Alice Hale vs. Wayne Culpepper M2002-01955-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: L. Craig Johnson
Following the death of a child's mother, the maternal grandmother filed a petition to establish grandparent visitation with her grandson. After a hearing where the trial court heard testimony and after an independent psychological report, the trial court awarded visitation to the grandmother. The father appeals, arguing that the evidence preponderates against the trial court's decision. Because the record contains no evidence of danger of substantial harm to the child, we reverse the decision of the trial court.
Coffee
Court of Appeals
Alan Reece Cunningham vs. Sylvia Delain Cunningham M2002-01659-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Nolan R. Goolsby
The case involves the dissolution of a marriage of seven years. The trial court granted the divorce to the wife, divided the marital property between the parties in roughly equal proportions, found that the wife was not economically disadvantaged, and declined to award her any form of alimony. The wife appeals the court's alimony decision. We find the wife is entitled to alimony because, contrary to the trial court's finding, we believe the evidence shows that she is economically disadvantaged when compared to her former spouse. We modify the judgment to award her alimony in solido.
Putnam
Court of Appeals
Govindaswamy Nagarajan vs. Sandra Scheick M2000-02323-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ellen Hobbs Lyle
This appeal is an outgrowth of complaints filed by a group of Tennessee State University students regarding the performance of their physics professor. After the students complained to the university, the professor filed a pro se complaint in the Chancery Court for Davidson County against the Tennessee Board of Regents, the university, four university administrators, and twenty-four students, alleging breach of contract, defamation, intentional infliction of emotional distress, and discrimination based on age, race, and national origin. The trial court dismissed the professor's complaint in its entirety in response to motions to dismiss filed by the university defendants and a number of the student defendants. The professor then filed serial "motion[s] to vacate the order of dismissal for just cause." The trial court denied the first motion and, treating the second motion as a Tenn. R. Civ. P. 60.02(2) motion, also denied the second. On this appeal, the professor seeks to raise twelve issues regarding the merits of his claim. However, the only matter properly before us is the denial of his second "motion to vacate the order of dismissal for just cause." We have determined that the trial court properly denied this motion. We have also determined that this appeal is frivolous.
Davidson
Court of Appeals
Lewis Langley vs. Sarah Langley M2002-02278-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Marietta M. Shipley
Husband's proposed division of marital assets was adopted by the trial court. Wife received more than one-half of the assets, amounting to one and one-quarter million dollars, mostly liquid. Husband was nevertheless ordered to pay substantial alimony, both in solido and in futuro, together with attorney fees and certain expenses, including the maintenance of a three-quarter million dollar policy of life insurance with Wife as beneficiary. The alimony in solido award is affirmed, and the remaining awards are vacated.
Davidson
Court of Appeals
Thomas K. Bowers vs. Gutterguard of Tennessee M2002-02877-COA-R3-CV
Authoring Judge: Judge Frank Clement, Jr.
Trial Court Judge: Hamilton V. Gayden, Jr.
The defendant challenges the Circuit Court's dismissal of an appeal from General Sessions Court for failure to comply with Davidson County Local Rule of Practice 20(b). The Local Rule required the appealing party to set the matter for trial no more than 45 days following the Circuit Court Clerk's receipt of the appeal. Though the defendant had filed a motion to set, an order setting the matter for trial had not been entered when the Circuit Judge dismissed the appeal and made the judgment of the General Sessions Court the final judgment. The defendant/appellant sought Rule 60.02(1) relief, claiming excusable neglect, which was denied. Based upon recent authority, determination of "excusable neglect" for Rule 60 purposes now requires an evaluation of three factors: whether the defaulting party's conduct was willful, whether there exists a meritorious defense, and whether the non-defaulting party has been prejudiced. We find the defendant's negligence was not willful and that the plaintiff suffered no prejudice; however, the record is silent concerning whether the defendant has a meritorious defense. Therefore, we reverse the trial court and remand the matter to the Circuit Court for further proceedings consistent with this ruling.
Davidson
Court of Appeals
Kathy Clark vs. Randall McClung M2003-00552-COA-R3-CV
Authoring Judge: Judge Frank Clement, Jr.
Trial Court Judge: Hamilton V. Gayden, Jr.
Due to plaintiffs' failure to file an alias summons within one year of the date the original complaint and summons were filed, the Circuit Court granted defendant's Motion to Dismiss for plaintiffs' failure to Comply with Rule 3, Tenn. R. Civ. P. Plaintiffs appealed asserting the error was due to the Circuit Court Clerk's refusal to file the alias summons and that the trial court abused its discretion in dismissing the case. We affirm the judgment of the trial court.
Davidson
Court of Appeals
Dept of Children's Srvcs. vs. A.W.S. & E.S. In Re: R.T.S. E2002-02227-COA-R3-JV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: William T. Denton
The State of Tennessee, Department of Children's Services ("DCS") filed a petition seeking to terminate the parental rights of A.W.S. ("Mother") and E.S. ("Father"), the biological parents of the minor child, R.T.S. ("the Child"). The Juvenile Court granted DCS' petition to terminate Mother's and Father's parental rights. Both Mother and Father appeal. We affirm.
Blount
Court of Appeals
Ronald Paul v. State M2003-01244-COA-R9-CV
Appellant, a state prison inmate, filed a claim with the Tennessee Claims Commission against the State of Tennessee for the alleged malpractice of Dr. Paul Somers, a physician acting under contract with the Department of Corrections, to provide medical care for inmates. The Commission granted summary judgment on the basis that Dr. Somers was not a "state employee" within the meaning of Tennessee Code Annotated section 8-42-101(a)(3). We affirm the action of the Commission.
Court of Appeals
03-03-026-CC 03-03-026-CC
Trial Court Judge: A. Andrew Jackson
Dickson
Court of Appeals
In the Matter of: D.L.(P.)C.,et al M2003-00088-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Muriel Robinson
Mother appeals the trial court's award of custody of her four minor children to the Tennessee Department of Children's Services based on a finding of dependency and neglect. We affirm.
Davidson
Court of Appeals
Jennifer Biscan v. Franklin Brown M2001-02766-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Carol L. Soloman
After attending a party where alcohol was present, a minor intoxicated driver and minor guest passenger were involved in an automobile accident in which the passenger suffered serious injury. The passenger sued the driver and the adult host of the party. The jury awarded the minor guest passenger damages and allocated fault 70% to the minor intoxicated driver, 15% to the adult party host, and 15% to the minor guest passenger. The driver and the host appeal various rulings of the trial court. We affirm.
Davidson
Court of Appeals
Morristown Surgery v. Tennessee Health Facilities Commission M2002-02872-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ellen Hobbs Lyle
This appeal under the Administrative Procedures Act challenges a chancery court order affirming the dismissal of the Appellant's Petition for Contested Case Review. We affirm.
Davidson
Court of Appeals
Cecil Jacobs v. Edwin Underhill M2002-02866-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Timothy L. Easter
The appellants challenge the trial court's Order commanding them to remove a portion of their patio and garage and any portion of their residence constructed since 1999 which encroaches on the appellees' property. We affirm.
Perry
Court of Appeals
Dept.of Child.Services vs. G.C. E2003-01532-COA-R3-CV
Trial Court Judge: Suzanne Bailey
The trial court terminated the parental rights of G.C. ("Mother") with respect to her minor children, I.A.J.C. (DOB: April 3, 1999), M.L.K.L.II (DOB: July 31, 2000), and J.E.L. (DOB: July 22, 2002). Mother appeals, arguing that the evidence preponderates against the trial court's finding, by clear and convincing evidence, that statutory grounds exist for termination. We affirm.
Hamilton
Court of Appeals
Bridgecourt Apartments vs. Carmen Ellerbe E2003-01298-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Daryl R. Fansler
Plaintiff paid off mortgage on apartments and then sued for an accounting, alleging overpayment. The Trial Court invoked the voluntary payment rule and dismissed the case. On appeal, we affirm.
Knox
Court of Appeals
Walter E. Grantham, IIl vs. Robert Larry McGill E2003-02005-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Howell N. Peoples
Mary Frances McGill sued Robert Larry McGill ("Defendant") seeking return of personal property and claiming fraudulent execution of a deed to real property. Ms. McGill died and Walter E. Grantham, II, Administrator C.T.A. of the Estate of Mary Frances McGill ("Plaintiff") was substituted as plaintiff in this case. The case was tried and the Trial Court entered a final decree dismissing the complaint. Plaintiff appeals. The record contains neither a transcript nor a statement of the evidence. We affirm.
Hamilton
Court of Appeals
Kennedy Woods v. Nashville and Davidson County M2001-03143-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Irvin H. Kilcrease, Jr.
This case involves an Administrative Procedures Act appeal from the chancery court's determination of Appellant's Petition for Judicial Review. The petition sought review of the Civil Service Commission's final order affirming Appellant's termination for violation of the Metro Nashville Fire Department's Zero-Tolerance Policy on Substance Abuse. We affirm the order of the trial court.
Davidson
Court of Appeals
Lorraine Miller v. Bruce Miller M2002-02731-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: R.E. Lee Davies
The trial court awarded a divorce to a sixty-four year old woman with multiple health problems, and ordered her former husband to pay her $700 per month as alimony in futuro. The husband argues on appeal that the trial court erred, because the wife was capable of working, and was therefore only entitled to rehabilitative alimony. We affirm the trial court.
Williamson
Court of Appeals
Kevin Demers v. Karen Demers M2002-01970-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Ross H. Hicks
This involves a post-divorce petition to reduce child support. The mother and father were divorced in 1998, and the mother was awarded custody of the parties' three children. The father was ordered to pay child support plus private school tuition, based on substantial annual earnings from self-employment. In December 2000, the father filed a petition to have his child support payments reduced based on a decline in his business. The father later liquidated the assets of his business and quit work. He subsequently amended his petition, asserting that he had earned no income since the liquidation of his business. After a bench trial, the trial court rejected the father's petition for a reduction in child support, finding that the father was willfully underemployed. The father now appeals. We affirm, finding that the evidence does not preponderate against the trial court's determination that the father was willfully underemployed.
I respectfully dissent from the majority’s decision to reinstate the jury verdict. I would
reverse the judgment below and remand for a new trial on all issues.
American Excavators, LLC ("Plaintiff") entered into a subcontract agreement with RCR Building Corporation ("Defendant") which required Plaintiff to perform excavation and utilities work for the Williamson County community services building. The subcontract agreement provided for certain excavation work to be done for a lump sum and states that "[a]ny additional undercutting and refilling of areas due to unsuitable soils will be done for a unit price of $12.50 per cubic yard." Plaintiff claims that while performing the work, it encountered a large amount of unsuitable soil that it removed and replaced. Plaintiff later submitted change orders to Defendant requesting to be paid for the removal of the alleged unsuitable soil. Defendant paid a portion of the change orders, but refused to pay the entire amount. Plaintiff sued for breach of contract. After a bench trial, the Trial Court dismissed Plaintiff's claims against Defendant. Plaintiff appeals. We affirm.
This appeal involves claims of breach of contract for sale of real estate and procurement of breach of contract. After a jury trial, the defendants Robert and Glenda Knight were found to have breached the real estate sales contract with the plaintiffs and plaintiffs were awarded $185,476.48. The jury also found that the defendants Bob Parks and John Harney procured the breach of contract by the Knight defendants and awarded plaintiffs $556,429.44. The trial judge remitted the damage award against the Knights to $0.00.
This extraordinary appeal arises from the lower court's denial of Appellants' motion to dismiss under the doctrine forum non conveniens. The case is comprised of thirty-one lawsuits, based on automobile accidents in Mexico involving Ford and Firestone products, that are consolidated in Davidson County, Tennessee for pretrial purposes. Using the approach set forth by the Tennessee Supreme Court in Zurick v. Inman, the trial court found that dismissal of the case was not necessary. For the following reasons, we reverse the ruling of the lower court.
Davidson
Court of Appeals
C & G Seeds, Inc. v. Sammy Taylor M2002-01572-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Clara W. Byrd
A farming supply store brought suit against an account holder for money due on an unpaid account. The trial court found that the store failed to prove any monies were owed. The farming store appeals, arguing that the evidence preponderates against the trial court's decision. We affirm the decision of the trial court.
Smith
Court of Appeals
Carrie Denning Nolley v. Paul Eichel, Pat Patton and Eight Tracks Management Co., LLC M2006-00879-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Barbara N. Haynes
Bar patron filed a negligence action against bar owners for injuries sustained when she slipped and cut her hand on a broken beer bottle. Defendants filed a motion for summary judgment which the trial court granted finding that Plaintiff failed to establish that Defendants had actual or constructive notice of the dangerous condition. We affirm the judgment of the trial court.
