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| Department of Children's services vs. R.A.W.
E2003-00847-COA-R3-PT
R.A.W. ("Father") challenges the termination of his parental rights, claiming there was insufficient proof to establish grounds for termination or that it was in the best interest of the child to terminate the parent-child relationship. Father also claims the Juvenile Court erred when it refused to grant him visitation after the petition to terminate his parental rights had been filed. We affirm the decision of the Juvenile Court.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Thomas J. Wright |
Greene County | Court of Appeals | 10/20/03 | |
| Louis Ernest Cunningham v. Cheryl Lynne Cheatham
W2002-02296-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 10/17/03 | |
| W2003-00983-COA-R3-CV
W2003-00983-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Lee Moore |
Dyer County | Court of Appeals | 10/17/03 | |
| E2003-00501-COA-R3-JV
E2003-00501-COA-R3-JV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Suzanne Bailey |
Hamilton County | Court of Appeals | 10/17/03 | |
| Hitchock Metal Sources vs. John D. Mulford
E2003-00738-COA-R3-CV
Diane Hitchcock ("Mrs. Hitchcock") and Hitchcock Metal Sources, Inc. ("HMS") sued John D. Mulford, Jr. ("Mulford") and Mulford Enterprises, Inc. ("the defendant corporation") for breach of an oral contract between Mulford and Mrs. Hitchcock's deceased husband, James H. Hitchcock ("Mr. Hitchcock"). Mulford and the defendant corporation responded by filing a counterclaim against Mrs. Hitchcock and HMS, asserting, inter alia, breach of contract. At the conclusion of a bench trial, the court found in favor of Mrs. Hitchcock, awarding her damages of $87,896.74 jointly and severally against Mulford and the defendant corporation, and an additional amount of $8,855.93 against the defendant corporation. The trial court dismissed the counterclaim of Mulford and the defendant corporation, as well as the original claim of HMS. Mulford and the defendant corporation appeal the trial court's dual determinations that the parties' oral agreement did not prohibit either party from pursuing other business opportunities and that the defendant corporation converted Mrs. Hitchcock's steel by selling it without her knowledge or consent. In addition, the defendants contend that the trial court erred in failing to reform the parties' contract and in its calculation of damages. By way of a separate issue, Mrs. Hitchcock asserts that the trial court abused its discretion in failing to award her prejudgment interest. We affirm the trial court's judgment in toto.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 10/17/03 | |
| W2002-02529-COA-R3-CV
W2002-02529-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 10/17/03 | |
| Shayle Israel Hirschman v. Suanne Goldstein Hirschman
W2003-00008-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 10/17/03 | |
| 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 | |
| Mary Ann Gurganus Eure v. Barry Lynn Eure
E2003-00745-COA-R3-CV
This is a post-divorce modification case involving the custody of, and support for, the parties' minor child, Matthew Chandler Eure (DOB: July 22, 1996) ("the child"). Mary Ann Gurganus Eure ("Mother") filed a complaint seeking custody of the child. Barry Lynn Eure ("Father"), the child's custodian, answered and filed a counterclaim seeking an increase in Mother's weekly child support obligation. Following a hearing, the trial court denied Mother's complaint. The court subsequently increased Mother's support obligation to $113 per week. Mother appeals, arguing, in so many words, that the evidence preponderates against both of the trial court's rulings. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Lawrence H. Puckett |
Bradley County | Court of Appeals | 10/17/03 | |
| Arthur Creech vs. Robert R. Addington
E2003-00842-COA-R3-CV
The plaintiffs leased land in Mississippi from D.C. Parker and Richard B. Flowers ("Defendants") for the purpose of building motels on the land. Plaintiffs claim they were told by Defendants' agent that financing was in place to build immediately and that this representation induced them to enter into the leases. Financing never materialized and the motels never were built. Plaintiffs sued Defendants, the parties expected to provide financing, and others. Defendants filed a motion for summary judgment, which the Trial Court granted. Plaintiffs appeal. We vacate and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Richard R. Vance |
Sevier County | Court of Appeals | 10/17/03 | |
| Monte Bounds vs. Zella Cupp
E2003-00692-COA-R3-CV
The appellees filed suit against the appellant, alleging that the appellees, Lawrence R. Bozeman and wife, Imogene Bozeman ("the appellees Bozeman"), owned a 12-foot wide easement accross the property of the appellant. The appellant filed an answer, relying upon "the affirmative defense of abandonment plus adverse possession by the [appellant]." Following a plenary trial, the court below found that the appellees Bozeman had an express easement across the property of the appellant and that they "ha[d] not taken action of clear and unmistakable character indicating an abandonment of the easement." The appellant contends on this appeal that the trial court erred in failing to find abandonment of the easement. Since there is no transcript or statement of the evidence in the record before us, we affirm the judgment of the trial court.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 10/17/03 | |
| Ronald Loines vs. Kimberly Loines
E2003-00526-COA-R3-CV
In this divorce case, the trial court awarded Ronald Keith Loines, Jr. ("Husband") a divorce from Kimberly Loines ("Wife") by judgment entered January 14, 2003. Wife filed her notice of appeal on February 25, 2003. Because the notice of appeal was not filed within 30 days of the entry of the judgment of divorce, we are without jurisdiction to consider the issues raised by Wife. Accordingly, Wife's appeal is dismissed.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 10/17/03 | |
| Myra Pate vs. State
E2003-00297-COA-R3-CV
Myra Pate ("Plaintiff") filed a claim with the Tennessee Division of Claims Administration after she slipped and fell on her way to class at Pellissippi State Technical Community College ("PSTCC"). When her claim was denied, Plaintiff filed a complaint in the Tennessee Claims Commission ("Commission") against the State of Tennessee ("the State"). The State filed a motion for summary judgment claiming Plaintiff had filed for Chapter 13 bankruptcy and failed to disclose the existence of her claim against the State. The State argued Plaintiff was judicially estopped from pursuing this lawsuit and also that she lacked standing. When Plaintiff failed to file a timely response to the motion for summary judgment, the Commission granted the motion solely because no response had been filed. Plaintiff appeals. We vacate the grant of summary judgment and remand for further proceedings.
Authoring Judge: Judge David Michael Swiney
|
Court of Appeals | 10/17/03 | ||
| In Re: Estate of Gloria Eleanor Franklin vs. W. Jess Waltman
E2003-00926-COA-R3-CV
The Trial Court following an evidentiary hearing, held decedent's holographic will to be conditional and inoperative. On appeal, we reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Telford E. Forgerty, Jr. |
Cocke County | Court of Appeals | 10/17/03 | |
| Louis Laurent vs. Suntrust Bank
E2003-01408-COA-R3-CV
Louis A. Laurent and Barbara Laurent ("Plaintiffs") sued SunTrust Bank ("Defendant") for alleged defamatory statements made by Defendant's attorney in a separate lawsuit. Defendant filed a motion to dismiss for failure to state a claim upon which relief can be granted. The Trial Court granted the motion to dismiss. Plaintiffs appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 10/17/03 | |
| Page J. Farnsworth v. Sidney W. Farnsworth, Iii
W2002-01536-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/17/03 | |
| In Re: Estate of Carl Myers & Commercial Bank
E2002-01154-COA-R3-CV
The Trial Court voided agreements with Bank by Decedent creating survivorship accounts with his daughter on grounds of incompetency. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Billy Joe White |
Union County | Court of Appeals | 10/17/03 | |
| 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 |