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| Children's Services, vs. SJMW, In The Matter of: DJL
E2003-00519-COA-R3-PT
The mother's parental rights were terminated by the Trial Judge. Mother has appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Suzanne Bailey |
Hamilton County | Court of Appeals | 10/17/03 | |
| W2002-02534-COA-R3-CV
W2002-02534-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/16/03 | |
| Jackie Cline vs. Emily Plemmons
E2002-02584-COA-R3-CV
This is a dispute between brother and sister over the handling of the affairs as conservators of their mother. The brother appeals from the Trial Court's rulings as to compensation, attorney's fees and conservatorship. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jerri S. Bryant |
McMinn County | Court of Appeals | 10/16/03 | |
| Robert Carrier vs. Speedway Motorsports
E2002-02724-COA-R3-CV
This case involves a dispute as to exactly what property was leased to the plaintiff, Robert L. "Larry" Carrier. In January, 1996, the plaintiff and his family sold their 100% stock ownership interest in National Raceways, Inc., to the defendant, Speedway Motorsports, Inc. ("SMI"). National Raceways, Inc., operated the well-known Bristol Motor Speedway ("the Speedway"). In conjunction with the sale, the parties executed a lease agreement, wherein SMI leased back a portion of the Speedway's property to the plaintiff. The plaintiff filed suit against SMI and Bristol Motor Speedway, Inc., the new corporate name of National Raceways, Inc., claiming that the defendants had breached the lease by interfering with the plaintiff's leasehold interest. Specifically, the plaintiff claims that the lease covers a 15.54 acre parcel of land lying adjacent to the grandstand at the racetrack. The defendants answered, denying that they had breached the lease and asserting that the subject matter of the lease is limited to three buildings on the 15.54 acre tract rather than to the entire tract. The defendants also filed a counterclaim for an unpaid debt. Following a bench trial, the court found in favor of the plaintiff, concluding that the lease involves the entire parcel of land rather than just the three buildings. It ultimately awarded the plaintiff damages of $2,401,728. The trial court dismissed the defendants' counterclaim. From this judgment, both sides appeal. We affirm the dismissal of the counterclaim, but reverse the trial court's judgment in favor of the plaintiff on the original complaint. That complaint is dismissed at the plaintiff's costs.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas R. Frierson, II |
Sullivan County | Court of Appeals | 10/16/03 | |
| Carl A. Lindblad v. Parkridge Health System
E2003-00221-COA-R3-CV
The plaintiff resigned his position as Director of the hospital's emergency services. Parkridge Health System, Inc. d/b/a East Ridge Hospital, [hereafter "the hospital" or "Defendant"] accepted his resignation and terminated his staff privileges in accordance with an employment Agreement. The hospital's bylaws required notice and hearing, which were not followed. The plaintiff filed this action asserting that in failing to observe its bylaws the hospital breached its contract with him since the bylaws were an integral part of the contract. The Chancellor granted the hospital's motion for summary judgment, holding that the Agreement, which provided for termination of staff privileges controlled the issue. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 10/16/03 | |
| Juanita W. Keylon vs. Robert A. Hill
E2003-01054-COA-R3-CV
The plaintiff's motion for partial summary judgment, based upon the asserted failure of the defendant to countervail the motion, was denied by the trial judge. The plaintiff argues that the established rule that the denial of a motion for summary judgment, followed by a jury trial and verdict, is not reviewable, has no application in this case because there was no verdict. The rule is that the denial of a motion for summary judgment is not reviewable when the case proceeds to judgment, as distinguished from verdict. The motion of the defendant in this medical malpractice case for a directed verdict made at the close of all the evidence was granted upon a determination that all of the expert testimony established that the three-hour window to administer a blood clot dissolver had expired before the defendant treated the plaintiff. Whether the particular anticoagulant should have been administered in a timely manner was at the core of the claimed negligence. We find the question of negligence to be within the peculiar province of the jury, and remand the case for a new trial.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Russell E. Simmons, Jr. |
Roane County | Court of Appeals | 10/16/03 | |
| Antoine Lamarr v. City of Memphis,
CH-01-1967-2
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 10/16/03 | |
| Dept. of Children's Services vs MW
E2003-00325-COA-R3-CV
The Trial Judge held the minor child was dependent and neglected and that the mother had committed severe child abuse against her child. Custody was awarded to DCS who was relieved of making reasonable efforts to reunify the mother and child. The mother appealed, insisting there is no evidence to support the Trial Court's findings. We affirm the Trial Court.
Originating Judge:Kindall T. Lawson |
Hamblen County | Court of Appeals | 10/16/03 | |
| Forrest L. Whaley &Amp; Margaret Ann Whaley v. First
W2002-01940-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Rita L. Stotts |
Shelby County | Court of Appeals | 10/16/03 | |
| Edward Hochhauser, Iii v. Annelle G. Hochhauser
W2003-00119-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 10/16/03 | |
| Kathy Gardenhire vs. Real Estate Inspection Service
E2002-02214-COA-R3-CV
Todd Gardenhire and his wife, Kathy Gardenhire ("the plaintiffs"), own a residence and lot on Signal Mountain. In 1995, they contracted with Real Estate Inspection Service, Inc. and Stephen Eady, doing business as Stephen Eady Company (collectively "the defendants"), for the construction of a sunroom addition, a swimming pool, and other work at their residence. Later that same year, the plaintiffs sued the defendants alleging that the defendants had failed to complete the work and that "much of the work" was not accomplished according to the parties' agreement. The defendants answered and filed a counterclaim seeking money allegedly due them for work performed in connection with the contract. Following a bench trial, the court awarded the plaintiffs $35,000 and dismissed the defendants' counterclaim. The defendants appeal. We affirm the judgment in part and reverse in part and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Frank V. Williams, III |
Hamilton County | Court of Appeals | 10/16/03 | |
| Kenneth Emert vs. City of Knoxville
E2003-01081-COA-R3-CV
The original plaintiff, since deceased, tripped on an uneven brick sidewalk and injured his right knee. He was blind, or nearly so, and used a walking aid. The defendant's negligence is not an issue on appeal. The issue is one of causation in light of the medical proof that the plaintiff suffered knee problems before the accident. The trial judge found that the accident aggravated the plaintiff's pre-existing condition and awarded damages of $100,000.00 with fault apportioned 80 percent to the defendant. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 10/16/03 | |
| Antoine Lamarr v. City of Memphis,
CH-01-1967-2
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 10/16/03 | |
| Shawn Vineyard vs. Bill Varner D/B/A Fountain City Auto
E2003-00436-COA-R3-CV
Shawn T. Vineyard ("the plaintiff") purchased a 1991 Nissan automobile from Bill Varner, doing business as Fountain City Auto Sales ("the defendant"). Later, the plaintiff sued the defendant alleging a fraudulent misrepresentation and a violation of the Tennessee Consumer Protection Act ("the TCPA") in connection with the sale. In addition to other relief, the plaintiff sought compensatory damages; in the alternative, he asked for rescission of the sale agreement. After the trial court denied the defendant's motion for summary judgment, this matter proceeded to trial before a jury. The jury, in response to interrogatories, found the defendant guilty of violating the TCPA, but found no damages. The jury also found that the defendant had committed a fraudulent misrepresentation in connection with the sale of the automobile and assessed the plaintiff's damages at $2,100. In response to post-trial motions, the trial court decreed rescission and awarded the plaintiff the purchase price of $2,100. Defendant appeals, arguing that the trial court erred (1) in denying his motion for summary judgment; (2) in decreeing rescission and otherwise modifying the jury's verdict; and (3) in awarding attorney's fees of $12,000 to the plaintiff. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 10/16/03 | |
| W2002-01540-COA-R3-CV
W2002-01540-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 10/16/03 | |
| Dayne O 'Bannon vs. Stephanie O'Bannon
E2002-02553-COA-R3-CV
This appeal from the Bradley County Circuit Court questions whether the Trial Court erred in denying the Wife's proposed relocation to South Dakota and in changing custody of the parties' children from Wife to Husband. We affirm the judgment of the Trial Court.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:John B. Hagler, Jr. |
Bradley County | Court of Appeals | 10/16/03 | |
| Polk Couty Bd of Education vs. Polk County Education Assoc.
E2003-01110-COA-R3-CV
The Trial Court ruled the School Board did not have to negotiate with the Teachers Association regarding a dress code policy adopted by the Board. On appeal, we reverse and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jerri S. Bryant |
Polk County | Court of Appeals | 10/16/03 | |
| James Jackson vs. Jackson, Johnson & Murphey
E2002-02476-COA-R3-CV
This litigation is between a former shareholder of the defendant accounting corporation. These parties entered into an employment contract together with a deferred compensation agreement. After two years, each party claimed the other was in material breach: the Plaintiff asserted a breach because, inter alia, the Defendant refused to treat him as an employee, while the Defendant asserted a breach because the Plaintiff prepared a number of tax returns [66], inter alia, for clients of the firm without recourse to the firm. The trial court found that no mutual material breaches had occurred, and that the Plaintiff was entitled to recover the balance of his deferred compensation which had been terminated by the Defendant owing to the Plaintiff's alleged breaches. The judgment is modified.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 10/15/03 | |
| Cordell Taylor vs. Donnie & Vick Williams
E2003-00199-COA-R3-CV
In this dispute over the boundary line between the parties' property, the Trial Court established the line and declared an easement. Defendants have appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Frank V. Williams, III |
Morgan County | Court of Appeals | 10/15/03 | |
| Clemmye Mullenix Berger v. Brenda O'Brien,
W2002-00227-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/15/03 | |
| Rose Marie Harper Britt v. Elmer Lee Britt
W2003-00430-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 10/15/03 | |
| W2002-02353-COA-R3-CV
W2002-02353-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 10/15/03 | |
| Patricia Lyman v. Lawrence James
E2002-02859-COA-R3-CV
After over thirty years of marriage, Patricia A. Lyman ("Wife") left Lawrence A. James ("Husband") and moved to the state of Washington and began living with her new boyfriend. After Husband learned of Wife's affair, the parties agreed to a divorce based on irreconcilable differences and entered into a marital dissolution agreement ("MDA"). Both parties signed the MDA before a Notary Public, but neither party was administered an oath prior to his or her signing. The MDA provided that Husband would receive the entire amount of his pension. Over six months after the parties were granted a divorce, Wife filed a new lawsuit claiming she gave up any claim to Husband's pension because of Husband's fraud and/or misrepresentations. Wife also claimed the court which granted the divorce lacked personal jurisdiction to enter the final divorce decree because neither Husband nor Wife were administered oaths prior to signing the MDA, which Wife claimed resulted in the MDA not being properly notarized. The Trial Court concluded the failure of the Notary Publics to administer oaths did not render the MDA invalid. The Trial Court also concluded Wife failed to meet her burden of proving fraud and/or misrepresentations on the part of Husband. Wife appeals, and we affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 10/15/03 | |
| J.M. Cox, Jr. v. East Tennessee Natural Gas
E2002-02946-COA-R3-CV
In this declaratory judgment action to declare the rights between the dominant and servient estates relating to an easement, the trial court held that the landowner's proposal to add fill dirt over the pipeline easement did not unreasonably interfere with defendant's rights. Defendant has appealed. We reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:G. Richard Johnson |
Washington County | Court of Appeals | 10/15/03 | |
| CH-02-0609-1
CH-02-0609-1
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 10/15/03 |