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| Clemmye Mullenix Berger v. Brenda O'Brien,
W2002-00227-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/15/03 | |
| Rose Marie Harper Britt v. Elmer Lee Britt
W2003-00430-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 10/15/03 | |
| W2002-02353-COA-R3-CV
W2002-02353-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 10/15/03 | |
| Patricia Lyman v. Lawrence James
E2002-02859-COA-R3-CV
After over thirty years of marriage, Patricia A. Lyman ("Wife") left Lawrence A. James ("Husband") and moved to the state of Washington and began living with her new boyfriend. After Husband learned of Wife's affair, the parties agreed to a divorce based on irreconcilable differences and entered into a marital dissolution agreement ("MDA"). Both parties signed the MDA before a Notary Public, but neither party was administered an oath prior to his or her signing. The MDA provided that Husband would receive the entire amount of his pension. Over six months after the parties were granted a divorce, Wife filed a new lawsuit claiming she gave up any claim to Husband's pension because of Husband's fraud and/or misrepresentations. Wife also claimed the court which granted the divorce lacked personal jurisdiction to enter the final divorce decree because neither Husband nor Wife were administered oaths prior to signing the MDA, which Wife claimed resulted in the MDA not being properly notarized. The Trial Court concluded the failure of the Notary Publics to administer oaths did not render the MDA invalid. The Trial Court also concluded Wife failed to meet her burden of proving fraud and/or misrepresentations on the part of Husband. Wife appeals, and we affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 10/15/03 | |
| W2003-00334-COA-R3-CV
W2003-00334-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 10/14/03 | |
| Pache Industries vs. Wallace Hardware
E2003-01483-COA-R3-CV
Pache Industries, LLC ("Plaintiff") sued Wallace Hardware Co., Inc. ("Defendant") for unpaid invoices. Defendant was served with the summons and complaint, but did not answer within thirty days. Plaintiff filed a motion for default judgment. After being served with the motion for default judgment, Defendant hired an attorney, filed an answer to the complaint, and filed responses to discovery requests. The Trial Court granted Plaintiff a default judgment. Defendant filed a motion to set aside the default judgment. The Trial Court denied the motion. Defendant appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Kindall T. Lawson |
Hamblen County | Court of Appeals | 10/14/03 | |
| W2003-00001-COA-R3-CV
W2003-00001-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Daniel L. Smith |
Hardin County | Court of Appeals | 10/14/03 | |
| Nancy Gail (Paulk) Doran v. Oather Paul Doran
W2003-00170-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Steve Beal |
Hardin County | Court of Appeals | 10/14/03 | |
| Brian & Candy Chadwick v. Chad Spence
W2003-00931-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 10/14/03 | |
| Russell A. Siegfried v. The Grand Krewe of Sphinx,
CH-00-0307-3
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/14/03 | |
| Eddie Belcher vs. State
E2003-00642-COA-R3-CV
This claim against the State of Tennessee arises out of a two-vehicle accident. Eddie W. Belcher was driving to church with his wife, Sara O. Belcher, when their vehicle struck the rear of a vehicle driven by Eric Wilson . The Belchers, who sustained severe injuries as a result of this accident, filed a claim against the State, alleging that a dangerous condition existed on the portion of the interstate where the accident occurred and that the section of the interstate was negligently designed and maintained. The Claims Commission determined that the State was negligent in its design of that stretch of interstate, but held that its negligence was not the proximate cause of the Belchers' injuries. The Belchers appeal, arguing that the Claims Commission erred in the second of these two determinations. By way of a separate issue, the State contends that the Belchers' claim is barred by the four-year statute of repose. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Robert A. Fellman |
Court of Appeals | 10/14/03 | ||
| Rena Thompson vs. Charles Hensley
E2003-00456-COA-R3-CV
Rena Thompson ("Plaintiff") filed this lawsuit claiming her grandson, Charles Hensley, and his wife, Karen Hensley (collectively "Defendants"), breached an oral contract. Specifically, Plaintiff claims she conveyed her house and real property to Defendants in exchange for their oral promise to take care of her and allow her to remain living in the house with them. Plaintiff suffered a stroke and went to live with her son, Perrian Hensley ("Plaintiff's son" or "her son"). After living with her son for approximately one year, Plaintiff wanted to return to her house. When she was not allowed to return to her house, Plaintiff sued Defendants for specific performance. The Trial Court found there was no contract. Plaintiff appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Jerri S. Bryant |
Monroe County | Court of Appeals | 10/14/03 | |
| W2003-00640-COA-R3-CV
W2003-00640-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Dewey C. Whitenton |
McNairy County | Court of Appeals | 10/10/03 | |
| The Estate of Alonzo Donald Tucker, Deceased v. Lee M.
W2003-00912-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Lee Moore |
Dyer County | Court of Appeals | 10/10/03 | |
| W2003-01783-COA-R3-CV
W2003-01783-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Clayburn L. Peeples |
Haywood County | Court of Appeals | 10/10/03 | |
| Dale Supply Company, v. York International Corp, et al.
M2002-01408-COA-R3-CV
The sole determinative issue on appeal is whether an agreement which mandates arbitration in the event of claims or disputes "arising out of or relating in any way to the relationship of the parties or this Agreement, or the breach thereof," requires arbitration of tort claims including acts arising after the parties' contractual relationship ended. We hold that arbitration of claims of tortious interference with contracts or business relations is required under the terms of the parties' agreement and reverse the judgment of the trial court.
Authoring Judge: Judge Russ Heldman
Originating Judge:Judge Carol L. Soloman |
Davidson County | Court of Appeals | 10/09/03 | |
| Ambrose Associates, v. W. Austin Musselman, Jr.
M2002-02780-COA-R3-CV
Action to collect rent owed by surety was dismissed by the Trial Court. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Chancellor Carol L. McCoy |
Davidson County | Court of Appeals | 10/02/03 | |
| William Jeffrey Tarkington v. Rebecca Juanita Tarkington
M2002-01914-COA-R3-CV
This appeal arises from the Father's post-divorce petition to set child support and to terminate previously ordered alimony in futuro. From an adverse decision of the trial court denying child support and termination of the alimony obligation, Father appeals. We affirm the portions of the trial court's ruling regarding alimony and reverse the award of attorney's fees and denial of support.
Authoring Judge: Judge William B. Cain
Originating Judge:Judge Muriel Robinson |
Davidson County | Court of Appeals | 10/02/03 | |
| Beverly Wilson v. Thomas Wilson
M2002-02286-COA-R3-CV
This appeal arises from an order of the trial court distributing 25% of the increase in value of the husband's business to the wife as marital property. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Steven A. Cassety |
Jackson County | Court of Appeals | 09/30/03 | |
| Jodell Dunkin v. David Dunkin
M2002-01899-COA-R3-CV
This is a post-divorce dispute concerning the custody of Kaylea Jodell Dunkin ("the child") (DOB: July 1, 1994), the child of these litigants. The non-custodial parent, David H. Dunkin ("Father"), filed a petition seeking to enjoin the child's mother, Jodell L. Dunkin ("Mother"), from relocating with the child to Montana. Following a hearing, the trial court found that there was no reasonable purpose for the proposed move and that the relocation would not be in the best interest of the child. The trial court then denied Mother's request to relocate. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 09/30/03 | |
| In Re: Martha Blanks Maxwell
M2002-01654-COA-R3-CV
The niece of an elderly woman who suffered a stroke, followed by memory loss and confusion, petitioned the court to be appointed as her aunt's conservator. The trial court granted the petition as well as the conservator's plan to have her aunt moved to an assisted living environment. There, the woman's condition improved, and the guardian ad litem moved the court to consider whether it was advisable to revoke the conservatorship and allow her to return to her own home. After a hearing, the court terminated the conservatorship. The former conservator appeals, and we affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Appeals | 09/25/03 | |
| Denicia Wills v. Russell Wills
M2002-02167-COA-R3-CV
This case involves an appeal from an order of the trial court modifying the father's child support obligation and denying the father's request for change of custody. We affirm in part, reverse in part, and remand.
Authoring Judge: Judge David R. Farmer
Originating Judge:C. L. Rogers |
Sumner County | Court of Appeals | 09/25/03 | |
| Betty Bryant vs. Roy Bryant
E2002-02201-COA-R3-CV
In this divorce case, the trial court dissolved a marriage of over 36 years; divided the parties' marital property; and denied the request of Betty J. Bryant ("Wife") for attorney's fees. Wife appeals, arguing that the division of marital property is not equitable. Her argument is predicated primarily upon the assertion that her spouse, Roy C. Bryant ("Husband"), dissipated the marital assets as a result of his gambling activities. In addition, Wife contends that the trial court erred in refusing to award her attorney's fees. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John D. Mcafee |
Claiborne County | Court of Appeals | 09/23/03 | |
| Armand Salvatore vs. Baron Corp.
E2002-01978-COA-R3-CV
Following the termination of his employment, Armand M. Salvatore sued two corporations and six limited partnerships, as well as Miles E. Cullom, Jr., who was a stockholder, director, and president of the corporations, and who was also a limited partner in each of the limited partnerships, for salary, fees, and commissions allegedly due him under the terms of a written employment agreement. He also sued the defendant Cullom for statutory treble damages in tort for interference with his employment contract. Following a bench trial, the court below held that Salvatore, at the time of his termination, was employed under a renewed one-year employment contract. Pursuant to this holding, the trial court awarded him the remainder of his base salary for the second year of his employment. Salvatore appeals, contending that the trial court erred when it failed to award him salary for two additional years, fees, commissions, and treble damages. The defendants, on the other hand, claim that Salvatore is not entitled to the salary awarded to him by the trial court. We modify the trial court's judgment to increase Salvatore's award by $20,500. As modified, the judgment is affirmed.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 09/23/03 | |
| John Doe 1 v. Roman Catholic Diocese of Nashville
M2001-01780-COA-R3-CV
This appeal involves claims of intentional infliction of emotional distress through outrageous conduct. John Doe 1, his mother, and John Doe 2 seek to hold the Roman Catholic Diocese of Nashville liable for injuries caused by the alleged outrageous conduct of the Diocese in its dealings with Edward McKeown, a former priest, who sexually molested John Doe 1 and John Doe 2 a number of years after his affiliation with the Diocese ended. The trial court granted the Diocese's summary judgment motion, finding the Does had failed as a matter of law to satisfy the threshold requirements for stating a claim for the tort of outrageous conduct. The plaintiffs appeal that decision. Because we find the summary judgment motion was properly granted, we affirm the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 09/22/03 |