Teresa A. Martin v. Johnny L. Drinnon
This litigation arises out of a two-vehicle collision in Hawkins County. Teresa A. Martin ("the plaintiff") and her husband sued the driver of the other vehicle, Johnny L. Drinnon ("the defendant"), seeking damages and charging him with common law and statutory acts of negligence. The defendant answered and filed a counterclaim. The jury returned a verdict, finding the parties equally at fault. Judgment was entered on the jury's verdict and the trial court denied the plaintiff's motion for a new trial. The plaintiff appeals, raising, in effect, three issues. We vacate the trial court's judgment and remand for further proceedings. |
Hawkins | Court of Appeals | |
In Re: C.A.H.
Mother appeals termination of her parental rights. The juvenile court found that Mother was in substantial noncompliance with the permanency plan, that she failed to remedy the persistent conditions that prevented her child's return, and that termination was in the child's best interest. We affirm. The record contains numerous extraneous documents that do not pertain to the petition to terminate parental rights or the issues raised on appeal. The parties and the clerk have a responsibility to abridge the record. Tenn. R. App. P. 8A(c). Failure to abridge the record may result in a reduction of the juvenile court clerk's fee for the cost of preparing and transmitting the record. Tenn. R. App. P. 40(g). |
Coffee | Court of Appeals | |
Charles Conner v. Commissioner Michael Magill, Tennessee Department of Labor and Workforce Development, et al.
This is an unemployment compensation case in which Appellant was denied benefits by the Tennessee Department of Labor and Workforce Development. At all administrative levels it was determined that Appellant was discharged for “misconduct connected with such claimant’s work” and that he was, therefore, disqualified from receiving benefits under Tenn. Code Ann. § 50-7-303. This ruling was then affirmed by the lower court. Appellant then timely filed this appeal challenging the ruling of the lower court. For the following reasons, we affirm and remand for further proceedings. |
Shelby | Court of Appeals | |
TBC Corporation, v. Gene Wall, Geraldine Wall, Joe Wall, and Helen Wall, v. Marvin Bruce
TBC Corporation (“Plaintiff”) filed suit in the Chancery Court of Shelby County against Joe Wall, Helen Wall, Gene Wall and Geraldine Wall (collectively “The Walls” or “Defendants”) seeking a judgment for an amount due on an account secured by personal guaranties signed by defendants. The defendants filed an answer and a thirdparty complaint, the latter against Marvin Bruce, plaintiff’s president, (“Bruce”), by which they sought indemnification in the event plaintiff obtained a judgment against them. In their answer, the defendants denied that the guaranties were still in effect, and in addition, raised the affirmative defenses of release, waiver, abandonment and estoppel.1 The answer and third-party complaint also demanded a jury. |
Shelby | Court of Appeals | |
Gerald A. Ottinger v. Kimberly S. Ottinger
This is a child custody case in which both Gerald Ottinger (father) and Kimberly Ottinger (mother) filed petitions for primary residential custody of their daughter, Marlah Whitley Ottinger. The trial court granted joint legal custody to the parties and awarded primary residential custody to the father. The mother appeals, asserting that the court should have awarded her primary residential custody. We affirm the judgment of the trial court. |
Cocke | Court of Appeals | |
Steven Clay Holley, v. Sherri Lynn Hufford Holley
In this divorce action, the Trial Judge granted the parties a divorce, and allocated the marital and separate assets. |
Court of Appeals | ||
Susan Pykosh, et al., v. Stephanie A. Earps, et al.
This extraordinary appeal involves a Tenn. R. Civ. P. 35.01 request for a physical examination of an opposing party. Following a vehicular collision in Wilson County, one of the drivers and her passenger filed suit in the Circuit Court for Wilson County seeking damages from the driver and owners of the other vehicle. Issues involving the extent and permanency of the plaintiff driver's injuries caused by this collision arose after the plaintiff driver was injured in another accident, and the defendants requested permission for their medical expert to examine the plaintiff driver. The trial court denied the request, and the defendants filed a Tenn. R. App. P. 10 application with this court. We have determined that, under the facts of this case, the trial court's denial of the defendants' Tenn. R. Civ. P. 35.01 motion departs from the accepted and usual course of judicial proceedings of this sort. Therefore, we grant the Tenn. R. App. P. 10 application and reverse the order denying the Tenn. R. Civ. P. 35.01 motion. |
Wilson | Court of Appeals | |
Williams Holding Company D/B/A Raleigh Hills Apartments v. Sharon T. Willis, et al.
Plaintiff, owner of an apartment complex, filed suit seeking damages caused by a fire in an apartment occupied by Defendants. The parties consented to arbitration. The parties stipulated to the damages in the amount of $73,414.64. Further, it was stipulated that Plaintiff settled with two of the three Defendants whereby the two Defendants payed 50%, $36,707.32, of the property damage. Subsequently, the arbiter ruled that the remaining Defendant was 100% at fault and liable for the total amount of damages, $73,414.64. Plaintiff filed a motion with the trial court to confirm the arbiter's award. In response, the remaining Defendant filed a motion to modify, correct, and/or to vacate the arbitration award and a motion for credit, set off and reduction of award. The trial court confirmed the arbiter's award, thereby denying Defendant's motions. Defendant appeals. For the following reasons, we reverse the decision of the trial court and modify the arbitration award. |
Shelby | Court of Appeals | |
Jordan Ashton Danelz v. John Gayden
Mother and husband divorced. In her complaint for divorce, mother stated that her son was born of their marriage. Husband paid son’s child support. Upon reaching the age of majority, son filed a paternity action against alleged father. Son relied upon mother’s affidavit as proof of requisite sexual contact. The alleged father filed a motion to dismiss for failure to state a claim arguing mother was judicially estopped from making the statements contained in her affidavit in light of her statements made in her divorce complaint. The juvenile court granted the motion to dismiss. For the following reasons, we reverse the decision of the trial court and remand for proceedings consistent with this opinion. |
Shelby | Court of Appeals | |
Robert T. Irvin, v. The Plasma Center, et. al.
Robert T. Irvin sued the defendants for refusal to continue to accept his donation of plasma to The Plasma Center. Defendants filed a motion for summary judgment. The trial court entered an order stating that the complaint failed to state a cause of action and, that if Mr. Irvin’s cause of action lies in medical malpractice, he failed to meet his requisite burden in responding to the defendants’ motion for summary judgment. The motion for summary judgment was granted and Mr. Irvin appeals. |
Montgomery | Court of Appeals | |
Charles Montague, v. Tennessee Department of Correction and Warden Howard Clayton - Concurring
I concur with the court’s conclusion that Mr. Montague’s complaint fails to state a claim for which relief can be granted under Tenn. Code Ann. §§ 4-5-223 through 4-5-225 (1991 & Supp. 1997). |
Court of Appeals | ||
Planned Parenthood Association of Tennessee, v. Don Sundquist, Governor of the State of Tennessee
This appeal presents a multifaceted challenge to the constitutionality of Tennessee’s abortion statutes. After a physician and a clinic in Knoxville were charged with violating these statutes, two other clinics in Memphis and Nashville, joined by three physicians, filed suit in the Circuit Court for Davidson County seeking declaratory and injunctive relief under the Constitution of Tennessee. The trial court struck down the residency requirement, the waiting period, and the requirement that physicians inform their patients that an abortion is a major surgical procedure. After making its own substantive revisions in the statutory text, the trial court upheld the mandatory hospitalization requirement, the remaining informed consent requirements, and the newly enacted parental consent requirement. We have determined that the trial court erred by revising the text of several provisions. We have also determined that the emergency medical exception enacted by the General Assembly is unconstitutionally narrow, that the combined effect of the waiting period and the physician-only counseling requirement places an undue burden on women’s procreational choice, and that the remaining challenged provisions as construed herein pass constitutional muster. |
Davidson | Court of Appeals | |
Clyde Norman Brewer, Jr., v. Carol Cordell Coletta and Coletta & Company, Inc.
This appeal involves an action for breach of an employment agreement. Defendants, Carol Cordell Coletta and Coletta & Company, Inc., appeal from the judgment of the chancery court which entered judgment in the amount of $31,800.00 in favor of the plaintiff, Clyde Norman Brewer, Jr. |
Shelby | Court of Appeals | |
David T. Bailey and E. Lynn Wagner in their own right and derivative for the use and benefit of Southeastern Healthcare Svcs., L.P., v. Tom Holbert, as general partner of Southeastern Healthcare Svcs. L.P. et al.
This is a suit by David T. Bailey and E. Lynn Wagner in their own right and derivatively for the use and benefit of Southeastern Healthcare Services, L.P., a Limited Partnership in which they were partners, against Tom Holbert, as general partner, Moore's Pharmacy, Inc., D/B/A Marcum's Healthcare Services, and Carl Marcum and Gina Marcum Pinney, as Officers and Directors and/or Employees and Agents of and for Moore's Pharmacy, Inc., and Tom HOlbert, Carl Marcum and gina Marcum Pinney, Individually. The suit stems from the purchase by Southeastern Healthcare Services of a unit dosage pharmacy business from Moore's Pharmacy, Inc., for the sum of $275,000. The complaint alleged a cause of action for negligent misrepresentation and breach of warranty. |
Knox | Court of Appeals | |
State of Tennessee, Department of Human Services v. Joe Eric Taylor, Sr.
This is an appeal from a judgment of the juvenile court of Knox County wherein the court terminted the parental rights of the appellant (defendant). For reasons hereinafter stated, we reverse the judgment of the trial court. |
Knox | Court of Appeals | |
Paula Ruth Sheffield Hartman, v. Melvin Thomas Hartman, Jr.
Melvin Thomas Hartman, Jr., appeals a divorce judgment rendered by the Circuit Court for Hamilton County, On apeal he insists that the Trial Court erred in its award of certain jewelry to his wife, Paua Ruth Sheffied Hartment, as separate property which was in fact marital preperty. Mr. Hartman also insists that the Trial Court made an inequitable division of the marital estate since the Trial Court refused to consider the tax consequences of awarding Mr. Hartman certain retirement funds in exchange for Ms. Hartman receiving the equity in their home and other real property. Mr. Hartman filed a motion for reference to a Special Master due to the "complex valuation and categorization issues. " |
Hamilton | Court of Appeals | |
Mike T. Hunter, v. Damien V. Burke and Donnie Wear, and Joe Guffey, Individually and doing business as J.D. Auto Sales, and Edwin Thompson, A/K/A Edward Thompson
This is a suit for damages arising out of personal injuries sustained by Mike T. Hunter (Hunter) when he was hit by an automobile driven by the defendant Damian V. Burke (Burke). Burke's vehicle ws owned by the defendants Donnie Wear (Wear) and Joe Guffey (Guffey). The trial court directed a verdict against all of the appealing defendants. 1. The jury then awarded Hunter compensatory damages of $270,000. These defendants appealed, raising the following questions for our resolution: |
Bradley | Court of Appeals | |
Lamar Advertising of Tennessee, Inc., v. City of Knoxville
Lamar Advertising of Tennessee (Lamar) appeals from an order of the Chancerty Court of Knox County that upheld the validity of a provision of the kNoxville City Code, Article V, Section 10-N (Ordinance) that assesses a license fee per annum for the inspection of all existing ground and portable signs within the City of Knoxville. Lamar owns and maintains 350 outdoor advertising sturctures within the City of Knoxville and has challenged the validity of the ordinance. |
Knox | Court of Appeals | |
Roy S. Oakes, v. Harry Lane Nissan, Inc.
In this action for damages for breach of lease, the Trial Judge awarded damages in the amount of $25,000.00 and defendant has appealed. |
Hamblen | Court of Appeals | |
Patty Jean Talbott and Sam Talbott, v. Judy F. Slaven
Patty Jean Talbott and her husband, Sam Talbott, appeal a judgment entered in the Circuit Court for KNox County which, in accordance with a jury verdict, awarded her $2264.59 for personal injuries received in an automobile accident. The jury obviously found that Mr. Talbott suffered no damages and fixed his recovery at zero. |
Knox | Court of Appeals | |
Rhonda Lee Smith (Baliles) v. Home Beneficial Life Insurance Company
This case is before us pursuant to the grant of two Rule 9 Interlocutory Appeals, one to Plaintiff Rhonda Lee Smith and the other to Larry Wallace, in his offical capacity as Director of the Tennessee Bureau of Investigation. |
Bradley | Court of Appeals | |
Tami Sprintz Hall v. Richard Hamblen, et al.
Homeowners of a new residence brought an action against a subcontractor for breach of contract, negligent misrepresentation, professional negligence, and violation of the Tennessee Consumer Protection Act. The trial court found that there was a breach of contract and awarded attorney's fees under the Tennessee Consumer Protection Act. Subcontractor appealed insisting that because no violation of the TCPA was found, the trial court lacked a basis to award attorney's fees. We agree and reverse the judgment of the trial court with respect to the award of attorney's fees. |
Davidson | Court of Appeals | |
In the Matter of: M.E., M.E., R.B., M.B., S.B.
Mother and father of three children appeal termination of their respective parental rights. Mother appeals arguing that the trial court erred in finding persistence of conditions sufficient to terminate her rights. We reverse, finding that the Department failed to make reasonable efforts to reunite Mother with her children. Father appeals alleging that he was denied counsel and/or the effective assistance of counsel. The trial court appointed counsel to represent Father but thereafter relieved appointed counsel without stating a basis and did not appoint substitute counsel. Father retained an attorney on the eve of trial but this retained attorney only appeared on four of the seven days of trial and was absent during significant portions of the days he attended. Since the trial court initially found that Father was entitled to appointed counsel and never made a finding that Father was no longer entitled to appointed counsel or that he had waived the right to counsel, we find that the trial court erred when it failed to appoint substitute counsel. Father attempted to retain counsel; however, retained counsel's repeated failures to attend the hearings was equivalent to Father having no counsel. Thus, Father was deprived of the right to counsel. Accordingly, we vacate the judgment terminating Father's parental rights. |
Davidson | Court of Appeals | |
In the matter of: C.T.S.
The trial court terminated Father’s parental rights based on Tenn. Code Ann. § 36-1-113(g)(6) and Mother’s parental rights based on Tenn. Code Ann. § 36-1-113(g)(1). Mother and Father appeal. We affirm. |
Tipton | Court of Appeals | |
In the Matter of: S.R.C.
The trial court terminated Mother’s parental rights. We affirm. |
Gibson | Court of Appeals |
