| Midwestern Gas Transmission Company v. David Smith et al.
M2005-00799-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
| Midwestern Gas Transmission Company v. James R. Stephenson, et al.
M2005-00826-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
| Midwestern Gas Transmission Company v. Larry Law et al.
M2005-00790-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
| Midwestern Gas Transmission Company v. Nikki Wallace et al.
M2005-00819-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
| Midwestern Gas Transmission Company v. William Sherron et al.
M2005-00800-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
| Midwestern Gas Transmission Company v. Robert G. Ingrum et al.
M2005-00827-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
| Midwestern Gas Transmission Company v. Harold B. Knight et al.
M2005-00791-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
| Midwestern Gas Transmission Company v. Berton Gregory et al.
M2005-00820-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
| Midwestern Gas Transmission Company v. Frank A. Bass et al.
M2005-00801-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
| Midwestern Gas Transmission Company v. Michael Rippy et al.
M2005-00828-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
| Midwestern Gas Transmission Company v. Ruth W. Briley
M2005-00792-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
| Midwestern Gas Transmission Company v. Fred P. Walter et al.
M2005-00822-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
| Midwestern Gas Transmission Company v. Denver L. Pryor
M2005-00803-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
| Midwestern Gas Transmission Company v. James Lassiter, et al.
M2005-00829-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
| Midwestern Gas Transmission Company v. Martha Jo Law Fenimore
M2005-00793-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
| Midwestern Gas Transmission Company v. Fred Thomas McKee et al.
M2005-00823-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
| Shields Mountain Property Owners Assocation, Inc., et al. v. Marion A. Teffeteller, et al.
E2005-00871-COA-R3-CV
Shields Mountain Property Owners Association, Inc., James R. Hall, and Terri L. Hall ("Plaintiffs") sued Marion A. Teffeteller and Charlene A. Teffeteller ("Defendants") seeking, among other things, to enforce restrictive covenants and enjoin Defendants from renting their property in Shields Mountain Estates for overnight vacation purposes. The Trial Court found and held, inter alia, that the covenants and restrictions at issue are applicable to the lots within Shields Mountain Estates including Defendants' lots; that Defendants' use of their lots for vacation rentals is a violation of the covenants and restrictions; and that Defendants are permanently enjoined from using property they own in Shields Mountain Estates for vacation rentals. Defendants appeal to this Court. We affirm.
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Chancellor Telford E. Forgerty, Jr. |
Sevier County | Court of Appeals | 02/22/06 | |
| Robin Kuykendall v. Margaret Harper
E2005-01756-COA-R3-CV
Plaintiff sued for attorney's fees under contract of employment with defendant. The Trial Court awarded Judgment for fees. Both parties appealed. We affirm.
Authoring Judge: Presiding Judge Herschel Pickens Franks
Originating Judge:Judge Dale C. Workman |
Knox County | Court of Appeals | 02/22/06 | |
| Larry Grigsby v. University of Tennessee Medical Center, et al.
E2005-01099-COA-R3-CV
In this pro se medical malpractice case, the issues on appeal are whether the Appellant, Larry Grigsby, timely filed a notice of appeal as regards Defendants Dr. Paul A. Hatcher and Dr. E. Jay Mounger, and whether the trial court correctly granted summary judgment to the University of Tennessee Medical Center ("UTMC"). We dismiss the appeal as to the Defendant doctors because we find that Mr. Grigsby did not comply with the jurisdictional requirement of Tenn. R. App. P. 4(a), mandating the timely filing of a notice of appeal. We affirm summary judgment in UTMC's favor because Mr. Grigsby proceeded solely on the vicarious liability theory of respondeat superior, pursuant to his allegations that Drs. Hatcher and Mounger were agents and/or employees of UTMC. Because the alleged agents have been exonerated by an adjudication of non-liability, and therefore the alleged principal, UTMC, may not be held vicariously liable, we affirm summary judgment in favor of UTMC.
Authoring Judge: Judge Sharon G. Lee
Originating Judge:Judge Dale C. Workman |
Knox County | Court of Appeals | 02/22/06 | |
| Donald Jamison v. Harrell Ulrich, et al.
E2005-01153-COA-R3-CV
The issue presented in this case is whether the policemen and firemen's rule applies to an animal control officer who was bitten by a Doberman pinscher while performing the duties of his employment. The plaintiff, an animal control officer for the Chattanooga Police Department, was bitten when, in the course and scope of his employment, he attempted to take possession of the defendants' dog at their home. The plaintiff sued the defendants for compensatory damages, claiming that they were negligent in failing to warn him about the dangerous nature of the dog. The trial court granted the defendants' motion for summary judgment upon its determination that the dog's owners owed no duty to the plaintiff under the circumstances pursuant to the policemen and firemen's rule which precludes police officers and firefighters from recovering for injuries arising out of risks peculiar to their employment. Upon review, we find that the dog's owners owed no duty of ordinary care to the animal control officer and therefore, we affirm the judgment of the trial court.
Authoring Judge: Judge Sharon G. Lee
Originating Judge:Judge W. Neil Thomas, III |
Hamilton County | Court of Appeals | 02/22/06 | |
| Progressive Funding, Inc., a Tennessee Corporation, v. Henry Hoover, a/k/a Henry N. Hoover, Jr., a/k/a H.N. Hoover, Jr.
M2005-00296-COA-R3-CV
In an action to quiet title, the Trial Court granted plaintiff summary judgment and defendant appealed. We affirm the Trial Court.
Authoring Judge: Presiding Judge Herschel Pickens Franks
Originating Judge:Chancellor Billy Joe White |
Fentress County | Court of Appeals | 02/21/06 | |
| Mary Lee Dotson v. William Ennis Dotson
M2004-01141-COA-R3-CV
The husband appeals from a final decree of divorce challenging the award of divorce to the wife, the distribution of property, and the award of some property as alimony in solido to the wife. Because the husband raises factual issues and there is no transcript or statement of the evidence in the record, we must presume the record would have supported the factual findings of the trial court and accordingly affirm.
Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Judge Jim T. Hamilton |
Maury County | Court of Appeals | 02/21/06 | |
| Sherman Alexander Henderson v. Ross Bates, et al.
W2005-01506-COA-R3-CV
Appellant is an inmate in the custody of the Tennessee Department of Correction. Appellant filed a Title 42 U.S.C. §1983 claim against the Appellee/Associate Warden and Appellee/Pre-Release Coordinator alleging a violation of the inmate’s civil rights arising from a change in inmate’s custody status. The trial court granted the Appellees’ Tenn. R. App. P. 12.02 Motion to Dismiss. Inmate appeals. We affirm.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Joseph H. Walker, III |
Lauderdale County | Court of Appeals | 02/17/06 | |
| UT Medical Group, Inc. v. Val Y. Vogt, M.D.
W2005-00256-COA-R3-CV
This appeal stems from a contract dispute between an employee doctor and her employer where the employer alleged that the doctor anticipatorily breached a covenant not to compete provision in the employment agreement between the parties. In this appeal, we are asked to determine whether (1) the trial court’s grant of summary judgment to the doctor was proper; (2) the trial court’s denial of summary judgment to the employer was proper; (3) the trial court’s grant of the doctor’s motion to stay discovery was proper; (4) the doctor’s voluntary nonsuit of her counter claims while the employer’s motion for summary judgment was still pending was proper; (5) the chancery court erred when it returned interpled funds back to the doctor; and (6) the chancery court abused its discretion when it denied the employer’s motion to amend its complaint. We affirm in part, reverse in part, and remand for further proceedings.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor Arnold B. Goldin |
Shelby County | Court of Appeals | 02/15/06 | |
| Billy Suddarth, Jr., et al. v. Household Commercial Financial Services, Inc., et al.
M2004-01664-COA-R3-CV
Billy Suddarth, Jr. and Angela Suddarth appeal the summary dismissal of their action, which was dismissed on the grounds of res judicata, collateral estoppel, the Full Faith and Credit Clause, and the compulsory counterclaim rule of the Federal Rules of Civil Procedure. In the former action in the United States District Court for the Northern District of Illinois wherein the Suddarths were defendants, Household Commercial Financial Services, Inc. alleged the Suddarths breached a guaranty agreement by failing to pay a deficiency owing on the underlying credit agreement they had guaranteed. Household prevailed on the merits in the former action against the Suddarths. In the present action in the Circuit Court of Davidson County the Suddarths allege fraud, fraudulent inducement and civil conspiracy against Household and two other defendants concerning the guaranty agreement that was the subject of the former action in the United State District Court. The present claims by the Suddarths arose out of the same transaction or occurrence that was the subject of Household's action in the United State District Court; therefore, it was compulsory that the Suddarths' claims be presented in the former action. The Suddarths failed to do so. Therefore, we affirm the dismissal of this action.
Authoring Judge: Judge Frank G. Clement, Jr.
Originating Judge:Judge Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 02/13/06 |