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| Govindaswamy Nagarajan v. Michael E. Terry
M2001-01480-COA-R3-CV
This appeal involves a dispute between a lawyer and his former client regarding unpaid fees. After the client sued the lawyer for malpractice in the Circuit Court for Davidson County, the lawyer counterclaimed for unpaid fees. The trial court granted the lawyer's summary judgment motion and dismissed the malpractice claims. Thereafter, the trial court conducted a bench trial on the lawyer's counterclaim and awarded the lawyer a $53,884.86 judgment. The former client asserts on this appeal that the trial court erred by denying his request for a continuance, granting a judgment by default on the question of liability, denying his request for a jury trial, and considering expert evidence regarding the reasonableness of the lawyer's fee without affording him the opportunity for cross-examination. We affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 07/23/03 | |
| National Insurance v. Katherine Simpson
M2002-03109-COA-R3-CV
This appeal involves a dispute regarding an exclusion from liability coverage in an automobile insurance policy for family members. Following a collision injuring its insured's half brother, the insurer filed suit in the Chancery Court for Rutherford County seeking a declaratory judgment that the exclusion applied to the half brother's claims against the insured. Following a bench trial, the trial court determined that the exclusion did apply to the half brother's claims. Both the insured and her half brother have appealed. We affirm the trial court's construction of the insurance policy.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 07/23/03 | |
| Mike Hall v. Clifford Houston
M2002-01371-COA-R3-CV
Defendant, Clifford Houston executed a lease and contract to purchase real property with the plaintiffs Connie and Mike Hall. Upon failure to pay the entire amount of the rent and allow an inspection, the plaintiffs filed a detainer warrant, which the general sessions court granted. The case was appealed to the circuit court where the judge affirmed the award of possession to the plaintiffs, and ordered the forfeiture of the initial deposit in the purchase agreement. Defendant, Houston, appealed the trial court's decision.We affirm the possession, the judgment for unpaid rent, reverse the deposit award and remand the case for determination of attorney's fees.
Authoring Judge: Judge Marietta M. Shipley
Originating Judge:Stella L. Hargrove |
Maury County | Court of Appeals | 07/21/03 | |
| Robert Riggs vs. James W. Greenlee
E2003-00071-COA-R3-CV
This is a legal malpractice suit by Robert Riggs against James W. Greenlee, who represented him in a criminal case. Mr. Riggs was convicted of a Class E felony, which carries a sentence range of one to two years. The Trial Court dismissed the case because Mr. Riggs, who it appears is still incarcerated, failed to appear when the case was set. We vacate and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:W. Dale Young |
Sevier County | Court of Appeals | 07/18/03 | |
| Jeanette Brooks v. Charles Brooks
E2002-02458-COA-R3-CV
This is a divorce case. The trial court granted Jeanette Sue Brooks ("Wife") a divorce from Charles Virgil Brooks ("Husband"), divided the parties' marital property and debts, and awarded alimony to Wife in the amount of $150 per month. Husband appeals the award of alimony and the division of the parties' debts. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Ben W. Hooper, II |
Sevier County | Court of Appeals | 07/18/03 | |
| James P. Lea vs. Linda Gayle Lea
E2003-00041-COA-R3-CV
Husband asked Trial Court to terminate alimony obligation, and the amount of alimony was reduced. On appeal, we affirm, as modified.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 07/18/03 | |
| Amy Smith v. Madeleine Fowler
M2002-01575-COA-R3-CV
Appellant, the defendant in fault, challenges the lower court's refusal to set aside default judgment. Appellant failed to file her answer timely in the trial court. Neither in the original Motion for Default nor in the response to the Motion to Set Aside did Plaintiff aver any prejudice to her other than delay. We reverse the default judgment and remand the case to the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:R.E. Lee Davies |
Williamson County | Court of Appeals | 07/14/03 | |
| W2002-02857-COA-R3-CV
W2002-02857-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Joseph H. Walker, III |
Tipton County | Court of Appeals | 07/14/03 | |
| Laney Brentwood Homes, Llc v. Earl Prechtel,
CH-00-1076-1
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 07/14/03 | |
| W2003-01002-COA-R3-PT
W2003-01002-COA-R3-PT
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Bob G. Gray |
McNairy County | Court of Appeals | 07/14/03 | |
| W2003-00302-COA-R3-CV
W2003-00302-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
|
Court of Appeals | 07/14/03 | ||
| Joe Craft v. Forklift Systems
M2002-00040-COA-R3-CV
This is an appeal from a judgment for Plaintiff in a breach of contract action. The trial court awarded judgment on equitable principles, without any findings as to whether or not the contract had been breached by Defendant. The judgment is reversed.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 07/14/03 | |
| Sally Nigro v. Vincent Nigro
M2002-00134-COA-R3-CV
In this divorce case the husband appeals the grant of the divorce to the wife, the division of the marital property, the award of alimony to the wife, the trial court's failure to make the wife pay child support, and its failure to allow the husband to relocate out of the state with the son. For her part, the wife seeks a larger portion of the husband's retirement pay and the proceeds of the marital home. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Donald P. Harris |
Williamson County | Court of Appeals | 07/11/03 | |
| Amprite Electric v. Tennessee Stadium Group
M2002-00892-COA-R3-CV
The electrical subcontractor on the Adelphia Stadium job was required by the contractor, on 212 occasions, to perform extra work. Although the subcontract provided that written change orders must precede and authorize extra work, this requirement was soon mutually abandoned because the contractor, encouraged by the owner, was concerned about a timely completion. The principal issue concerns the dollar amount of compensation for the extra work. Amprite priced its extra work according to manuals used in the construction industry, as contrasted to its actual costs plus 10 percent, as the subcontract provides. Amprite concedes that although its actual costs plus 10 percent were substantially less than the amounts claimed, the contractor was estopped to deny the greater compensation. The trial court held that the contract was abandoned and that, in lieu, a different contract would be implied. Amprite was accordingly awarded compensation for "8686 hours never worked, $90,245.00 for materials never purchased and $6,877.00 for taxes never paid,"for a total recovery of $1,131,311.66. Contractor appeals insisting that the contract was not abandoned and that its provisions control. We hold that the requirement of written change orders was waived by mutual agreement but that the remainder of the contract was enforceable. The judgment is modified to allow a recovery of $170,084.00.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/10/03 | |
| Marc Kayem v. William Stewart
M2002-01515-COA-R3-CV
Plaintiff filed suit to recover sums allegedly due under a contract of employment. The trial court awarded partial summary judgment to defendant, finding plaintiff was not entitled to certain percentages of accounts receivable. The trial court further found plaintiff had breached the contract and a covenant not to compete, and awarded defendant a judgment of $12,500. The trial court also awarded defendant's attorney's fees. We affirm in part, reverse in part, and remand.
Authoring Judge: Judge David R. Farmer
Originating Judge:Jim T. Hamilton |
Maury County | Court of Appeals | 07/10/03 | |
| Crowder Construction v. Dwight Holland
M2002-01840-COA-R3-CV
The trial court determined that a construction contract between the parties had been modified orally and awarded judgment to plaintiff contractor. We affirm in part and remand.
Authoring Judge: Judge David R. Farmer
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/10/03 | |
| John Hasty v. Bobbie Hasty
M2002-01756-COA-R3-CV
The Petitioner seeks a reduction/termination of his alimony obligation based upon asserted material change of circumstances. The divorce was granted in 1994; thereafter the Respondent began receiving her awarded share of the Petitioner's retirement benefits, and Social Security benefits, both of which were within the contemplation of the parties at the time of the divorce, and thus cannot constitute a material change of circumstances.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 07/10/03 | |
| Labor-Kraft v. Donald League
M2002-01573-COA-R3-CV
This dispute arises from a tax sale of real property in Wilson County. The County failed to give notice of the sale to plaintiff, who held a properly recorded deed of trust. The trial court determined the debt secured by the deed of trust had been paid and that the County's failure to give notice accordingly was harmless error. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:C. K. Smith |
Wilson County | Court of Appeals | 07/10/03 | |
| Vanessa Manning, v. City of Lebanon, et al.
M2002-02075-COA-R3-CV
The Chancery Court of Wilson County invalidated the City of Lebanon's ordinance governing the demolition of unsafe structures, reasoning that it was inconsistent with state law and that it denied property owners the right to be heard before a demolition order issues. We hold that the ordinance is not inconsistent with the general law and that the post-order hearing provisions of the ordinance comply with the property owner's rights to due process. Therefore, we reverse and remand the cause for further proceedings.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor C. K. Smith |
Wilson County | Court of Appeals | 07/08/03 | |
| Angela D. Siefker v. Gary C. Siefker
M2002-01081-COA-R3-CV
This case is before the Court for the second time on a post-divorce Petition to reduce alimony. The trial judge denied the Petition, and we affirm the action of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Judge Muriel Robinson |
Davidson County | Court of Appeals | 07/08/03 | |
| Cindy Lourcey, et al., v. In Re Estate of Charles Scarlett
M2002-00995-COA-R3-CV
Charles Scarlett, in the middle of a domestic dispute with his wife, flagged down a postal worker, Cindy Lourcey, and asked for help. Without warning, and in the presence of Mrs. Lourcey, Mr. Scarlett shot his wife in the head and then killed himself. Mrs. Lourcey sued Mr. Scarlett's estate alleging negligent and intentional infliction of emotional distress. Mr. Lourcey also sued for loss of consortium. The estate filed a Motion to Dismiss pursuant to Rule 12.02(6) of the Tennessee Rules of Civil Procedure for failure to state a cause of action. The trial court granted the Motion to Dismiss. We hold that the Lourceys did in fact state a cause of action. Therefore, we reverse the decision of the trial court and remand for further proceedings in accordance with this opinion.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Clara W. Byrd |
Wilson County | Court of Appeals | 07/08/03 | |
| First Presbyterian Church vs. Board of Equalization
E2003-00128-COA-R3-CV
Ms. Madeline D. Apple bequeathed her house to First Presbyterian Church of Chattanooga ("the Church") to be used for the temporary housing and convenience of the Church's missionaries. The Church filed a formal application with the Board of Equalization requesting the house be exempted from property taxation because it was used purely and exclusively for carrying out the Church's missionary work. The request for exemption was denied, a decision later upheld by an Administrative Law Judge and then by the Assessment Appeals Commission. The Church appealed the final decision of the Assessment Appeals Commission to the Hamilton County Chancery Court ("Trial Court"). After a hearing, the Trial Court concluded the house was not used purely and exclusively for religious purposes and denied an exemption. The Church appeals, and we affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Howell N. Peoples |
Hamilton County | Court of Appeals | 06/30/03 | |
| E2002-02474-COA-R3-CV
E2002-02474-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jacqueline E. Schulten |
Hamilton County | Court of Appeals | 06/30/03 | |
| John Hannah vs. Lindsay Russell
E2002-02475-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 06/30/03 | |
| Tom Henderson vs. City of Chattanooga
E2002-02165-COA-R3-CV
Five police officers employed by the Chattanooga Police Department were involved in a physical altercation with Torris Harris ("Harris") which ended with Harris' death. Harris allegedly had ties to the local Crips gang. Pursuant to the Public Records Act, a local news station requested photographs of these five officers as well as a sixth officer who had prepared the official police report. After the request was denied by the City of Chattanooga, the news station filed a petition seeking to compel production of the photographs. After a trial, the Trial Court concluded the photographs were "public records" and the undercover officer exemption found in the Public Records Act did not apply to these officers. The Trial Court also held that disclosing the photographs would not place the officers or their families at substantial risk of harm and, therefore, would not violate the officers' constitutional right to privacy. After ordering production of the photographs, the Trial Court refused to award attorney fees incurred by the successful petitioners. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 06/30/03 |