Please enter some keywords to search.
| W2002-01687-COA-R3-CV
W2002-01687-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 04/24/03 | |
| Richard McDonald vs. Swain & Sons
W2002-00012-COA-R3-CV
This is a retaliatory discharge case. In July 1998, the plaintiff truck driver began working for the defendant trucking company. In June 1999, the truck driver was involved in a one-vehicle accident while making a delivery for the company. Soon thereafter, the truck driver was discharged. The truck driver sued the trucking company in the court below, alleging that his discharge was not because of the vehicular accident, but rather was in retaliation for refusing to participate in or remain silent about alleged illegal activity by the trucking company. The trial court found in favor of the trucking company on all issues. The plaintiff truck driver now appeals on several grounds. No transcript or statement of the evidence was filed. The issues raised by the plaintiff require a review of the proceedings below that is not possible in the absence of a transcript of the trial proceedings or a statement of the evidence. Consequently, we affirm the trial court's decision.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 04/24/03 | |
| Union Planters Bank vs. Bobbye Shepard
W2002-01188-COA-R3-CV
Executor brought this action to recover proceeds of the sale of decedent's property prior to decedent's death. Both parties moved for attorney's fees. The trial court entered judgment for defendant and awarded defendant's attorney's fees. On issues relating to decedent's property, we affirm in part and reverse in part. We reverse the award of attorney's fees and remand for a determination of reasonableness.
Authoring Judge: Judge David R. Farmer
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 04/23/03 | |
| W2002-00489-COA-R3-CV
W2002-00489-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Rita L. Stotts |
Shelby County | Court of Appeals | 04/23/03 | |
| W2002-01474-COA-R3-CV
W2002-01474-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 04/23/03 | |
| W2002-03016-COA-R3-CV
W2002-03016-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 04/23/03 | |
| Edwin Boothe vs. Fred's Inc.
W2002-01414-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 04/23/03 | |
| Edwin Boothe vs. Fred's Inc.
W2002-01414-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 04/23/03 | |
| W2002-02220-COA-R3-CV
W2002-02220-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Ron E. Harmon |
Decatur County | Court of Appeals | 04/22/03 | |
| Amsouth Erectors, Llc v. Skaggs Iron Works, Inc.,
CH-01-0585-2
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 04/22/03 | |
| The Oceanics Schools vs. Clifford Barbour, Jr.
E2002-00181-COA-R3-CV
This matter is before us on the petition of the plaintiff for a rehearing pursuant to Tenn. R. App. P. 39.
Authoring Judge: Judge Charles D. Susano, Jr.
|
Knox County | Court of Appeals | 04/22/03 | |
| W2002-03050-COA-R3-CV
W2002-03050-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:William B. Acree |
Gibson County | Court of Appeals | 04/22/03 | |
| Ann Wing v. Estate of James Wing
M2001-01598-COA-R3-CV
The Circuit Court of Davidson County ordered the husband involved in a divorce to pay $230 per week in support payments to the wife after the husband retired from the Metropolitan Government of Nashville and Davidson County. When the husband retired he elected to receive guaranteed payments for 120 months and designated his daughter as the beneficiary to receive the payments if he died within the 120 month period. The court then modified its prior order to provide that the payments were a division of the husband's pension from the Metropolitan Government of Nashville and Davidson County. After the husband's untimely death, the court ordered the Metropolitan Government and/or the husband's daughter who had been made the beneficiary of the pension to make the payments. Because we find that the court lacked personal jurisdiction over Metro and the daughter, we reverse the court's order and remand for further proceedings.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 04/14/03 | |
| Evan Roberts vs. Miller Industries
E2002-01726-COA-R3-CV
In this appeal from the Chancery Court for Hamilton County the Appellants/Defendants, Miller Industries, Inc. and Road One, Inc., contend that the Trial Court erred in awarding the Appellee/ Plaintiff, Evan J. Roberts, damages for breach of contract. The judgment of the Trial Court is affirmed in part and reversed and vacated in part, and the cause is remanded for collection of costs below.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 04/10/03 | |
| Reta Tompkins v. Kevin Helton
M2002-01244-COA-R3-CV
The Plaintiffs, Reta J. Tompkins and her husband, Michael J. Tompkins, brought this negligence action against the Defendant, Kevin W. Helton, as the agent for the Defendant, B.K. Luna, individually and d/b/a Big Foot Speedway, Inc., a/k/a Tennessee Motor Speedway. The Defendants filed a motion for summary judgment with a copy of the Release and Waiver of Liability Agreement signed by the Plaintiffs. The trial court granted partial summary judgment, found that the release was valid as to the Defendants and released the Defendants as to all causes of action based on ordinary negligence. We affirm.
Authoring Judge: Chancellor Carol L. McCoy
Originating Judge:John A. Turnbull |
Putnam County | Court of Appeals | 04/10/03 | |
| Elizabeth Snodgrass v. Allen Freemon
M2002-01247-COA-R3-CV
Defendant/Cross-Claimant appeals the action of the trial court in holding that Cross-Claimant had not carried his burden of proof to establish adverse possession of the property in issue. We affirm the judgment of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Stella L. Hargrove |
Lawrence County | Court of Appeals | 04/10/03 | |
| Billy Culp v. Billie Grinder
M2002-01512-COA-R3-CV
The Culps brought suit against their neighbors, the Grinders, for removal of a septic tank solid line located on their property. The Culps argued that the ten foot easement reserved by the subdivision for "utilities" did not include personal septic tanks. The trial court dismissed the suit and found that the septic tank solid line placement was a type of "utility" and was within the ten foot easement; further, the court found no damages had been suffered by the Culps. We affirm the decision of the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Jim T. Hamilton |
Wayne County | Court of Appeals | 04/10/03 | |
| State v. R.S. and K.S.
M2002-00919-COA-R3-CV
This appeal involves a petition filed by the Department of Children's Services to terminate the parental rights of Mother and Father to their three minor children. The trial court denied the petition and ordered the children returned to Mother and Father. The Department appeals the decision of the trial court, arguing first that there was clear and convincing evidence to support termination, and secondly, even if the denial is upheld, the trial court lacked jurisdiction to order the children's return to their parents. Because we find the petition was properly denied, but further find the trial court lacked jurisdiction to order the children's return home, we affirm in part, vacate in part, and remand.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Buddy D. Perry |
Franklin County | Court of Appeals | 04/10/03 | |
| Shin Yi Lien v. Ruth Couch
M2002-01625-COA-R3-CV
This is the second time the parties have been before this court in a dispute over the purchase of emu chicks. In this appeal, the Plaintiffs take issue with the trial court's limitation of damages recoverable under the Tennessee Consumer Protection Act. We reverse the judgment of the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:John D. Wootten, Jr. |
Wilson County | Court of Appeals | 04/10/03 | |
| M2002-02603-COA-R3-JV
M2002-02603-COA-R3-JV
Authoring Judge: Judge William B. Cain
Originating Judge:Lee A. England |
Lawrence County | Court of Appeals | 04/10/03 | |
| Royden Russell vs. Malvin L. Bray, et al.
E2002-02153-COA-R9-CV
Royden Russell and Judy Russell ("Plaintiffs") entered into a contract with Malvin L. Bray and Diedre Bray ("Sellers") to purchase a house. The sales contract required Plaintiffs to obtain an inspection by a professional home inspector. Plaintiffs hired Randall L. Douthat and Holly Douthat d/b/a The HomeTeam Inspection Service ("Defendants") to perform the home inspection. Royden Russell signed a form contract ("Contract") presented by Defendants. The Contract contained an exculpatory clause limiting Defendants' liability to the lesser of the cost of repair or the amount of the inspection fee. After moving into the house, Plaintiffs discovered structural problems. Plaintiffs sued Sellers, the realtors involved in the sale of the house, and Defendants. Plaintiffs filed a motion for partial summary judgment concerning the exculpatory clause contained in the Contract. Defendants responded by filing a Renewed Motion for Summary Judgment concerning, in part, the exculpatory clause. The Trial Court held the exculpatory clause was not against public policy and was enforceable. The Trial Court also granted Plaintiffs permission to file an interlocutory appeal. Plaintiffs applied to this Court and were granted an interlocutory appeal on the limited issue of whether the Trial Court erred in holding the exculpatory clause was not against public policy. We reverse.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Chancellor John S. McLellan, III |
Sullivan County | Court of Appeals | 04/04/03 | |
| Willard Malone vs. Judy Malone
E2002-01257-COA-R3-CV
In this post-divorce case, Willard Eugene Malone (Husband) filed a motion requesting the Trial Court to decrease or discontinue his alimony payments to Judy Mae Bishop Malone (Wife). The sole basis for the motion was Husband's allegation that Wife "is cohabiting with a third person . . .and is no longer in need of the alimony paid by [Husband]." Wife denied that a reduction or elimination of alimony was appropriate, alleging that the person who had lived with her did not provide her financial support or contribution, and that he no longer lived in her trailer at the time of her answer. Wife also alleged that she remained in need of the alimony payments. The Trial Court found no substantial material change in circumstances and ordered Husband to continue paying alimony in the amount of $1000 per month. Husband appeals. We affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:G. Richard Johnson |
Washington County | Court of Appeals | 03/31/03 | |
| McMinn County vs. Ocoee Environmental
E2002-00702-COA-R3-CV
This appeal questions the validity of a resolution enacted by Appellant McMinn County imposing a surcharge for solid waste disposal at all Class I landfills located in McMinn County. The resolution as initially passed imposed a surcharge of $4.00 per ton of waste, and was subsequently reduced by McMinn County to $2.75 per ton. Appellee Environmental Trust Company ("ETC"), which owns one of the two landfills in the county, refused to pay the surcharge, asserting that it was actually an unlawful tax. McMinn County filed this action to require ETC to pay the surcharge. The Trial Court held that the resolution imposed an unlawful tax, and granted summary judgment in favor of ETC. We affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:John B. Hagler, Jr. |
McMinn County | Court of Appeals | 03/31/03 | |
| Nina Sue Holland v. City of Memphis,
W2002-01529-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 03/31/03 | |
| Charles Woods vs. Angelika Woods
E2001-02461-COA-R3-CV
In this post-divorce case, Charles Grady Woods, acting pro se, appeals the Trial Court's orders finding him in contempt of court and awarding his former wife, Angelika Mazur Woods, certain sums which the Court found due and owing under the final decree of divorce. We affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:John S. Mclellan, III |
Sullivan County | Court of Appeals | 03/31/03 |