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| Alice Beason vs. C.A.Beason
E2002-01425-COA-R3-CV
These appeals involve an equitable distribution of the Tier II railroad retirement benefits of C.A. Beason ("Husband"). When Alice Beason ("Wife") and Husband were divorced the first time in 1989, Wife admittedly made no claim for any of Husband's Tier II benefits and was awarded none. The parties then remarried in 1992 and were divorced for the second time in 1996. A Qualified Domestic Relations Order ("QDRO") eventually was entered in the second divorce which awarded Wife 100% of Husband's Tier II benefits. After Husband became disabled, Wife began receiving all of his Tier II benefits which had accumulated during Husband's 31 years of employment with the railroad. Husband claims he then realized for the first time the true effect of the QDRO and filed a Tenn. R. Civ. P. 60.02(5) motion seeking relief from the judgment. Husband's Rule 60.02(5) motion was granted and the Trial Court entered a new QDRO awarding Wife only 100% of the Tier II benefits which had accrued during the second marriage. Wife then sought relief by Rule 60.02(5) from the judgment entered in the first divorce in 1989, asking that Trial Court to award her an equitable distribution of the Tier II benefits which had accrued during the first marriage. Wife's motion was denied. Wife appeals both decisions. On appeal, we affirm the Trial Court's decision to grant Husband relief from the judgment in the second divorce, and we also affirm the Trial Court's refusal to grant Wife relief from the judgment in the first divorce.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 03/31/03 | |
| Larry Benton v. Vanderbilt University
M2002-00085-COA-R3-CV
This is a case of first impression regarding the enforceability of an arbitration agreement against a third party. The plaintiff was a passenger in an automobile accident and was treated at the defendant hospital. The hospital filed a statutory hospital lien against any proceeds the plaintiff might recover in any lawsuit arising out of the car accident. The plaintiff later successfully sued the tortfeasor for the injuries he sustained in the accident. Thereafter, the hospital sought to recover under its lien for the balance of the plaintiff's medical bills that were not paid to the hospital by the plaintiff's insurance carrier. The plaintiff filed this action against the hospital, claiming that the hospital's practice of balance billing violates the institution agreement between the hospital and the plaintiff's insurance carrier. The hospital filed a motion in the trial court to compel arbitration, pursuant to an arbitration provision contained in the institution agreement. The trial court denied that motion. The hospital now appeals the denial of its motion to compel arbitration. We reverse, concluding that the plaintiff, a third-party beneficiary to the institution agreement seeking to enforce his rights under that agreement, is bound by the arbitration provision contained within that agreement.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 03/31/03 | |
| Joan Rutledge Mccrone v. Jason Lee Richardson
CH-01-0321-1
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 03/31/03 | |
| Dwight Hunt, et Rel. James W. Dotson vs. Carter County
E2002-01339-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas J. Seeley, Jr. |
Carter County | Court of Appeals | 03/31/03 | |
| Dwight Hunt, et Rel. James W. Dotson vs. Carter County
E2002-01339-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas J. Seeley, Jr. |
Carter County | Court of Appeals | 03/31/03 | |
| 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 | |
| Pacific Design Ventures v. Big River Breweries
M2001-02395-COA-R3-CV
The Chancery Court of Davidson County granted summary judgment and dismissed appellants' suit. On appeal, the appellants argue the Chancellor erred in striking their response to appellees' statement of undisputed facts, amended complaint and affidavit supporting the amended complaint as being late-filed. We find the Chancellor did not abuse his discretion, and we also find summary judgment was appropriate. Therefore, we affirm.
Authoring Judge: Sr. Judge Allen W. Wallace
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 03/28/03 | |
| State Dept of Children's Srvcs v. D.D.B.
M2002-00523-COA-R3-JV
This appeal arises from the termination of parental rights by the juvenile court. We affirm the juvenile court.
Authoring Judge: Judge Stella L. Hargrove
Originating Judge:John J. Hestle |
Montgomery County | Court of Appeals | 03/28/03 | |
| Richard Lee v. City of Lavergne
M2001-02098-COA-R3-CV
The cause was heard by the Chancery Court for Rutherford County, on a petition for Writ of Certiorari. The Chancellor remanded the case and ordered the City of LaVergne to provide plaintiff a hearing before the City Administrator. The City appealed. We find the appellee was an at will employee, and as such, has no property interest in his job. Therefore, a due process claim is inapplicable. Appellee relies upon the City of LaVergne Employee Manual. The Manual does not contain clear and binding language to create a contract of employment, and does not create any property rights in appellee. Therefore, the judgment of the Chancellor is reversed.
Authoring Judge: Sr. Judge Allen W. Wallace
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 03/28/03 | |
| Dept of Human Srvcs. / Dept of Children Srvcs. v. Debra Wilson
M2002-00233-COA-R3-JV
Authoring Judge: Judge David R. Farmer
Originating Judge:Larry G. Ross |
Warren County | Court of Appeals | 03/27/03 | |
| Dept of Human Srvcs. / Dept of Children Srvcs. v. Debra Wilson
M2002-00233-COA-R3-JV
Authoring Judge: Judge David R. Farmer
Originating Judge:Larry G. Ross |
Warren County | Court of Appeals | 03/27/03 | |
| Edward Gray vs. Johnson Mobile Homes
W2001-01982-COA-R3-CV
This is a contract case. The buyer contracted to purchase a mobile home. After the home was delivered, the buyer inspected it and found it to be in unsatisfactory condition. The buyer complained to the seller and then to the manufacturer, each of whom attempted to remedy the problems. The buyer found the repairs to be unacceptable and revoked his acceptance of the mobile home. The buyer sued the seller, the manufacturer, and the finance company. The buyer settled with the finance company. The seller became insolvent and did not appear at the trial. Consequently, the buyer went to trial against the seller and the manufacturer, with only the manufacturer present. The trial court found for the buyer and apportioned the damages between the seller and the manufacturer. On appeal, the buyer argues that the trial erred in apportioning the damages between the seller and the manufacturer, and in awarding him insufficient damages. The manufacturer argues that the trial court erred in denying its motion for involuntary dismissal, and in awarding damages against the manufacturer. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Dewey C. Whitenton |
Hardeman County | Court of Appeals | 03/26/03 | |
| Leroy McBee v. David Elliott
M2002-00277-COA-R3-CV
In this case, a brother and sister dispute who is the actual owner of property formerly owned by their deceased parents. We are asked to decide if the trial court properly relied upon promissory estoppel and adverse possession to recognize that the brother had a defense to this claim for possession. We affirm the decision of the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Jeffrey F. Stewart |
Franklin County | Court of Appeals | 03/26/03 | |
| Ben Wilson vs. Kate Wilson Ward
E2001-02177-COA-R3-CV
The Trial Court, exercising its equitable powers, ordered property sold and proceeds distributed in accordance with the terms of a Will in an estate closed in 1982. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas R. Frierson, II |
Greene County | Court of Appeals | 03/24/03 | |
| Gurkin'S Drive-In Market v. Alcohol And Licensing
CH-01-2581-1
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 03/21/03 | |
| In Re: Shiann Horner
E2002-00588-COA-R3-JV
This appeal focuses on the trial court's guardianship decree regarding Shiann Marie Horner (DOB: November 18, 1996) ("the child"). When the child's mother died, she moved in with her father, Charles E. Horner ("the father"), in Greene County. Following the father's incarceration as a result of his second arrest for driving under the influence of an intoxicant ("DUI"), the child started living full-time with her weekend caregivers, Ralph L. Hensley and Diana Hensley ("the Greeneville couple"), a married couple who are not related to the child by blood or marriage. The child's maternal aunt, Lori Lynn Kopsi, a resident of Menominee, Michigan ("the Michigan aunt"), filed a petition seeking custody of the child. The Greeneville couple responded with their own petition for custody. Following a hearing on the competing petitions, the trial court determined that it was in the child's best interest that the Greeneville couple should serve as the child's guardian. The Michigan aunt appeals, challenging the trial court's judgment. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas J. Wright |
Greene County | Court of Appeals | 03/21/03 | |
| Daniel Bills v. Conseco Insurance
M2002-01906-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 03/20/03 | |
| Randall Cook v. Frank Hanner
M2002-01083-COA-R3-CV
Robertson County -This case involves allegations of an improper verdict form and jury instructions. As Appellants failed to make timely objections concerning these issues, and failed to file a motion for a new trial based on these perceived irregularities, we affirm the judgment of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Ross H. Hicks |
Robertson County | Court of Appeals | 03/20/03 | |
| Daniel Bills v. Conseco Insurance
M2002-01906-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 03/20/03 | |
| State v. All Parties with an Interest in the Property /Map 158, Parcel 34
M2002-01137-COA-R3-CV
This is a case involving the proposed disinterment of Indian burial grounds. The Appellants urge this Court to consider numerous issues. Having determined that the only issue properly before this Court is the propriety of the trial court's denial of Appellants' motion to intervene, we affirm the trial court's denial of intervention.
Authoring Judge: Judge David R. Farmer
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 03/20/03 | |
| R.P. Industries v. United States Aluminum
M2002-00897-COA-R3-CV
This appeal arises from a dispute over an agreement to issue joint checks. The trial court found that the parties had an agreement whereby the general contractor was to issue checks jointly payable to the sub-contractor and the materials supplier, which the general contractor breached when it issued single payee checks. The court awarded the materials supplier $17,500.00. The parties raise two issues on appeal. For the following reasons, we affirm in part, reverse in part, and remand.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 03/20/03 | |
| James Corbin v. Tom Lange Co.
M2002-01162-COA-R3-CV
This case involves a noncompetition agreement. An employee signed a noncompete agreement when he began working for an employer. The employee resigned and began working for a competitor of the employer. The employee sought a declaratory judgment that the noncompete agreement was unenforceable. Approximately eighteen months into the two-year noncompetition period, the trial court issued a ruling that the agreement was not enforceable. The employer appeals. We affirm, finding that neither the training provided to the employee nor the employee's relationship with the employer's customers created a business interest that warranted the protection of a noncompetition agreement.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 03/20/03 | |
| Donald Curlee v. State Auto Mutual
M2002-01627-COA-R3-CV
This case involves the interpretation of a permit bond. The contractor and a surety entered into a permit bond relating to work the contractor was to perform for a metropolitan government. The bond was written in favor of the metropolitan government as well as property owners whose property was damaged due to the contractor's violation of certain metropolitan government codes. In the underlying lawsuit, a property owner was awarded a judgment against the contractor. In this lawsuit, the property owner sued the surety for failing to pay the judgment against the contractor. The trial court granted the surety's motion to dismiss, finding that there was no contractual relationship between the property owner and the surety on which a claim could be based, nor was the property owner a third-party beneficiary of the permit bond. The property owner appeals. We review the trial court's decision as a motion for summary judgment and affirm, finding that the record does not show that the property owner was among the parties protected under the language of the Bond.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 03/20/03 | |
| E2002-01156-COA-R3-CV
E2002-01156-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 03/20/03 |