Terry T. Johnson, v. Michael H. McCommon & MLG & W
This action was brought against Michael McCommon and Memphis Light, Gas, and 2 Water (MLG&W) for personal injuries sustained when McCommon, an employee of MLG&W, struck plaintiff with his vehicle. McCommon was dismissed from the suit prior to trial. Following a bench trial, the lower court held that plaintiff's negligence was greater than that of the defendant and that plaintiff proximately caused her own injuries. Because we do not find that the evidence preponderates against the trial court's determination, we affirm the judgment dismissing plaintiff's case. |
Shelby | Court of Appeals | |
Frank R. Dalton v. Tennessee Board of Paroles - Concurring
This appeal involves a prison inmate’s efforts to be paroled. After the Tennessee Board of Paroles declined to parole him, the inmate filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County seeking review of the board’s decision. The trial court dismissed the petition on the ground that it failed to state a claim upon which relief could be granted, and the inmate appealed to this court. We have determined that the board has not demonstrated that it is entitled to a judgment as a matter of law, and therefore, we vacate the judgment and remand the case for further proceedings. |
Davidson | Court of Appeals | |
Harlan White, v. State of Tennessee, Department of Correction
This is an appeal by petitioner, Harlan White, from the trial court’s order dismissing his petition for declaratory judgment on the ground that petitioner failed to exhaust his administrative remedies. |
Davidson | Court of Appeals | |
Dewey Richard Farley and wife, Pamela Farley, and Tommy West, v. James Clayton, Individually and D/B/A Luv Homes, Clayton Homes, Inc. et al.
This is an action for misrepresentations and inducement of breach of contract relating to the trial and settlement of a personal injury case. The original plaintiffs and a co-defendant have sued the other defendants for misrepresenting or concealing material facts which (1) induced the plaintiffs to settle their original claim for less than its worth, and (2) induced the defendants’ insurance company not to represent the other defendant. The Circuit Court of Putnam County granted summary judgment to the defendants. We affirm. |
Putnam | Court of Appeals | |
Dewey Richard Farley and wife, Pamela Farley, and Tommy West v. James Clayton, Individually and D/B/A Luv Homes, Clayton Homes, Inc., Individually and D/B/A Luv Homes and Ch of Al, Inc. et al.
This is an action for misrepresentations and inducement of breach of contract relating to the trial and settlement of a personal injury case. The original plaintiffs and a co-defendant have sued the other defendants for misrepresenting or concealing material facts which (1) induced the plaintiffs to settle their original claim for less than its worth, and (2) induced the defendants’ insurance company not to represent the other defendant. The Circuit Court of Putnam County granted summary judgment to the defendants. We affirm. |
Putnam | Court of Appeals | |
Gertrude Jackson and Josephine J. Johnson, v. Helen Patton, Executrix of the Estate of Jennie Mai Jackson, Deceased.
The captioned executrix has appealed from a non-jury judgment of the Chancery Court that a will dated April 6, 1989 is the true, whole and last will and testament of Jennie Mai Jackson, deceased. |
Williamson | Court of Appeals | |
Oak Highlands Homeowners' Association, Inc., v. Continental Development and Construction, Inc. and Nicholas S. Psillas
The captioned plaintiff has appealed from the non-jury dismissal of its suit to enforce restrictions and has presented the following issues for review: |
Davidson | Court of Appeals | |
Jimmy Arnold v. Tennessee Board of Paroles, et al., - Concurring
The Chancery Court of Davidson County dismissed the appellant’s Petition for Writ of Certiorari to review the Parole Board’s denial of parole. We affirm because we find that the petition in the lower court does not contain any allegations which show that the Board acted illegally, arbitrarily, or in excess of its jurisdiction. |
Davidson | Court of Appeals | |
James Michael Gee v. Amy Elizabeth (Mischell) Gee - Concurring
The captioned defendant has appealed from a partial judgment which resolved some, but not all, of the issues in this divorce case. The judgment is not a final judgment appealable as of right, and is subject to revision by the Trial Court at any time before all issues are determined. T.R.A.P. Rule 3(a). |
Montgomery | Court of Appeals | |
Evelene V. Stein, v. Davidson Hotel Company
This is an appeal by plaintiff/appellant, Evelene N. Stein, from a judgment dismissing five of the seven claims alleged by Ms. Stein against defendant/appellant, Davidson Hotel Company ("Davidson"). |
Davidson | Court of Appeals | |
Giles E. Roberson and wife, Hazel B. Roberson, v. Mary Margaret (Darwin) Wasson and Pug Martin, individually and D/B/A Century 21 Pug Martin Realty and Stephen N. Snyder and, Barbara L. Snyder
This suit was filed by Plaintiffs Giles E. Roberson and his wife Hazel B. Roberson against Defendants Mary Margaret (Darwin) Wasson and Pug Martin, individually , and D/B/A Century 21 Pug Martin Realty. The Plaintiffs sought to have the Court declare that a strip of land approximately 18 feet in width, titled in the name of Mrs. Wasson, which lay between separate tracts owned by them (see appendix) "to have been abandoned and to be non-existent." The complaint was later amended to advance the theory of adverse possession, and still later to add as parties Defendant Stephen N. Snyder and wife Barbara L. Snyder, who had purchased the property from Mrs. Wasson. |
Rhea | Court of Appeals | |
James Dale Barnes, v. Miller Medical Group, P.C. Edgefield Hospital, Inc., Dr. Douglas Dorsey, and Dr. J. Shepherd
The husband of a woman who suffered a fatal heart attack shortly after being discharged from a hospital emergency room filed a medical malpractice suit against the treating doctor and the medical group for which he worked. The trial court dismissed the claim against the defendant doctor because the plaintiff failed to obtain service on him. A summary judgment was subsequently granted to the defendant medical group on the ground of the plaintiff’s failure to produce a qualified affidavit on the proper standard of care and on causation, as is required by the Medical Malpractice Act, Tenn. Code Ann. § 29-26-115. We affirm the trial court. |
Davidson | Court of Appeals | |
Julius Michael Harris, v. Suzanne Zulieme Harris
he plaintiff/ex-husband has appealed from the dismissal of his post-divorce decree |
Williamson | Court of Appeals | |
Clifford Scott Goodwin, v. Judith Annette Wetz F/K/A Judith Annette Goodwin
The captioned petitioner has appealed from the dismissal of his suit to enroll and modify a foreign divorce decree. |
Cheatham | Court of Appeals | |
Thomas W. Harrison, Terry Harrison, and Brenda Harrison Kennamore, v. Earl Laursen
This is an appeal of a nonjury action in chancery form originally brought to rescind a contract for the sale of real estate and for damages to real property. The complaint was filed on January 22, 1 1991. Four separate hearings have been held in this cause. The first hearing was held without intervention of a jury. The second and third hearings were heard in the presence of a jury, and the fourth hearing in this cause was held without a jury. Following the fourth trial in the Chancery Court of GilesCounty, Tennessee, the chancellor entered a judgment against appellant for $22,279.59. The defendant, Earl Laursen, timely filed a notice of appeal from the final order entered January 9, 1995. The defendant, Delorita Laursen, did not perfect her appeal by filing a notice of appeal and is not before this Court. See, e.g., Town of Carthage, Tennessee, et al. v. Smith County, Tennessee, No. 01-A-01-9308-CH-00391 (Tenn. App., March 8, 1995). The appeal by the defendant/appellant, Earl Laursen, has been perfected and is properly before this Court. The appellant contends that the trial court erred in not having a jury hear the fourth case and in assessing damages to the real property. We reverse and remand for reasons that will hereinafter be shown. |
Giles | Court of Appeals | |
Ray Donald Hawkins v. Metropolitan Government of Nashville & Davidson County Tennessee, et al. - Concurring
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. |
Davidson | Court of Appeals | |
Lisa J. Prince and Ricky Prince v. Coffee County, Tennessee d/b/a Coffee Medical Center - Concurring
This is a medical malpractice case. Plaintiffs, Lisa and Ricky Prince, are husband and wife. Lisa Prince ("Plaintiff") was injured during out-patient surgery, allegedly as a result of improperly administered anesthetic. Initially, the suit was brought against Coffee Medical Center, Dr. Ramprasand (the surgeon), and Michael Cruz (the nurse anesthetist). Dr. Ramprasand and Cruz settled with Plaintiffs and were dismissed prior to this action. Plaintiff alleges on appeal that Coffee Medical Center ("CMC") was negligent in failing to establish adequate anesthetic policies and procedures and in failing to enforce its own anesthesia policies and procedures. The trial court granted summary judgment in favor of CMC and Plaintiff has appealed. For the reasons stated below, we reverse. |
Coffee | Court of Appeals | |
Hayden D. Wilson, Jr., v. Kathryn Ann Moore
This appeal involves a marriage that failed in less than three years. The husband filed suit in the Circuit Court for Sequatchie County seeking a divorce and the enforcement of the parties’ prenuptial agreement. The wife also requested a divorce and challenged the validity of the prenuptial agreement. Following a bench trial, the trial court declared the parties divorced pursuant to Tenn. Code Ann. § 36-4-129(b) (1991) and upheld the prenuptial agreement. Accordingly, the trial court awarded the parties their personal property and directed the husband to assume certain credit card indebtedness and to provide the wife medical insurance for up to thirty-six months. Both parties take issue with various portions of the final divorce decree on this appeal. We have determined that the trial court erred by failing to consider the husband’s income earned during the marriage as marital property. Accordingly, we modify the division of marital property and the award of spousal support. |
Sequatchie | Court of Appeals | |
02A01-9504-CV-00081
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Court of Appeals | ||
02A01-9410-CV-00225
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Court of Appeals | ||
02A01-9410-CV-00225
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Court of Appeals | ||
02A01-9503-CV-00058
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Shelby | Court of Appeals | |
01A01-9507-CH-00285
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Court of Appeals | ||
Honorable Hamilton v. Gayden, Jr., Judge
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Davidson | Court of Appeals | |
01A01-9509-CV-00420
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Court of Appeals |
