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| W2003-00334-COA-R3-CV
W2003-00334-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 10/14/03 | |
| Pache Industries vs. Wallace Hardware
E2003-01483-COA-R3-CV
Pache Industries, LLC ("Plaintiff") sued Wallace Hardware Co., Inc. ("Defendant") for unpaid invoices. Defendant was served with the summons and complaint, but did not answer within thirty days. Plaintiff filed a motion for default judgment. After being served with the motion for default judgment, Defendant hired an attorney, filed an answer to the complaint, and filed responses to discovery requests. The Trial Court granted Plaintiff a default judgment. Defendant filed a motion to set aside the default judgment. The Trial Court denied the motion. Defendant appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Kindall T. Lawson |
Hamblen County | Court of Appeals | 10/14/03 | |
| W2003-00001-COA-R3-CV
W2003-00001-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Daniel L. Smith |
Hardin County | Court of Appeals | 10/14/03 | |
| Nancy Gail (Paulk) Doran v. Oather Paul Doran
W2003-00170-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Steve Beal |
Hardin County | Court of Appeals | 10/14/03 | |
| Brian & Candy Chadwick v. Chad Spence
W2003-00931-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 10/14/03 | |
| W2003-00640-COA-R3-CV
W2003-00640-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Dewey C. Whitenton |
McNairy County | Court of Appeals | 10/10/03 | |
| The Estate of Alonzo Donald Tucker, Deceased v. Lee M.
W2003-00912-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Lee Moore |
Dyer County | Court of Appeals | 10/10/03 | |
| W2003-01783-COA-R3-CV
W2003-01783-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Clayburn L. Peeples |
Haywood County | Court of Appeals | 10/10/03 | |
| Dale Supply Company, v. York International Corp, et al.
M2002-01408-COA-R3-CV
The sole determinative issue on appeal is whether an agreement which mandates arbitration in the event of claims or disputes "arising out of or relating in any way to the relationship of the parties or this Agreement, or the breach thereof," requires arbitration of tort claims including acts arising after the parties' contractual relationship ended. We hold that arbitration of claims of tortious interference with contracts or business relations is required under the terms of the parties' agreement and reverse the judgment of the trial court.
Authoring Judge: Judge Russ Heldman
Originating Judge:Judge Carol L. Soloman |
Davidson County | Court of Appeals | 10/09/03 | |
| Ambrose Associates, v. W. Austin Musselman, Jr.
M2002-02780-COA-R3-CV
Action to collect rent owed by surety was dismissed by the Trial Court. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Chancellor Carol L. McCoy |
Davidson County | Court of Appeals | 10/02/03 | |
| William Jeffrey Tarkington v. Rebecca Juanita Tarkington
M2002-01914-COA-R3-CV
This appeal arises from the Father's post-divorce petition to set child support and to terminate previously ordered alimony in futuro. From an adverse decision of the trial court denying child support and termination of the alimony obligation, Father appeals. We affirm the portions of the trial court's ruling regarding alimony and reverse the award of attorney's fees and denial of support.
Authoring Judge: Judge William B. Cain
Originating Judge:Judge Muriel Robinson |
Davidson County | Court of Appeals | 10/02/03 | |
| Beverly Wilson v. Thomas Wilson
M2002-02286-COA-R3-CV
This appeal arises from an order of the trial court distributing 25% of the increase in value of the husband's business to the wife as marital property. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Steven A. Cassety |
Jackson County | Court of Appeals | 09/30/03 | |
| Jodell Dunkin v. David Dunkin
M2002-01899-COA-R3-CV
This is a post-divorce dispute concerning the custody of Kaylea Jodell Dunkin ("the child") (DOB: July 1, 1994), the child of these litigants. The non-custodial parent, David H. Dunkin ("Father"), filed a petition seeking to enjoin the child's mother, Jodell L. Dunkin ("Mother"), from relocating with the child to Montana. Following a hearing, the trial court found that there was no reasonable purpose for the proposed move and that the relocation would not be in the best interest of the child. The trial court then denied Mother's request to relocate. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 09/30/03 | |
| In Re: Martha Blanks Maxwell
M2002-01654-COA-R3-CV
The niece of an elderly woman who suffered a stroke, followed by memory loss and confusion, petitioned the court to be appointed as her aunt's conservator. The trial court granted the petition as well as the conservator's plan to have her aunt moved to an assisted living environment. There, the woman's condition improved, and the guardian ad litem moved the court to consider whether it was advisable to revoke the conservatorship and allow her to return to her own home. After a hearing, the court terminated the conservatorship. The former conservator appeals, and we affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Appeals | 09/25/03 | |
| Denicia Wills v. Russell Wills
M2002-02167-COA-R3-CV
This case involves an appeal from an order of the trial court modifying the father's child support obligation and denying the father's request for change of custody. We affirm in part, reverse in part, and remand.
Authoring Judge: Judge David R. Farmer
Originating Judge:C. L. Rogers |
Sumner County | Court of Appeals | 09/25/03 | |
| Armand Salvatore vs. Baron Corp.
E2002-01978-COA-R3-CV
Following the termination of his employment, Armand M. Salvatore sued two corporations and six limited partnerships, as well as Miles E. Cullom, Jr., who was a stockholder, director, and president of the corporations, and who was also a limited partner in each of the limited partnerships, for salary, fees, and commissions allegedly due him under the terms of a written employment agreement. He also sued the defendant Cullom for statutory treble damages in tort for interference with his employment contract. Following a bench trial, the court below held that Salvatore, at the time of his termination, was employed under a renewed one-year employment contract. Pursuant to this holding, the trial court awarded him the remainder of his base salary for the second year of his employment. Salvatore appeals, contending that the trial court erred when it failed to award him salary for two additional years, fees, commissions, and treble damages. The defendants, on the other hand, claim that Salvatore is not entitled to the salary awarded to him by the trial court. We modify the trial court's judgment to increase Salvatore's award by $20,500. As modified, the judgment is affirmed.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 09/23/03 | |
| Betty Bryant vs. Roy Bryant
E2002-02201-COA-R3-CV
In this divorce case, the trial court dissolved a marriage of over 36 years; divided the parties' marital property; and denied the request of Betty J. Bryant ("Wife") for attorney's fees. Wife appeals, arguing that the division of marital property is not equitable. Her argument is predicated primarily upon the assertion that her spouse, Roy C. Bryant ("Husband"), dissipated the marital assets as a result of his gambling activities. In addition, Wife contends that the trial court erred in refusing to award her attorney's fees. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John D. Mcafee |
Claiborne County | Court of Appeals | 09/23/03 | |
| Lori Bates v. Joseph Bates
M2002-02037-COA-R3-CV
This is an appeal from a final decree of divorce, involving issues of appreciation involving Husband's property, award of attorney fees, and division of marital property and debt. Husband appeals. We affirm as modified herein and remand for such further proceedings as may be necessary.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Carol A. Catalano |
Robertson County | Court of Appeals | 09/22/03 | |
| John Doe 1 v. Roman Catholic Diocese of Nashville
M2001-01780-COA-R3-CV
This appeal involves claims of intentional infliction of emotional distress through outrageous conduct. John Doe 1, his mother, and John Doe 2 seek to hold the Roman Catholic Diocese of Nashville liable for injuries caused by the alleged outrageous conduct of the Diocese in its dealings with Edward McKeown, a former priest, who sexually molested John Doe 1 and John Doe 2 a number of years after his affiliation with the Diocese ended. The trial court granted the Diocese's summary judgment motion, finding the Does had failed as a matter of law to satisfy the threshold requirements for stating a claim for the tort of outrageous conduct. The plaintiffs appeal that decision. Because we find the summary judgment motion was properly granted, we affirm the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 09/22/03 | |
| Trinity Industries v. McKinnon Bridge
M2002-02713-COA-R3-CV
In this case, appellant-contractor for construction of a bridge entered into a contract with appellee-subcontractor for the fabrication and delivery of structural steel. By virtue of an indemnity clause in the contract, the trial court held the contractor liable to the subcontractor for the amounts expended by the subcontractor in settlement of a lawsuit filed against it and for the expenses incurred in the defense of the lawsuit. Contractor appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 09/22/03 | |
| W2003-01180-COA-R3-CV
W2003-01180-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Rita L. Stotts |
Shelby County | Court of Appeals | 09/19/03 | |
| Larry Joe Manus v. County of Obion Facility
W2003-00447-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:William B. Acree |
Obion County | Court of Appeals | 09/19/03 | |
| W2003-00911-COA-R3-PT
W2003-00911-COA-R3-PT
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Robert W. Newell |
Gibson County | Court of Appeals | 09/19/03 | |
| Bobby R. Essary v. John R. Essary
W2003-00299-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 09/19/03 | |
| Steve Rogers v. State
M2003-00215-COA-R3-CV
Plaintiff appeals dismissal by the Tennessee Claims Commission of his claim against the State of Tennessee resulting from an alleged assault and battery by a Tennessee State Trooper in the State Capital Building. The Claims Commission dismissed the claim for lack of subject matter jurisdiction, and we affirm the action of the Claims Commission.
Authoring Judge: Judge William B. Cain
|
Court of Appeals | 09/18/03 |