serv. W2000-01088-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D. J. Alissandratos
This case involves a denial of Medicaid benefits. The State of Tennessee Department of Human Services denied petitioner's application for Medicaid on a resource assessment which showed that petitioner had financial resources in excess of the $2,000.00 limit. The trial court found that the administrative agency incorrectly included petitioner's life insurance policy in the resource assessment and reversed the agency's order denying eligibility. The trial court remanded the case to the administrative tribunal to allow the petitioner to present further evidence regarding the percentage of ownership interest the petitioner had in the remaining assets. The Department of Human Services appeals. We affirm in part and reverse in part.
Shelby
Court of Appeals
Roland Schnider vs. Carlisle Corp. W2000-01695-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Floyd Peete, Jr.
This is a breach of contract case in which Plaintiff, a chef, claims he entered into an employment contract of a definite term. Plaintiff and Defendant engaged in negotiations aimed at having Plaintiff open and manage a restaurant. Defendant produced a final draft of the agreement which included salary, bonuses, and an ownership interest in the restaurant. Neither side executed the written agreement, but Plaintiff went to work for Defendant and both parties partially performed the terms of the writing. Defendant terminated Plaintiff's employment several months later, and Plaintiff filed this action for breach of contract. The trial court, sitting without a jury, found that no contract existed between the parties and Plaintiff appeals. We vacate and remand.
Shelby
Court of Appeals
Jack Biggs vs. Farm Credit W2000-00545-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Dewey C. Whitenton
In this boundary line dispute, the trial court was presented with conflicting testimony from two surveyors as to the proper boundary lines of a two and one-half acre tract. After reviewing the evidence presented, the trial court determined that Mr. Biggs' surveyor's plat controlled. We affirm.
McNairy
Court of Appeals
David Eason vs. Melissa Bruce W2000-01326-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Walter L. Evans
This is a post-divorce child custody case. In its initial decree, the trial court found that neither parent demonstrated sufficient interest or ability to care for the minor children and custody was awarded to the maternal grandparents. Subsequently, the trial court awarded joint custody of the children to the father and the maternal grandparents. Father petitioned for sole custody which the trial court denied. Father appeals. We affirm.
Shelby
Court of Appeals
Robert McCurley vs. Harold Angus W2000-01348-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Roger A. Page
This is an action in negligence arising out of the demolition by the Appellee of a condemned building in Jackson, Tennessee pursuant to a contract with the city of Jackson. The demolished building was located adjacent to the Appellants' building, and the two buildings shared a party wall. The Appellants' building sustained damages as a result of the demolition of the condemned building. The Appellants brought a complaint against the Appellee in the Circuit Court of Madison County, alleging negligence on the part of the Appellee. The jury found in favor of the Appellee. The Appellants appeal from the entry of a jury verdict in favor of the Appellee. For the reasons stated herein, we affirm the trial court's decision.
Madison
Court of Appeals
Rose Construction vs. Raintree Dev. W2000-01388-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Walter L. Evans
This is an arbitration case. The plaintiff construction company agreed to construct the defendant developer's planned development project. When disputes arose out of the parties' performance, they terminated the contract. The parties then entered into arbitration. The arbitration panel found in favor of the plaintiff for $974,068.00 plus interest, including a $250,000 award for attorney's fees. The plaintiff filed an action in the chancery court, seeking confirmation of the award. The defendant asked the chancery court to vacate the arbitration award. The trial court vacated the entire award, finding that the arbitration panel exceeded its authority in awarding attorney's fees. The plaintiff construction company appeals. We reverse, finding that the award of attorney's fees is authorized under the parties' contract, and remand the case for confirmation of the arbitration award in toto.
Shelby
Court of Appeals
Sandra Allman vs. Hut's, Inc. W2000-01829-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Mark Agee
This appeal arises from the alleged fall of the Appellant outside the Appellee gas station and convenience store. The Appellant brought a complaint against the Appellee in the Circuit Court of Gibson County, alleging that the Appellee negligently maintained its premises which was a proximate cause of the Appellant's injuries. The Appellee filed a motion for summary judgment, alleging that the Appellant was unable to prove that the Appellee owed a duty to the Appellant or breached a duty. The trial court granted the Appellee's motion for summary judgment. The Appellant appeals the grant of summary judgment in favor of the Appellee by the Circuit Court of Gibson County. For the reasons stated herein, we reverse the trial court's decision.
Gibson
Court of Appeals
Darrell L. Edwards, et al vs. Seleta Kaye Campbell, et al E2000-01463-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Jacqueline E. Schulten
The Trial Court granted Defendants summary judgment based on the expiration of the statutes of limitation because of Plaintiffs' failure to comply with Tenn. R. Civ. P. 3 and 4.04. Plaintiffs sued Defendants for personal injuries and property damage allegedly resulting from a 1989 motor vehicle accident. Plaintiffs first filed suit in 1990. They voluntarily dismissed that suit in 1996 and re-filed within one year. Plaintiffs obtained issuance of the first set of summons in the second suit in March 1997, and attempted service of process by mail. A third person, but neither defendant, signed the return mail receipts. Defendants raised the defense of insufficiency of service of process in their answer and moved for a stay of the proceedings which was granted. The Trial Court conditioned the removal of the stay upon Plaintiffs' payment of costs associated with their first lawsuit. Two years later, Plaintiffs paid the costs, and the Trial Court lifted the stay. Thereafter, Plaintiffs obtained issuance of new process. It is undisputed that Defendants were served in October 1999. Defendants filed a Motion for Summary Judgment arguing that the statutes of limitation had expired because Plaintiffs failed to serve Defendants in March 1997, and did not obtain issuance of new process from the Trial Court clerk until more than two and a half years later. Plaintiffs did not respond to Defendants' motion which the Trial Court granted. Plaintiffs appeal. We affirm.
Hamilton
Court of Appeals
Perry vs. Campbell M1998-00943-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ellen Hobbs Lyle
This appeal involves a prisoner's challenge to a prison disciplinary board's decision to place him in involuntary administrative segregation. After exhausting his remedies within the Department of Correction, the prisoner filed petitions for a common-law and a statutory writ of certiorari in the Chancery Court for Davidson County complaining that he had been denied the right to call witnesses, that the board's decision was racially motivated, and that the board's decision lacked evidentiary support. The trial court granted the State's motion for summary judgment and dismissed the prisoner's petitions. We affirm the trial court's judgment.
Davidson
Court of Appeals
Montague vs. TDOC M1999-00513-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ellen Hobbs Lyle
This Court determined a previous appeal by Charles Montague to be frivolous and remanded the case to the trial court to set attorney's fees. The state submitted evidence of attorney's fees incurred, both in the trial court and in this Court. Montague appeals and we modify the judgment of the trial court so as to only allow attorney's fees on the initial appeal.
Davidson
Court of Appeals
Perry vs. TN Bd. of Paroles M1998-01018-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 released on parole. After the Tennessee Board of Paroles declined to release him on parole, the prisoner filed petitions for both common-law and statutory certiorari in the Chancery Court for Davidson County asserting that the Board had acted illegally, arbitrarily, and fraudulently. The trial court dismissed the prisoner's petition. We affirm.
Davidson
Court of Appeals
Stone vs. Faulkner, Mackie & Cochran M2000-00125-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Hamilton V. Gayden, Jr.
Plaintiff, Terry Stone d/b/a Medical Claims and Collections Specialist, sued Defendants, David Cochran, and Faulkner, Mackie & Cochran, for interference with contractual and business relationships between Plaintiff and Plaintiff's third-party client, Levine & Sharp Associates. The trial court granted Defendants' motion for summary judgment in this matter finding no genuine issue of material fact and dismissed Plaintiff's claims. The question presented to the Court is whether or not there are genuine issues of material fact such that the trial court erred in granting Defendants' Motion for Summary Judgment on the claim for interference with a business relationship. We affirm the trial court's dismissal of this claim.
Davidson
Court of Appeals
Muirhead vs. Muirhead M1999-02385-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Donald P. Harris
This appeal involves the custody of four minor children following dissolution of a sixteen (16) year marriage. The trial court awarded a divorce to Father on the ground of inappropriate marital conduct but awarded custody of the parties' four minor children to Mother. The trial court set child support, awarded rehabilitative alimony, and divided the marital property, awarding Mother the marital residence. The Mother appeals the property division and alimony award. The Father appeals the award of custody. We reverse the trial court's award of custody because Father is comparatively more fit than Mother to have custody, modify the award of rehabilitative alimony, vacate the child support award, and remand to the trial court for child support and visitation issues.
Williamson
Court of Appeals
Garrison vs. Burch M1999-02819-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Casey Moreland
This appeal involves a dispute regarding an order of protection. After the petitioner was threatened and attacked by his girlfriend's former husband, he sought an order of protection from the Davidson County General Sessions Court. The general sessions court granted the order of protection, and the former husband appealed to this court. We reverse and vacate the general sessions court's order because the parties are not within the degree of relationship required by the statute authorizing the issuance of orders of protection.
