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| Geraldine Miles vs. John Walsh
W2002-00234-COA-R3-CV
This appeal arises from a medical malpractice action. Sitting without a jury, the trial court found plaintiffs had failed to prove defendants' conduct fell below the standard of care. The trial court accordingly entered judgment for defendants. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 02/19/03 | |
| CH-01-1559-3
CH-01-1559-3
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 02/19/03 | |
| In Matter of D.A.H.
W2002-00733-COA-R3-JV
This is a termination of parental rights case. The father appeals from the order of the juvenile court terminating parental rights to his child. Specifically, the father asserts that the grounds for termination cited by the trial court are no longer applicable based on the Supreme Court's recent holding in Jones v. Garrett, 92 S.W.3d 385 (Tenn. 2002). Because we find a distinction between the instant case and Jones v. Garrett, we affirm the order of the trial court.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Harold W. Horne |
Shelby County | Court of Appeals | 02/18/03 | |
| Bellsouth BSE v. Tennessee Reg. Authority
M2000-00868-COA-R12-CV
BellSouth BSE, Inc. appeals from an order of the Tennessee Regulatory Authority denying BSE's application for certification as a competing local exchange company in those areas where BSE's affiliate, BellSouth Telecommunications, is the incumbent provider of local services. Because the TRA denied the petition on the basis that such certification may be inconsistent with the goal of fostering competition and could be potentially adverse to competition, as opposed to establishing conditions or requirements designed to ensure that anticompetitive practices did not occur, we vacate the order as beyond the agency's statutory authority.
Authoring Judge: Presiding Judge Patricia J. Cottrell
|
Court of Appeals | 02/18/03 | ||
| Jennifer Norman v. Steven Norman
M2001-01281-COA-R3-CV
This appeal is the culmination of a lengthy and bitter child support battle. When the parties were divorced in 1994 by the Law Court for Washington County, the wife was awarded custody of their child, and the husband was required to pay child support. The court also approved the parties' marital dissolution agreement that, among other things, provided for annual child support adjustments and obligated the husband to provide the wife with a copy of his annual federal income tax return. The case was transferred to the Circuit Court for Davidson County after the wife and child moved to Nashville. In November 1999, the mother requested the trial court to increase child support and to hold the husband in contempt for failing to provide her copies of his tax returns. Following a bench trial, the trial court not only increased the child support prospectively but also awarded the wife $19,026 in retroactive child support back to 1996. The husband asserts on this appeal that the trial court erred by awarding retroactive child support. We have determined that the trial court did not err by awarding child support back to 1996 because the wife had filed a motion to modify child support in 1996 that had never been acted upon. Accordingly, we affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 02/18/03 | |
| In Matter of D.A.H.
W2002-00733-COA-R3-JV
This is a termination of parental rights case. The father appeals from the order of the juvenile court terminating parental rights to his child. Specifically, the father asserts that the grounds for termination cited by the trial court are no longer applicable based on the Supreme Court's recent holding in Jones v. Garrett, 92 S.W.3d 385 (Tenn. 2002). Because we find a distinction between the instant case and Jones v. Garrett, we affirm the order of the trial court.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Harold W. Horne |
Shelby County | Court of Appeals | 02/18/03 | |
| This Case Arises Out of The Same Set of Facts As Carroll v. Whitney, 29 S.W.3D 14 (Tenn.
W2002-02105-COA-R3-CV
Authoring Judge: Judge David R. Farmer
|
Court of Appeals | 02/18/03 | ||
| City of Oakland, Tennessee v. Lenita Mccraw,
W2002-01552-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:William H. Inman |
Fayette County | Court of Appeals | 02/18/03 | |
| W2002-02322-COA-R3-CV
W2002-02322-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Martha B. Brasfield |
Lauderdale County | Court of Appeals | 02/18/03 | |
| Frank Fly v. Simple Pleasures
M2002-01385-COA-R3-CV
Landlord appeals an Order granting summary judgment to Tenant on the effect of a holdover tenancy after the expiration of the term of the lease. We affirm the judgment of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:J. S. Daniel |
Rutherford County | Court of Appeals | 02/18/03 | |
| Russell Gregory III vs. Mary Gregory
W2002-01049-COA-R3-CV
This appeal arises from a divorce and custody proceeding. The trial court found it to be in the best interest of the child that the father be granted primary custody of the parties' minor daughter. The primary issue on appeal is whether the trial court erred in applying the best interest analysis. For the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 02/18/03 | |
| Joe R. Hales v. Shelby County, Tennessee
W2002-01539-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 02/18/03 | |
| Richard Humphrey v. Jeanetta Gammage
M2002-00507-COA-R3-CV
This appeal arose after the trial court granted summary judgment for Jeanetta Gammage and Deborah Gammage against Richard Humphrey in his petition to establish paternity of Karenda Raines. Because the petitioner could not establish any issues of material facts as grounds to proceed with his petition, we affirm the judgment of the trial court.
Authoring Judge: Judge L. Craig Johnson
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/14/03 | |
| Vicki B. Carlton v. Sharon L. Davis
M2002-01089-COA-R3-CV
The trial court granted summary judgment to Appellee based upon expiration of the applicable statute of limitations. Appellant asserts that Tennessee Code Annotated section 56-7-1201(g) tolls the statute of limitations, or that, in the alternative, Appellee is equitably estopped from relying upon the statute of limitations. We affirm the action of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 02/14/03 | |
| Christopher N. Robinson v. William Fulliton
W2001-01753-COA-R3-CV
This is a wiretapping case. A husband and a wife were experiencing marital difficulties. During that time, the husband tape recorded a telephone conversation between his wife and her brother without the knowledge of either. When the brother found out, he filed a lawsuit against the husband, his brother-in-law, seeking damages under the civil damages provision of the Tennessee wiretapping statutes, Tenn. Code Ann. § 39-13-603. The trial court, sitting without a jury, held that the husband was liable to his brother-in-law, and awarded nominal compensatory damages, litigation expenses, and attorney’s fees. The husband and the brother-in-law both appeal that decision, arguing that the damage award was erroneous. We reverse the trial court’s award of damages, finding that the statute requires that, when a violation is established, the trial court must award either the actual damages or the statutory minimum penalty of $10,000, whichever is greater.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge D. J. Alissandratos |
Shelby County | Court of Appeals | 02/14/03 | |
| Ronnie Brown v. State
M2002-01361-COA-R3-CV
Claimants appeal the action of the Tennessee Claims Commission in dismissing their claims based upon the expiration of the statute of limitations. We affirm the action of the Claims Commission.
Authoring Judge: Judge William B. Cain
|
Davidson County | Court of Appeals | 02/14/03 | |
| M2002-00560-COA-R3-CV
M2002-00560-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 02/14/03 | |
| Squeeky Clean v. David Harvey
M2002-00538-COA-R3-CV
This appeal arose after the trial court dismissed Squeeky Clean Laundries, Inc.'s action against David E. Harvey, et al. for failure to prosecute. Because there was no proof of a willful violation of a court order, we find that the trial court abused its discretion. We reverse the trial court's decision and remand.
Authoring Judge: Judge L. Craig Johnson
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 02/14/03 | |
| Myron Gentry, et al v. Hospital Housekeeping Systems of Houston, Inc.
M2002-01513-COA-R3-CV
This appeal arose after the trial court granted summary judgment for Hospital Housekeeping Systems of Houston, Inc. on a suit brought by an employee of Centennial Medical Center who slipped and fell after stepping on wet carpet. Because a material factual dispute exists, we reverse the trial court's decision and remand.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 02/14/03 | |
| Stephen Morgan v. Paula Morgan
M2002-00793-COA-R3-CV
Husband and Wife were declared divorced on the basis of stipulated grounds. Wife appeals the classification and division of the property. We affirm the decision of the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Carol A. Catalano |
Robertson County | Court of Appeals | 02/13/03 | |
| Anne Strickland vs. Daniel Cartwright
E2002-02176-COA-R3-CV
Anne Strickland ("Plaintiff") approached Daniel Cartwright ("Defendant") about the possible purchase of Defendant's restaurant. Unable to come up with the full purchase price of $1.5 million, Plaintiff made an initial payment of $170,000 and began leasing the restaurant with monthly rental payments of $7,000. No written agreement ever was finalized between the parties. Plaintiff vacated the premises after six months allegedly due to the poor condition of the building and the amount of repairs that were needed. Plaintiff filed suit seeking a return of the $170,000, claiming this money was intended by the parties to be a down payment on the purchase of the restaurant, an event which never occurred. Defendant claimed the parties had agreed to a nonrefundable initial payment of $250,000 to allow Plaintiff the privilege of being able to walk in and take over a fully staffed and operational restaurant. Since Plaintiff paid only $170,000 toward the initial $250,000 payment, Defendant filed a counterclaim for the remaining $80,000. After a trial, the Trial Court awarded Plaintiff a judgment in the amount of $138,000. Both parties appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Telford E. Forgerty, Jr. |
Blount County | Court of Appeals | 02/13/03 | |
| Shamery Blair vs. West Town Mall
E2002-02005-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 02/13/03 | |
| Messer Griesheim dba MG Industries vs. Cryotech
E2002-01728-COA-R3-CV
This appeal from the Knox County Circuit Court questions whether the Trial Court erred in granting a summary judgment in favor of the Appellee/Defendant, Eastman Chemical Company, with respect to various claims connected with the purchase and sale of contaminated carbon dioxide by the Appellant/Plaintiff, Messer Griesheim Industries, Inc., d/b/a MG Industries. We affirm in part, vacate in part and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 02/13/03 | |
| Shamery Blair vs. West Town Mall
E2002-02005-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 02/13/03 | |
| Messer Griesheim dba MG Industries vs. Cryotech
E2002-01728-COA-R3-CV
This appeal from the Knox County Circuit Court questions whether the Trial Court erred in granting a summary judgment in favor of the Appellee/Defendant, Eastman Chemical Company, with respect to various claims connected with the purchase and sale of contaminated carbon dioxide by the Appellant/Plaintiff, Messer Griesheim Industries, Inc., d/b/a MG Industries. We affirm in part, vacate in part and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 02/13/03 |