Tarif vs. Bullion, et al M1999-00475-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Donald P. Harris
Petitioner, a state prisoner, appeals the action of the trial court in dismissing under Tennessee Rule of Civil Procedure 12.02(6) his civil rights complaint. We affirm.
Hickman
Court of Appeals
Davis vs. TN Bd. of Paroles M2000-00668-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ellen Hobbs Lyle
This is another in a series of cases filed by a certain prison inmate, Ronald L. Davis, this time seeking the issuance of a common law writ of certiorari on the basis that the Tennessee Board of Probation and Parole improperly refused to grant him early release. The board cited the seriousness of the offense for which he was convicted as the basis for its decision and moved for dismissal of the petition or alternatively for summary judgment. The trial court held this suit to be barred by Tennessee Code Annotated section 41-21-812 which prohibits the filing of subsequent lawsuits by inmates who have unpaid costs related to previous suits. The trial court dismissed this case under Tennessee Code Annotated section 41-21-812 and on the basis that the Petition for Writ of Certiorari failed to state a claim upon which relief could be granted. We affirm.
Davidson
Court of Appeals
State ex rel Graham vs. Cherry M1999-01623-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Muriel Robinson
669. The trial court granted child support from the time of the filing of the petition. However, the court denied retroactive support on the basis of the delay of the State of Tennessee in filing the petition finding that such a judgment would be burdensome to the respondent, David R. Cherry, Jr., the father of the children. The State of Tennessee appeals, and we reverse and remand on the issue of retroactive child support.
Davidson
Court of Appeals
Kelly vs. So. Central Corr. Facility Disciplinary Bd. M1999-02083-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Robert L. Jones
Petitioner, Henderson Kelly, appeals the action of the trial court in granting a Tennessee Rule of Civil Procedure 12.02(6) motion to dismiss his petition for a writ of certiorari requesting review of an agency decision. We affirm the action of the trial judge.
Wayne
Court of Appeals
Donna Martin vs. Mary Coleman, et al M1999-02238-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Allen W. Wallace
This is a dispute over real property which was the subject of an installment land sales contract between the parties and over the proceeds of an insurance policy after the dwelling on the property burned. The trial court ordered that the title to the property be divested from the Seller and be vested in the Buyer and that the remaining proceeds of the insurance policy be awarded to Buyer after all overdue payments of taxes and insurance and the incurred clean up costs were deducted. The Seller appeals on the grounds that the evidence was contrary to the judgment and that the plaintiff had breached the contract and is entitled to neither the property nor the insurance proceeds. For the reasons below, we affirm the judgment as modified.
Humphreys
Court of Appeals
Frazier vs. Whisman M1997-00225-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Carol L. Mccoy
This appeal arises from the efforts of an inmate of the Tennessee Department of Correction to have his sentence recalculated. The prisoner initially wrote to an employee of the department requesting the recalculation. Ten months after receiving the department's letter denying his request, the prisoner filed a petition for a declaratory judgment in the Chancery Court for Davidson County. The trial court dismissed the petition, and the prisoner appeals. We affirm the trial court because the prisoner did not file his petition within sixty days of the department's decision.
Davidson
Court of Appeals
Beech vs. Hibbett M1997-00239-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Carol L. Mccoy
This appeal involves a dispute over the proceeds from the Department of Transportation's condemnation of a portion of a tract of real property on Harding Road in Davidson County. When the condemnation took place, a life tenant was occupying the property with a vested remainder interest being held by the life tenant's stepdaughter. Following a disagreement over who should receive the condemnation proceeds, the life tenant's stepdaughter filed suit in the Chancery Court for Davidson County. After the State paid the proceeds into court, the trial court awarded the proceeds to the stepdaughter on the condition that she invest them and share the investment income equally with her stepmother for the duration of the life tenancy. The life tenant has appealed. We have determined that the trial court erred by awarding the condemnation proceeds to the life tenant's stepdaughter and, therefore, reverse the judgment.
Davidson
Court of Appeals
Michael Youmans vs. Samuel Coleman W2000-00150-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Julian P. Guinn
This is a construction case. The general contractor sued the homeowner for failing to make payment under the contract and for failing to pay for "extras" not contained in the original contract. The homeowner asserted that the general contractor failed to make certain corrections to the home, and that he did not agree to pay for "extras." After a bench trial, the trial court held for the homeowner. The general contractor appeals. We affirm, finding that the trial court's decision was based on its determination of the credibility of the witnesses.
Carroll
Court of Appeals
The Bogatin Law Firm vs. Hallum Motors W2000-00409-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Floyd Peete, Jr.
Appellee, an Arkansas corporation, and Appellant, a Delaware corporation authorized to do business in Arkansas and Tennessee, entered into an asset sales agreement for the sale and purchase of assets relating to an automobile dealership in West Memphis, Arkansas. Earnest money was placed in escrow with the Bogatin Law Firm, PLC in Memphis, Tennessee. Dispute concerning the asset sales agreement arose, and both parties made claim to the earnest money. The Bogatin Law Firm filed a complaint for interpleader in Shelby County, Tennessee. Appellee filed a motion to dismiss based upon improper venue which the trial court granted. We reverse, finding that venue in Shelby County was proper and that Appellee submitted to jurisdiction in Shelby County, Tennessee.
First Utility District of Knox County vs. Eleanor Jo Jarnigan-Bodden E1999-01674-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Harold Wimberly
The property owner objected to service of process and asserted due process violations relating to a utility district easement condemnation. Service of process by publication was proper notice to the non-resident Cayman Islands resident, there was no showing that the condemnation for public purpose was not necessary, and there was no right for the property owner to demand a jury of view to determine the proper easement for a water line. Judgment of the Trial Court is affirmed and the case remanded for determination of the compensation due the property owner for the taking.
The property owner objected to service of process and asserted due process violations relating to a utility district easement condemnation. Service of process by publication was proper notice to the non-resident Cayman Islands resident, there was no showing that the condemnation for public purpose was not necessary, and there was no right for the property owner to demand a jury of view to determine the proper easement for a water line. Judgment of the Trial Court is affirmed and the case remanded for determination of the compensation due the property owner for the taking.
M2008-01607-COA-R3-PT M2008-01607-COA-R3-PT
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Larry G. Ross
Warren
Court of Appeals
Willie Toles/Ida Toles vs. City of Dyersburg W1999-01238-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Lee Moore
The present appeal arises out of a zoning dispute between the plaintiff property owner and the City of Dyersburg, Tennessee. The property in question had been operated as a tavern since 1960. In 1998, the area in which the property was located was re-zoned as a residential area. At that point, the tavern became a non-conforming use. Prior to the re-zoning, the tavern's business license had expired and the beer license had also lapsed. The operator of the club applied for a beer permit but was denied based upon the fact that at the time of the re-zoning there was no business in operation on the premises. Therefore, the City determined that the premises could not be "grandfathered" into the new zoning classification. The Plaintiffs filed a Statutory Writ of Certiorari challenging the City's actions. The trial court held a trial de novo after which the City's actions were upheld.
Dyer
Court of Appeals
Victor Williams vs. Percey Pitzer W2000-00028-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Jon Kerry Blackwood
This is a habeas case. A Wisconsin inmate housed in a Tennessee prison filed a petition for a writ of habeas corpus. The prisoner was incarcerated in Tennessee pursuant to a contract between the Wisconsin correctional department and a private corporation. In his petition, the prisoner alleged that the Wisconsin correctional department did not have the authority to transfer him across state lines, and thus, his incarceration in Tennessee was illegal. The trial court dismissed his petition for failure to state a claim upon which relief can be granted. The plaintiff prisoner appealed. We affirm.
Hardeman
Court of Appeals
Robinson Property vs. Yoanne Russell W2000-00331-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: D'Army Bailey
This case arises out of a $23,800.00 debt incurred by appellee Yo Anne Russell at the Horseshoe Casino and Hotel in Robinsonville, Mississippi. The court below granted summary judgment to Yo Anne Russell because the court held that the debt represented by the drafts is unenforceable in Tennessee due to public policy considerations embodied in section 29-19-101 of the Tennessee Code. Plaintiff appeals from the court below, arguing that the trial court erred in granting summary judgment to Defendant Yo Anne Russell. For the reasons stated hereafter, we reverse the judgment of the trial court.
Shelby
Court of Appeals
Hansom Davis vs. Alfred Earls W2000-00280-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Joe C. Morris
This is a suit by a prisoner against his former lawyer. The prisoner, convicted of rape and other crimes, was represented by the defendant, a former assistant public defender, in an unsuccessful attempt to obtain post-conviction relief. The prisoner later sought post conviction relief again in Circuit Court, proffering an affidavit purportedly signed by his victim recanting her statement that the prisoner had raped her. By this time, the defendant was no longer an assistant public defender, but had become employed as an assistant district attorney general. The defendant received information that the affidavit proffered by the prisoner was a forgery, and instigated proceedings that led to the prisoner's indictment for subornation of perjury. The prisoner sued the defendant attorney for breach of contract, official misconduct, and negligence per se. The trial court granted the defendant's motion to dismiss and/or for summary judgment. The prisoner appeals, and we affirm.
Madison
Court of Appeals
Joseph Canepari vs. George Summers W2000-00527-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Dewey C. Whitenton
This is a suit for the partition of land. The Appellees brought a Complaint for Partition of Land by Sale in the Chancery Court of Fayette County. The Appellants answered and brought a counterclaim requesting the trial court to order the Appellees' one third-interest in the property to be partitioned by sale to the Appellants. The Chancery Court of Fayette County found for the Appellees, ordering the property to be sold by partition.
Fayette
Court of Appeals
Beasley Cotton Co. vs. Ralph W1999-00273-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Dewey C. Whitenton
This appeal arises from a breach of contract between Farmer and Broker. After signing a contract to deliver cotton to Broker, Farmer failed to do so. Broker was then forced to purchase the cotton elsewhere for a substantial loss and brought suit to recover the losses. At the start of the trial, Farmer requested that the trial court dismiss the case and order the parties to proceed to arbitration. Finding that Farmer had waived his rights under the contract to arbitration, the trial court refused. Proceeding with the case, court found that Farmer had breached the contract and awarded damages to Broker. We affirm.
Tipton
Court of Appeals
Dept. of Children's Services v. T.L.C. M2003-00509-COA-R3-JV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Timothy R. Brock
In this appeal the Appellant, R.L.P, Sr., argues that the Trial Court erred in terminating his parental rights to his son, R.L.P., Jr. We vacate the judgment of the Trial Court and remand.
Coffee
Court of Appeals
Hobbs vs. Hobbs M1999-00715-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Thomas W. Graham
Two years after a divorce, and eight months after the divorce decree was affirmed on appeal, the former husband filed a pro se motion asking the trial court to review new evidence and to find that he had been defrauded and denied his constitutional rights in the divorce proceeding. The trial court treated the pleading as a motion under Rule 60, Tenn. R. Civ. P., and held that the motion was (1) untimely and (2) not supported by the proof submitted by the movant. We affirm the trial court.
Sequatchie
Court of Appeals
Borders vs. Crow M1999-00985-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Hamilton V. Gayden, Jr.
This is a suit by employee for compensation allegedly due after discharge under oral contract of employment. Upon finding that the discharge was for cause, the jury nevertheless returned a verdict for the employee for post-discharge compensation. On the employer's appeal, we vacate that part of the judgment awarding post-discharge compensation.
