| Kassandra Greene vs. Tarry Greene
E2002-02611-COA-R3-CV
The Trial Court granted divorce, divided the marital assets, and assigned debts. The husband has appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 09/15/03 | |
| Marion Mitchell v. Patricia Mitchell
E2002-03030-COA-R3-CV
This is a post-divorce proceeding. Patricia Mitchell ("Wife") filed a petition seeking to modify the parties' previously-modified judgment of divorce. She alleged a change of circumstances and sought "an increased alimony award." Some 23 months later, and at a regularly scheduled hearing on the merits, the trial court denied Wife's motion for a continuance and dismissed her petition against Marion Mitchell ("Husband"). The trial court subsequently denied Wife's motion to reconsider. Wife appeals, asserting that the trial court erred in failing to grant her motion for continuance and in failing to reconsider that decision. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 09/15/03 | |
| W2002-02672-COA-R3-JV
W2002-02672-COA-R3-JV
Authoring Judge: Judge David R. Farmer
Originating Judge:Sam C. Nailling |
Obion County | Court of Appeals | 09/12/03 | |
| Wanda Hobson v. The Metropolitan Government of Nashville and Davidson County, Tennessee
M2002-02512-COA-R3-CV
Plaintiff initiated this action alleging breach of contract, interference with contractual relations, and pursuant to the Governmental Tort Liability Act. The trial court dismissed the action for failure to state a claim. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Barbara N. Haynes |
Davidson County | Court of Appeals | 09/08/03 | |
| Shirley P. Secrest v. Tera C. Haynes, et al.
M2002-01895-COA-R3-CV
The appeal involves a claim for property damages by Shirley Secrest ("Secrest" or "Plaintiff") against Kenneth Smith and Tera Haynes, who were driving separate vehicles involved in a multi-vehicle accident with a vehicle owned by Plaintiff. After a trial, the Trial Court concluded that while the driver of Plaintiff's vehicle was not at fault and that either one or both of the Defendants were at fault, the complaint nevertheless should be dismissed because: (1) Plaintiff failed to prove by a preponderance of the evidence that Kenneth Smith was negligent; and (2) Plaintiff failed to prove by a preponderance of the evidence that Tera Haynes was negligent. Plaintiff appeals, claiming the Trial Court was required to allocate fault to Smith and/or Haynes once it concluded that Plaintiff was not at fault and either one or both of the Defendants were at fault. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Judge F. Lee Russell |
Marshall County | Court of Appeals | 09/08/03 | |
| Sharron Johnson et al., Rodney Lockhart
M2002-00623-COA-R3-CV
Sharron Johnson brought suit against her former husband, Rodney Lockhart, alleging breach of an oral contract to pay equal shares of the college expenses for their son, Paul G. Lockhart. The Circuit Court of Sumner County entered judgment for Ms. Johnson, and Mr. Lockhart appeals. We affirm the judgment of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 09/05/03 | |
| Alexander C. Wells v. James Hefner, et al.
M2002-02502-COA-R3-CV
Plaintiff filed a cause of action against several state employees for malicious prosecution. The trial court dismissed the action for lack of subject matter jurisdiction. We reverse.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Barbara N. Haynes |
Davidson County | Court of Appeals | 09/05/03 | |
| Angela Kamille Draper, as parent, survivor, and next friend of Bryanna Faith Draper, deceased v. State of Tennessee
E2002-02722-COA-R3-CV
In action against the State of Tennessee and a state employee, the Commissioner held he had no jurisdiction of the claims. On appeal, we affirm.
Authoring Judge: Judge Herschel P. Franks
Originating Judge:Commissioner Vance Cheek |
Sullivan County | Court of Appeals | 09/04/03 | |
| In the Matter of the Estate of Nola Layne Deskins, Nona Deskins Sanders, Lioubov V. Deskins, and Estate of Thomas A. Deskins, v. Randall Deskins and Thelma Deskins & Thelma Deskins
E2003-00427-COA-R3-CV
In this Estate dispute, the Trial Court dismissed claims of two claimants. We affirm, dismissal of claimant who died on grounds his Estate had no standing to proceed. We reinstate the action of the other claimant on grounds she is not estopped to maintain her action.
Authoring Judge: Judge Herschel P. Franks
Originating Judge:Judge Jeffrey D. Rader |
Sevier County | Court of Appeals | 09/04/03 | |
| John McConkey v. State of Tennessee
M2002-02671-COA-R12-CV
John McConkey ("Plaintiff") had a vasectomy performed by a state-employed doctor. Plaintiff experienced swelling and pain after the operation, which he claimed caused him to lose time at work and caused problems in his marriage. Plaintiff underwent two subsequent surgeries including the removal of his left testicle. Plaintiff brought this claim against the doctor who performed the vasectomy. Plaintiff had no expert witness at trial. After trial, the Claims Commission ("Commission") entered an order holding, inter alia, that Plaintiff did not carry his burden of proof to establish a res ipsa loquitur case. Plaintiff appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Commissioner W.R. Baker |
Court of Appeals | 09/04/03 | ||
| Linda Laws, Estate of Mary Eula Sloat, Deceased v. Water and Light Commission of Greeneville
E2002-01152-COA-R3-CV
This appeal questions whether the Trial Court erred in its judgment against the Appellant/Defendant, Water and Light Commission of the Town of Greeneville, Tennessee, for personal injuries sustained by a Greeneville resident as a result of the smoking of sewer lines by the Appellant. We affirm This appeal questions whether the Trial Court erred in its judgment against the Appellant/Defendant, Water and Light Commission of the Town of Greeneville, Tennessee, for personal injuries sustained by a Greeneville resident as a result of the smoking of sewer lines by the Appellant. We affirm the judgment of the Trial Court.
Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge Ben K. Wexler |
Greene County | Court of Appeals | 09/03/03 | |
| In Re: Lillie Odessie Green, Decedent
M2002-01672-COA-R3-CV
The court is asked to construe the following language contained in a form will: "I give all my estate to my children, if any, who survive me in equal shares, per stirpes." The testatrix was survived by four of her five children. The trial court held that the two children of the testatrix's child who predeceased her did not take any of her estate. We hold likewise.
Authoring Judge: Judge Royce Taylor
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 08/29/03 | |
| Jasmine A. Ali v. Eric N. Fisher, et al.
E2003-00255-COA-R3-CV
After an automobile accident in which she suffered serious injuries, Jasmine A. Ali ("Plaintiff") sued both the driver of the automobile, Eric N. Fisher ("Fisher"), and the owner of the automobile, Thomas Scheve ("Scheve"). The claim against Scheve was based on negligent entrustment. Prior to trial, Plaintiff and Scheve were in sharp disagreement as to whether Scheve's alleged negligent entrustment resulted in Scheve's being vicariously liable for Fisher's conduct, or whether Scheve's negligence should be apportioned by the jury pursuant to comparative fault principles. The trial court concluded Scheve's alleged negligent entrustment should be apportioned by the jury pursuant to comparative fault principles. After a trial, the jury returned a verdict for plaintiff and apportioned fault, 80% to Fisher and 20% to Scheve based on his negligent entrustment of the vehicle to Fisher. The trial court entered a judgment in accordance with the jury's verdict. Plaintiff filed a Motion to Alter or Amend Judgment asking the trial court to reverse its earlier pre-trial ruling and hold Scheve vicariously liable for Fisher's negligence because Scheve negligently entrusted the vehicle to Fisher. The trial court granted the motion and amended the judgment which, in effect, held Scheve and Fisher jointly and severally liable for the entire amount of the jury's award. Scheve appeals. We hold the trial court erred when it amended the original judgment after concluding, post- trial, that Scheve was vicariously liable for Fisher's conduct. We vacate the amended judgment and reinstate the original judgment of the trial court entered in accordance with the jury's verdict apportioning fault.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John S. Mclellan, III |
Sullivan County | Court of Appeals | 08/29/03 | |
| Department of Children's Services v. C.L. & M.T.
M2001-02729-COA-R3-JV
At issue in this appeal is the petition filed by the Department of Children's Services to terminate the parental rights of Mother and Father to nine of their children. After a trial, the trial court granted the petition to terminate the parental rights of Mother and Father based on abandonment, failure to comply with the Permanency Plans, and persistence of the conditions which led to the removal. Each parent independently appeals the decision of the trial court, arguing that there was not clear and convincing evidence to support the trial court's ruling. Because we find that grounds for termination were not proved as to either parent, we reverse the judgment terminating Father's and Mother's parental rights.
Originating Judge:Andrei E. Lee |
Davidson County | Court of Appeals | 08/29/03 | |
| Barbara Lee Bunce Kerce v. Stephen Paul Kerce
M2002-01744-COA-R3-CV
The appellant Stephen Paul Kerce challenges the divorce decree entered in Moore County Circuit Court, alleging that the court erred in its valuation and distribution of the marital estate. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Lee Russell |
Moore County | Court of Appeals | 08/29/03 | |
| In Re: The Estate of Merle Halliburton Neal Myers v. Farmers & Merchants Bank Corp., Inc. Brooksie Byers, Douglas Myers, James Myers
M2002-00888-COA-R3-CV
After the death of their elderly mother, her sons discovered that the decedent's stepson and his wife had used a power of attorney to transfer the funds from the decedent's $20,000 CD to themselves. The decedent's son filed a petition to have the money restored to her estate. The trial court held that the CD was a valid inter vivos gift from the decedent. We reverse, because there is no evidence in the record that such a gift was ever made.
Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Judge Robert E. Burch |
Stewart County | Court of Appeals | 08/29/03 | |
| M2002-02661-COA-R3-CV
M2002-02661-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 08/29/03 | |
| Shawn E. McWhorter v. Randall Bare
E2002-02896-COA-R3-CV
Professional pilot Shawn E. McWhorter ("Plaintiff") sued Randall Barre ("Defendant") for defamation based upon a letter Defendant wrote to the Federal Aviation Administration ("FAA") containing allegations that plaintiff was medically unfit to be a pilot. The jury returned a verdict for plaintiff and awarded $25,000 in compensatory damages and $42,500 in punitive damages. The trial court entered its judgment, as later amended, in favor of plaintiff against defendant for $105,820.01, consisting of compensatory damages of $25,000, punitive damages of $42,500, and attorney fees and expenses in the amount of $38,320.01. The trial court's award of attorney fees and expenses was based upon defendant's refusal to admit liability in response to requests for admission. Defendant appeals. We affirm, in part, and reverse, in part.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 08/29/03 | |
| TGJ & Co. vs. Michael E. MaGill
E2003-00298-COA-R3-CV
Margaret E. Bowers ("the Claimant") appeals the judgment of the trial court, which reversed an administrative determination of the Commissioner of the Department of Labor and Workforce Development ("the Commissioner"). The Commissioner had held that the Claimant is eligible for unemployment compensation as a result of the termination of her employment with TGJ & Co., Inc. ("the Employer"). Because we hold that the Claimant voluntarily quit her employment without good cause, we affirm the trial court.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John F. Weaver |
Knox County | Court of Appeals | 08/28/03 | |
| Lindsay Alford vs. Oak Ridge City Schools
E2002-03133-COA-R3-CV
Lindsay E. Alford ("the plaintiff") and her father, David R. Alford, IV, sued The Oak Ridge City Schools ("the high school") under the Governmental Tort Liability Act ("GTLA") for injuries sustained by the plaintiff when she slipped on a hallway floor at Oak Ridge High School, where she was a student. At the conclusion of the plaintiff's proof, the trial court granted the high school's motion for an involuntary dismissal, finding that, while the plaintiff had proven the existence of water on the floor, she had failed to prove that the high school knew or should have known about the water. From this ruling, the plaintiff appeals. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 08/28/03 | |
| W2003-00129-COA-R3-CV
W2003-00129-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Jon Kerry Blackwood |
Crockett County | Court of Appeals | 08/27/03 | |
| Dianna Dawn Mcgahey v. Davis Lee Mcgahgey
W2003-01051-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Ron E. Harmon |
Carroll County | Court of Appeals | 08/27/03 | |
| In Re: The Estate of Lowell Frazier
E2002-01203-COA-R3-CV
This appeal concerns two separate suits filed in the Chancery Court for Campbell County in connection with the administration of the Estate of Lowell Frazier. The first suit was brought by Sam Lough, individually, and also, along with his wife, Debbie Lough, as parents and guardians of Matthew Lough, and Darryl Herron and Elizabeth Herron, as parents and guardians of Chelsea Herron. It sought to establish a lost or spoilated will of Mr. Frazier, which was dated January 30, 1998 ("the first will"). The second suit was brought by Matthew Lough and Chelsea Herron by and through their guardian ad litem, appointed in the first case, contesting a later will dated May 24, 2000 ("the second will"). The cases were consolidated below and the suit seeking to establish the first will was tried first. Under an agreement of the parties, the first case must be decided in favor of the minors before they would have standing to contest the second will. After a plenary trial a jury found as to the first case that the Plaintiffs proved by clear and convincing evidence that Lowell Frazier did not destroy the first will. Thereupon, the second trial was had before the same jury, which found against the second will on the ground that due execution was not proved and that Glenda Faye Smith, who was the sole beneficiary of the second will, and at the time it was executed was attorney-in-fact for Mr. Frazier, did not overcome the presumption of undue influence over Mr. Frazier by clear and convincing evidence. Ms. Smith raises a number of issues, many of which merit a critical examination, but our review of the record persuades us that the issue which contends that she was entitled to a directed verdict in the first case is the dispositive issue in this appeal. We find that the Court was in error in not directing a verdict in her favor in the lost will case and reverse the judgment rendered therein. This results in the Plaintiffs not having standing to pursue the second case, which is reversed and dismissed.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Billy Joe White |
Campbell County | Court of Appeals | 08/27/03 | |
| 00521-COA-R3-JV
00521-COA-R3-JV
Originating Judge:Barry R. Brown |
Sumner County | Court of Appeals | 08/25/03 | |
| James Tate v. Glenda Tate
M2002-01749-COA-R3-CV
This appeal concerns the propriety of the trial court's property division between divorcing parties. As part of its division of the marital property, the trial court ordered that Husband transfer a home, which was his separate property, to Wife. The trial court also awarded Wife $4,500.00 as her interest in a Mercedes automobile which the parties purchased for $15,000.00. We affirm in part, reverse in part, and remand.
Authoring Judge: Judge David R. Farmer
Originating Judge:Carol A. Catalano |
Robertson County | Court of Appeals | 08/25/03 |
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