Phyllis T. Craighead v. Bluecross Blueshield Of Tennessee, Inc., et al.
We reverse the trial court’s finding that the immunity granted in the second sentence of Tenn. Code Ann. § 56-53-110 applied only where there was proof that actual malice was absent. With regard to the statute of limitations governing claims related to diminution in value to a business, where the gravamen of the complaint is for breach of contract, the six-year period of Tenn. Code Ann. § 28-3-109 governs, but where the gravamen of the complaint is for injury to property, the three-year period of Tenn. Code Ann. § 28-3-105 governs. |
Wilson | Court of Appeals | |
Cannon County Board of Education v. Goldy Wade And Cannon County Education Association
Plaintiff’s employment contract as a probationary teacher was not renewed. He filed a grievance under the agreement existing between the local board of education and the local professional employees’ association. As the last step in the grievance procedure, the teacher sought binding arbitration. The board filed an action seeking a declaratory judgment that it was not required to arbitrate the former employee’s grievance. The trial court dismissed that action, and on appeal this court reversed and remanded for further consideration by the trial court. The trial court then ruled that the issues raised by the teacher were subject to arbitration, and the board again appealed to this court. We hold that a locally negotiated agreement cannot be interpreted to delegate to an arbitrator the decision of whether to renew a probationary teacher’s contract because state statutes clearly give that decision to local school officials. Consequently, we reverse the trial court. |
Cannon | Court of Appeals | |
Yellow Transportation, Inc. v. Larry Ward
Employer appeals the trial court’s grant of partial summary judgment in favor of Employee. The parties entered into a settlement agreement on Employee’s workers’ compensation claim. The agreement included language that Employee would not seek further employment with Employer. In granting partial summary judgment to Employee, the trial court found that the disputed language of the agreement did not create a contractual obligation on the part of Employee. We reverse and grant summary judgment in favor of Employer. |
Shelby | Court of Appeals | |
Mildred Louise Campbell v. Chester Eugene Campbell
This appeal involves the trial court’s classification and division of marital assets upon the parties’ divorce. The wife contends that the trial court incorrectly classified improvements made to the husband’s home with monies taken from the parties’ joint account as the husband’s separate property. Only the wife filed a brief, and we do not have a transcript of the proceedings or a statement of the evidence. We affirm the trial court’s ruling. |
Crockett | Court of Appeals | |
In Re: G.N.S., d/o/b 10/09/03
In this appeal, a mother and father challenge an order terminating their parental rights. We affirm the order as it pertains to the mother, and we reverse as to the father. |
Madison | Court of Appeals | |
Theresa L. Caldwell v. Canada Trace, Inc.
This is an appeal from a damage award. In the underlying litigation, the plaintiff owner of a mobile home sued the defendant owner of the mobile home park in which the mobile home was located, over the defendant’s eviction of the plaintiff and alleged conversion and trespass, resulting in damages to the mobile home. The trial court held in favor of the defendant mobile home park owner, and the plaintiff appealed. The trial court’s decision was reversed on appeal, and the case was remanded for the determination of the damages to the plaintiff mobile home owner. The trial court awarded compensatory damages to the plaintiff mobile home owner, who now appeals again, arguing that she should have received consequential and punitive damages. We affirm. |
Shelby | Court of Appeals | |
Kenneth Pettitt, et al. v. Curtis Williamson d/b/a Williamson Construction, et al.
Finding that the home purchasers created genuine issues of material fact as to whether the defendant facilitated the home sale for the contractor/seller, we reverse the trial court’s grant of summary judgment. |
Coffee | Court of Appeals | |
Doris P. Williams v. Jimmy D. Williams
This is a divorce case. During the course of the parties’ long-term marriage, the wife retired from her job as a teacher because of multiple health problems. In the divorce decree, the wife was awarded alimony in futuro. The husband filed a motion to alter or amend the judgment, which was denied. The husband appeals the award of alimony in futuro, and the denial of his motion to alter or amend. The wife asserts that this is a frivolous appeal. We affirm and find that this is a frivolous appeal. |
Shelby | Court of Appeals | |
Stanley A. Dumbaugh, et al. v. Dr. George E. Thomas, Individually and as an Employee of Transouth Healthcare, P.C., et al.
In this medical malpractice action, the trial court granted summary judgment in favor of the defendant doctor because the plaintiff had not personally served the defendant doctor; was put on notice of this insufficiency in the defendant’s answer; and took no action to re-issue the summons and serve the doctor. Following entry of summary judgment, the plaintiff sought relief from this judgment pursuant to Rule 60.02 (1), arguing that the statements of the trial court and the actions of the parties implied that service was proper and led his counsel to believe there was no need to reserve the defendant doctor. The trial court denied plaintiff’s motion, and the plaintiff appealed. Finding no abuse of discretion, we affirm. |
Madison | Court of Appeals | |
Michael Wallace Sherrod v. Tennessee Department of Human Service, et al.
The circuit court affirmed a final administrative order of the Tennessee Department of Human Services establishing a divorced father’s child support arrearage, directing that support be paid to the Central Child Support Receipting Unit, and issuing tax refund intercept notices. On appeal, the father contends that he did not owe the arrearage assessed against him, making the intercept notices invalid, that there were numerous irregularities in the administrative proceedings, and that |
Robertson | Court of Appeals | |
Arthur Kahn, et al. v. Paul J. Penczner, et al.
Lessees/Appellants filed suit against Lessors/Appellees for breach of a commercial lease after Lessors/Appellees refused to approve Lessees/Appellants’ proposed subtenants. The trial court found that Lessors/Appellees had failed to fully mitigate damages, and granted Lessor/Appellees only 50% of rents as damages, along with damages for taxes and insurance. Lessees/Appellants appeal the trial court’s award of rents, and the judgment for taxes and insurance. Lessors/Appellees raise additional issues concerning the trial court’s award of only a portion of its claimed attorneys fees, and the judgment based upon damage to the demised Building by Lessees/Appellants. Finding no error, we affirm. |
Shelby | Court of Appeals | |
Ahmad Suleiman d/b/a Barksdale Market v. City Of Memphis Alcohol Commission
Following a trial de novo on writ of certiorari, the trial court reversed the City of Memphis Alcohol Commission’s denial of a beer permit, ruling that the evidence did not support a finding that the sale of beer from the applicant’s market would interfere with the public health, safety, and morals. It ordered the City of Memphis to issue a beer license to the applicant. We conclude that the evidence preponderates against the trial court’s decision. We reverse and remand. |
Shelby | Court of Appeals | |
Martha Valentine v. Raymond Hobson
Pro se Appellant filed suit against Appellee Landlord for damages following a forcible entry and detainer. Appellant appealed the decision of the general sessions court to the Circuit Court at Fayette County. The circuit court found that Appellant had failed to meet her burden of proof and dismissed the appeal. Finding no error, we affirm. |
Fayette | Court of Appeals | |
Michael Golden v. Terry Murrell
Father and Mother are parents of a minor child born out of wedlock. After Mother regained custody of child, she petitioned the trial court for prospective and retroactive child support and medical insurance. Father also petitioned for retroactive child support. The juvenile referee set prospective child support and ordered Father to provide medical insurance for the child, but reserved the issue of retroactive child support pending the parties’ submission of their past years’ financial records. After multiple continuances and Father’s apparent unwillingness to comply with trial court’s discovery order, the Referee dismissed both parties petitions. A special judge affirmed. Father appealed and Mother cross-appealed. We remand the cause to the trial court to issue a ruling that contains a basis for the dismissal and for a determination of whether the trial court intended for its dismissal to serve as a denial of the parties’ petition for retroactive child support. |
Shelby | Court of Appeals | |
In the Matter of: JQW (D.O.B. 03/05/00) and LKW (D.O.B. 01/12/05)
This is a termination of parental rights case. On June 19, 2007, the Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Madison County to terminate the parental rights of Nikia Kiwan Long (“Mother”) and Terry Lowvall Woods (“Father”) to their minor children, JQW, born March 2000, and LKW, born January 2005. In its petition, DCS asserted the statutory grounds of abandonment, substantial noncompliance with the permanency plan, and persistence of conditions leading to the children’s removal from the home. Following a hearing on December 11, 2007, the trial court entered separate orders terminating Father’s rights and terminating Mother’s rights based on abandonment for failure to support, persistence of conditions that prevented the children’s return to Mother, and substantial noncompliance with the permanency plan. Only Mother appeals. We affirm. |
Madison | Court of Appeals | |
Lloyd M. Pegues v. Illinois Central Railroad Company
Plaintiff failed to comply with the trial court’s discovery order to produce two witnesses for deposition within forty-five days, and Defendant moved to dismiss under Tennessee Rule of Civil Procedure 37.02. Plaintiff appeals, asserting the trial court abused its discretion where there was no evidence of willful or dilatory conduct by Plaintiff. We vacate and remand. |
Shelby | Court of Appeals | |
In Re: B.R.W., et al.
The mother of five children appeals the termination of her parental rights. The juvenile court terminated mother’s rights on the ground of severe child abuse due to her failure to protect the children from sexual abuse by her husband. The court also found that terminating her parental rights was in all five children’s best interests. We affirm. |
Dickson | Court of Appeals | |
Bobby J. Burgess v. Kone, Inc.
A state maintenance worker was injured while cleaning water out of an elevator pit in the Legislative Plaza. The worker sued the contractor that provided elevator maintenance and repair services to the state. He claimed that the contractor was responsible for his injuries because the contractor violated its contract with the state by refusing to remove the water from the elevator pit and because it was negligent in not locking down the elevator when its employee knew people would be working in the pit. The trial court granted summary judgment in favor of the contractor. The worker appealed. We affirm. |
Davidson | Court of Appeals | |
Stephen E. DePasquale, M.D. v. Donald H. Chamberlain, M.D., et al.
Stephen E. DePasquale, M.D. (“Plaintiff”) was employed by Chattanooga Gyn-Oncology, LLC. Plaintiff’s employment was terminated in August 2006. The parties entered into a negotiated settlement agreement (the “Agreement”), whereby Plaintiff was to receive $49,500 in severance pay, conditioned upon his abiding by the terms of the Agreement. The Agreement also provided that if either party defaulted, the non-defaulting party was entitled to attorney fees if suit was filed to enforce the terms of the Agreement. When Plaintiff did not receive payment, he filed this suit to enforce the terms of the Agreement and sought damages in the amount of $49,500, plus interest and attorney fees. Donald H. Chamberlain, M.D. and Chattanooga Gyn-Oncology, LLC (“Defendants”) claimed Plaintiff had breached the terms of the Agreement and was not entitled to any severance pay. Defendants also sought an award of attorney fees. Following a trial, the Trial Court determined that Plaintiff had breached the Agreement and was not entitled to any severance pay. The Trial Court further determined that Defendants were not entitled to an award of attorney fees. Defendants appeal claiming the Trial Court erred when it refused to award them attorney fees. Plaintiff raises a separate issue, claiming that the Trial Court erred when it determined that he had breached the Agreement. We reverse the Trial Court’s judgment against Plaintiff, and remand for the entry of judgment in favor of Plaintiff for $49,500, plus attorney fees to be determined by the Trial Court. |
Hamilton | Court of Appeals | |
Rebecca Stafford Shell vs. Jon E. Shell
The plaintiff wife filed a Complaint for Divorce. The parties entered into a mediation which resulted in all issues being resolved in a mediated settlement, and the Final Report of the mediator was filed in Court. The plaintiff then voluntarily nonsuited her action for divorce, and refiled on the same date in Circuit Court. The Trial Court ultimately set aside the nonsuit, tried the issues raised, approved the mediated settlement and granted the parties a divorce. On appeal, we affirm. |
Sevier | Court of Appeals | |
Pierre Pons, et al v. Barry Harrison d/b/a B. Harrison Housewrights
Defendant Homebuilder left plaintiff Homeowners’ job site before completing construction of their residence. Homebuilder appeals the chancery court’s confirmation of an adverse arbitration award, arguing that the arbitrator exceeded his authority by refusing to enforce a provision of the contract that would have rendered the plaintiff Homeowners’ suit time barred. The limitation provision applied to suits for defective improvements to real estate. The gravamen of this breach of contract action was partial performance, not defective performance. Further, the arbitrator awarded to Homeowners the cost to complete the construction plus interest, attorney’s fees, and arbitration costs. Finding that the limitation period does not apply to this action, we affirm. |
Williamson | Court of Appeals | |
Patty J. Cheatwood v. Crystal D. Curle And Bud Davis Lincoln Mercury, LLC
This appeal concerns the scope of an employer’s liability for its employee’s allegedly negligent operation of a motor vehicle owned by the employer. In this case both the employer and the employee were sued after the employee became involved in an automobile accident with another motorist. Arguing that there was no basis for holding it vicariously liable for any negligence on the part of its employee, the employer moved the trial court for summary judgment. The employer’s motion was granted. We affirm and remand for further proceedings. |
Shelby | Court of Appeals | |
Chris Cagle v. Mark J. Hybner, et al.
The plaintiff, a songwriter and recording artist, filed this action against his manager and publisher seeking a declaration that the Exclusive Management Agreement and the Exclusive Songwriter Agreement were invalid and unenforceable due to various alleged breaches of fiduciary duty and breaches of contract. The defendants filed Counterclaims seeking a declaration that the Management Agreement and the Songwriter Agreement were valid, and that they sought to recover damages and attorney’s fees. The music publisher additionally sought specific performance of the Songwriter Agreement and an injunction to prevent the songwriter from composing any songs for others until the plaintiff fulfilled his obligation to the publisher. The Chancellor summarily dismissed the plaintiff’s Complaint. The Chancellor also summarily ruled that the Management Agreement and the Songwriter Agreement were valid and enforceable, that the plaintiff was in material breach of both agreements. As for the Songwriter Agreement, the Chancellor found that the plaintiff was obligated to compose and deliver to the publisher an additional 76 songs of marketable commercial quality, for which the publisher was granted equitable relief in the form of specific performance as well as injunctive relief, whereby the plaintiff was enjoined from composing any songs for others until the songwriter fulfilled his obligation to the publisher. The defendants were also awarded $737,201 in damages, which included an award of attorneys fees of $171,704. The plaintiff appealed presenting numerous issues. We affirm the Chancellor’s decision to dismiss the plaintiff’s Complaint. We also affirm the Chancellor’s determination that the Management Agreement and the Songwriter Agreement were valid and enforceable and that the plaintiff was in material breach of both agreements for which the defendants are entitled to recover damages. We, however, have determined the Chancellor erred by granting the publishing company extraordinary equitable relief in the form of specific performance and injunctive relief under the Songwriter Agreement. Because of our decision concerning specific performance and injunctive relief, each of which are factors to consider when determining the amount of attorney’s fees the defendants may be entitled to recover, we find it necessary to vacate the award of attorney’s fees in the amount of $171,704 and remand the issue, along with the issue of damages and other relief, if any, to which the defendants may be entitled. |
Davidson | Court of Appeals | |
Matthew Thornton, et al. v. Allenbrooke Nursing and Rehabilitation Center LLC, et al.
This appeal involves a dispute over an arbitration agreement, and stems from a nursing home abuse and neglect case. The decedent’s daughter signed all the paperwork associated with the decedent’s admission to the nursing home. An arbitration agreement was included in the admissions agreement. Decedent’s daughter, as next of kin, filed a complaint alleging nursing home abuse and neglect. The nursing home moved to stay the case and compel the matter to arbitration. The trial court held that daughter did not have authority to waive decedent’s constitutional right to a jury trial, and denied the nursing home’s motion. The nursing home appeals. We affirm the trial court’s decision. |
Shelby | Court of Appeals | |
State of Tennessee, ex rel Venessa Moore v. Michael Steven Moore
Father/Appellant appeals the trial court’s modification of child support. Specifically, Appellant asserts that the trial court erred in setting support based upon eighty days of visitation as set out in Tenn. Comp. R. & Reg. 1240-2-4-.04(7)(a) rather than the 182.5 days used for fifty/fifty parenting situations as contemplated in Tenn. Comp. R. & Reg. 1240-2-4-.02(12). Appellant also appeals the trial court’s denial of his motion for continuance. Finding no abuse of discretion, we affirm. |
Shelby | Court of Appeals |
