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| 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 | |
| W2002-02166-COA-R3-CV
W2002-02166-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Donn Southern |
Shelby County | Court of Appeals | 10/15/03 | |
| Frankie Maples vs. Frank Maples
E2003-00722-COA-R3-CV
Husband, for the second time, seeks a reduction in his alimony obligation, claiming that his bona fide retirement coincided with a substantial decrease in income. The trial court modified the obligation by reducing it to $919.50 monthly. Wife receives $752.00 from social security. Her reasonable expenses were found to be $2176.00. Husband appeals, insisting that the reduction is insufficient. Wife presents for review the issue of whether any reduction was justified. We reinstate the initial award, finding that Husband, as in the prior appeal, continued his pattern of conduct in restructuring his assets to award his obligation.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Bill Swann |
Knox County | Court of Appeals | 10/15/03 | |
| Sun Splash Painting v. Homestead Village
M2002-00853-COA-R3-CV
This appeal involves a challenge to the trial court's refusal to award attorney's fees pursuant to the Prompt Pay Act, and to the court's denial of prejudgment interest. We affirm the trial court in all respects.
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 10/15/03 | |
| Combustion Federal Credit Union vs. John Farmer
E2003-00107-COA-R3-CV
A judgment was rendered against Mr. Farmer in 1992. It remained unpaid, and the judgment creditor's petition for revival was granted. Mr. Farmer appeals, claiming that he never signed the note which formed the basis of the 1992 action. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:W. Neil Thomas, III |
Hamilton 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 | |
| Ronnie Johnson vs. Mark R. White
E2002-02815-COA-R3-CV
These three cases were consolidated for trial. Each Respondent agreed to an Order of Protection sought by their kinsman, who was married to the daughter of Mark V. White, the sister of Mark R. White and niece of Michael Scott Webb. The throes of the divorce action between the Petitioner and his wife, Jennifer White Johnson, precipitated a purported assault on the Petitioner by the Respondents which resulted in criminal charges in addition to an order of protection. Thereafter, the Petitioner and his wife attended the Fourth Circuit Court for a hearing, and the Respondents upon instructions of their attorney in the criminal case also attended, and followed the Petitioner "about the courthouse" placing him in fear. They were cited for criminal contempt, found guilty, and sentenced to ten days confinement, with five days suspended. Each appeals, complaining that the evidence of criminal contempt is insufficient. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Bill Swann |
Knox County | Court of Appeals | 10/15/03 | |
| Russell A. Siegfried v. The Grand Krewe of Sphinx,
CH-00-0307-3
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/14/03 | |
| Eddie Belcher vs. State
E2003-00642-COA-R3-CV
This claim against the State of Tennessee arises out of a two-vehicle accident. Eddie W. Belcher was driving to church with his wife, Sara O. Belcher, when their vehicle struck the rear of a vehicle driven by Eric Wilson . The Belchers, who sustained severe injuries as a result of this accident, filed a claim against the State, alleging that a dangerous condition existed on the portion of the interstate where the accident occurred and that the section of the interstate was negligently designed and maintained. The Claims Commission determined that the State was negligent in its design of that stretch of interstate, but held that its negligence was not the proximate cause of the Belchers' injuries. The Belchers appeal, arguing that the Claims Commission erred in the second of these two determinations. By way of a separate issue, the State contends that the Belchers' claim is barred by the four-year statute of repose. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Robert A. Fellman |
Court of Appeals | 10/14/03 | ||
| Rena Thompson vs. Charles Hensley
E2003-00456-COA-R3-CV
Rena Thompson ("Plaintiff") filed this lawsuit claiming her grandson, Charles Hensley, and his wife, Karen Hensley (collectively "Defendants"), breached an oral contract. Specifically, Plaintiff claims she conveyed her house and real property to Defendants in exchange for their oral promise to take care of her and allow her to remain living in the house with them. Plaintiff suffered a stroke and went to live with her son, Perrian Hensley ("Plaintiff's son" or "her son"). After living with her son for approximately one year, Plaintiff wanted to return to her house. When she was not allowed to return to her house, Plaintiff sued Defendants for specific performance. The Trial Court found there was no contract. Plaintiff appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Jerri S. Bryant |
Monroe County | Court of Appeals | 10/14/03 |