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| W2003-00361-COA-R3-CV
W2003-00361-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Jon Kerry Blackwood |
Fayette County | Court of Appeals | 05/19/03 | |
| CH-01-1306-3
CH-01-1306-3
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 05/19/03 | |
| CH-01-2271-2
CH-01-2271-2
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 05/19/03 | |
| W2002-03045-COA-R3-JV
W2002-03045-COA-R3-JV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Christy R. Little |
Madison County | Court of Appeals | 05/16/03 | |
| W2002-02767-COA-R3-CV
W2002-02767-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Dewey C. Whitenton |
Hardeman County | Court of Appeals | 05/16/03 | |
| Jerry Ray, Executor of The Estate of James Earl Ray v. State Of
W2002-01611-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 05/16/03 | |
| Neil Friedman vs. Lynn W. Brown
E2002-01615-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
|
Carter County | Court of Appeals | 05/14/03 | |
| City of Knoxville vs. Lumari Harshaw
E2002-02519-COA-R3-CV
While on patrol, Officer Gerald Thomas George ("the Officer") heard a "thumping bass noise" coming from a vehicle "at least 100 yards" away. The Officer stopped the vehicle and issued a citation for violation of section 18-5 of the City of Knoxville noise ordinance ("Ordinance") to the driver, Lumari Harshaw ("Defendant"). The Trial Court found Defendant violated the Ordinance. Defendant appeals claiming the City of Knoxville ("City") failed to prove an element of the charge, specifically that the noise was "audible to a person of normal hearing sensitivity more than fifty (50) feet from [the] vehicle." We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 05/14/03 | |
| Wayne Bailiff v. State
M2001-01936-COA-R3-CV
In these consolidated appeals a wife appeals the order of the Tennessee Claims Commission dismissing her claim for loss of consortium because it was not brought as a part of her husband's claim, and the husband and wife appeal the Davidson County Circuit Court's denial of their motion to amend to add the wife's claim to the husband's action against the State of Tennessee and other defendants. We reverse the action of the Claims Commission and remand the wife's claim to the Circuit Court for trial.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 05/14/03 | |
| Neil Friedman vs. Lynn W. Brown
E2002-01615-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:William H. Inman |
Carter County | Court of Appeals | 05/14/03 | |
| Lisa Kay Rogers vs. Richard Barrett Rogers
E2002-02300-COA-R3-CV
In this divorce action, the trial court divided marital property and awarded child support and rehabilitative alimony. Both parties raise issues on appeal. We affirm, as modified.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Howell N. Peoples |
Hamilton County | Court of Appeals | 05/13/03 | |
| 2002-02685-COA-R3-CV
2002-02685-COA-R3-CV
Originating Judge:Telford E. Forgerty, Jr. |
Cocke County | Court of Appeals | 05/13/03 | |
| Emma Johnson vs. Knox County Board of Education
E2003-00248-COA-R3-CV
Plaintiff Johnson slipped and fell where water was in school's hallway. Defendants were granted Judgment on ground they had no notice of condition of hallway. We reverse and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 05/13/03 | |
| Mitch Stooksbury vs. American National Property
E2002-02385-COA-R3-CV
Mitch and Gina Stooksbury ("Plaintiffs") purchased homeowners insurance from American National Property and Casualty Company ("Defendant"). After Plaintiffs' home was destroyed by fire, they were informed by Defendant that their insurance policy had been cancelled prior to the date of loss because of an underwriting risk arising from missing railing on a deck. Defendant claimed to have mailed a cancellation notice and refund check to Plaintiffs in accordance with the terms of the policy. Plaintiffs denied receiving the cancellation notice or refund check. A jury concluded Defendant failed to prove by a preponderance of the evidence that it mailed the cancellation notice to Plaintiffs. The jury also concluded Defendant acted unfairly and in bad faith, and that Defendant's failure to pay the loss was through fraudulent and deceptive practices. The Trial Court entered a judgment for Plaintiffs in the amount of $92,750, for damages pursuant to the insurance contract, plus prejudgment interest on that $92,750. The Trial Court also assessed a 25% bad faith penalty and an additional 5% for punitive damages. Both parties appeal. We affirm the judgment for Plaintiffs in the amount of $92,750 and the prejudgment interest awarded on that $92,750. The bad faith penalty and award of punitive damages is reversed.
Authoring Judge: Judge David Michael Swiney
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 05/13/03 | |
| Jeffrey Edmisten v. Kathy Edmisten
M2001-00081-COA-R3-CV
Wife sought separate maintenance and support. After a two year separation during the pendency of Wife's petition, Husband sought a divorce on the statutory ground of the separation. Wife opposed the divorce. The trial court dismissed Husband's counter-complaint, awarded Wife a legal separation, divided the marital property, and awarded alimony in futuro to Wife. Husband appeals, challenging not only the trial court's decision not to award a divorce, but also the division of marital property and award of alimony to Wife. We affirm in part, reverse in part, and modify the trial court's order.
Authoring Judge: Presiding Judge Patricia J. Cottrell
|
Williamson County | Court of Appeals | 05/13/03 | |
| New Covenant Baptist Church vs. Panther Sark
E2002-02693-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas R. Frierson, II |
Knox County | Court of Appeals | 05/13/03 | |
| Vickie Nash vs. Thomas Nash
E2002-01597-COA-R3-CV
This appeal of a judgment for divorce entered by the Knox County Circuit Court questions whether the Trial Court erred in its classification and division of a 401(k) retirement account and in its award of rehabilitative alimony. We affirm in part, modify in part and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:William K. Swann |
Knox County | Court of Appeals | 05/13/03 | |
| Sam Weaver vs. Knox County Board of Zoning Appeals
E2002-02000-COA-R3-CV
Sam C. Weaver filed a petition for writ of certiorari, seeking an order of the trial court setting aside the decision of the Knox County Board of Zoning Appeals ("the BZA") granting Crown Communications, Inc., and BellSouth Personal Communications, Inc., dba Cingular Wireless, (collectively "the cellular companies") permission to construct a 195-foot cellular tower on property owned by one of Weaver's neighbors. The trial court dismissed the petition. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John F. Weaver |
Knox County | Court of Appeals | 05/13/03 | |
| New Covenant Baptist Church vs. Panther Sark
E2002-02693-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
|
Knox County | Court of Appeals | 05/13/03 | |
| Paul Seibers v. Melissa Cunnningham
M2002-02782-COA-R3-CV
This appeal stems from a parental dispute over the custody of a 16-year-old boy and a 12-year-old girl. Their father filed suit in the DeKalb County Juvenile Court seeking to remove the children from their mother's custody because they were dependent and neglected. The juvenile court granted the father custody of his son but decided that his daughter should remain with her maternal grandmother in the custody of the Department of Children's Services. The father pursued a de novo appeal to the Circuit Court for DeKalb County. After the children's mother moved to dismiss the appeal on the ground that it was untimely, the father filed a Tenn. R. Civ. P. 60.02(1) motion seeking relief from his untimely notice of appeal. The circuit court granted the father the requested relief and, following a bench trial, granted the father custody of both children. The mother asserts on this appeal that the circuit court lacked authority to grant the father relief from his untimely notice of appeal and, in the alternative, that the father was not entitled to Tenn. R. Civ. P. 60.02(1) relief for excusable neglect. We have determined that the trial court lacked subject matter jurisdiction to consider the father's Tenn. R. Civ. P. 60.02(1) motion and, therefore, that the father's appeal to the circuit court should have been dismissed because it was untimely.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:John A. Turnbull |
DeKalb County | Court of Appeals | 05/12/03 | |
| In The Matter of : Estate of J.C. Qeener
E2002-02311-COA-R3-CV
Trial Court entered Judgments against Estate for claimants on theories of resulting and/or constructive trusts, finding decedent's intent from a draft copy of Will never executed. On appeal, we affirm in part and reverse in part.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:William H. Russell |
Loudon County | Court of Appeals | 05/12/03 | |
| KHB Holdings vs. Mark Duncan
E2002-02062-COA-R3-CV
KHB Holdings, Inc. ("KHB") sued Mark A. Duncan and Tina L. Duncan ("the Duncans"), alleging that the Duncans had terminated KHB's contract to construct a residence for them. The trial court found that KHB's corporate charter had been revoked two years prior to the date on which KHB ostensibly contracted with the Duncans; denied KHB's motion to substitute its sole shareholder, Kenneth H. Boyd ("Boyd"), for the corporation; and held that KHB had failed to establish it was entitled to recover based upon a theory of quantum meruit. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 05/12/03 | |
| Gloria Chambliss vs. DennisStohler
E2002-02413-COA-R3-CV
Gloria Jean Chambliss saw Dennis L. Stohler, M.D. ("Defendant") for medical care and treatment for problems related to her right knee. Ms. Chambliss was dissatisfied with the results of Defendant's treatment. Ms. Chambliss and her husband, Willie Chambliss ("Plaintiffs") sued Defendant for medical malpractice. Defendant filed a motion for summary judgment, which the Trial Court granted. Plaintiffs filed a Tenn. R. Civ. P. 59.04 motion to alter or amend the judgment and also a motion to allow the filing of an amended affidavit of Plaintiffs' expert. The Trial Court denied the motions to alter or amend. Plaintiffs appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 05/12/03 | |
| Dept of Children's Services vs. RB
E2002-01950-COA-R3-CV
Trial Court terminated father's parental rights for failure to support child. On appeal, we affirm.
Originating Judge:John W. Walton |
Carter County | Court of Appeals | 05/12/03 | |
| Bankers Trust y vs. Timothy Collins
E2002-02109-COA-R3-CV
In this declaratory judgment action, the Trial Court held that recorded trust deeds and notes had priority over unrecorded trust deeds and notes and dismissed the action. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 05/12/03 |