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| Cheryl Anderson v. Carmeletha Mason
M2002-01080-COA-R3-CV
Defendant/Appellant, Carmeletha Mason, appeals from a jury verdict and judgment against her in this wrongful death action. She was the owner of a vehicle driven by her daughter, which was involved in an accident resulting in the death of David Anderson, husband of the Plaintiff/Appellee, Cheryl Anderson. Appellant asserts that her vehicle was being operated without her permission and that she was not guilty of an act of negligent entrustment. She also asserts that the trial court erred in failing to direct a verdict in her favor. We affirm the action of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 07/29/03 | |
| Betty Jensen v. Tracy City
M2002-02019-COA-R3-CV
This is an action under the Governmental Tort Liability Act against Tracy City for an accident allegedly caused by the accumulation of gravel on a city street at the bottom of a steep hill. The Circuit Court of Grundy County granted the City summary judgment. We reverse and remand for further proceedings.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Buddy D. Perry |
Grundy County | Court of Appeals | 07/29/03 | |
| Edward Risher v. Cherokee Buick-Pontiac-Oldsmobile-
E2002-1644-COA-R3-CV
Originating Judge:G. Richard Johnson |
Washington County | Court of Appeals | 07/28/03 | |
| Alpha Sheriff v. Preferred Alternative Tennessee
M2002-01282-COA-R3-CV
This matter originated in the General Sessions Court of Davidson County. A judgment against the Appellant in the amount of fifteen hundred dollars ($1500.00) was awarded to the Appellee. An appeal was made to the Circuit Court of Davidson County and the matter tried de novo. The Circuit Court of Davidson County apparently applied theories founded in the law of negligence and also entered judgment against the Appellant in the amount of fifteen hundred ($1500.00) dollars . We find the learned trial judge erred in applying negligence theory to the facts of this case but nevertheless affirm the judgment of the trial court
Authoring Judge: Judge William C. Lee
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 07/25/03 | |
| Carolyn Marie White v. Timothy Moody
M2002-01287-COA-R3-CV
After the first appeal and remand in this case, the trial judge rendered another judgment based on her review of the record without hearing additional proof. While we do not find error, we find our mandate was not clear as to what proceedings we envisioned on remand. Accordingly, we clarify our mandate and remand the matter to the trial court to conduct a full hearing on the best interests of the child which would include the taking of additional proof relevant to this issue.
Authoring Judge: Judge William C. Lee
Originating Judge:Carol A. Catalano |
Robertson County | Court of Appeals | 07/25/03 | |
| In Matter of: J.J.C./A.L.C./J.R.C. vs. Tabitha Stewart
W2001-01799-COA-R3-CV
This is an appeal of a termination of parental rights. For the following reasons, we vacate the portion of the juvenile court's ruling finding Mother willfully failed to support her children and affirm all other findings of the court below, thus terminating Mother's parental rights.
Originating Judge:William A. Peeler |
Tipton County | Court of Appeals | 07/24/03 | |
| In Re: Estate of Spencer Brown
M2002-00141-COA-R3-CV
This is a lawsuit filed by Don M. Brown ("Mr. Brown" or "the Appellant") against Allene Dunnagan ("Ms. Dunnagan" or "the Appellee") to set aside Spencer Brown's Last Will and Testament dated February 11, 2000. Mr. Spencer Brown died on February 21, 2000. Mr. Brown alleged that Ms. Dunnagan had used undue influence to get Spencer Brown to change his 1994 will. The Dickson County Circuit Court granted the Appellee's Motion for Directed Verdict and dismissed the Appellant's complaint. The Appellant appealed this decision. We reverse the decision of the trial court and remand for further proceedings.
Authoring Judge: Chancellor W. Frank Brown, III
Originating Judge:Allen W. Wallace |
Dickson County | Court of Appeals | 07/24/03 | |
| 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 | |
| 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 | |
| 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 | |
| W2003-00302-COA-R3-CV
W2003-00302-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
|
Court of Appeals | 07/14/03 | ||
| 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 | |
| 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 | |
| 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 | |
| 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 |