Please enter some keywords to search.
| Western Express v. Benchmark Electronics
M2001-03151-COA-R3-CV
Western Express, Inc. sued Benchmark Electronics Huntsville, Inc. for detention charges after Western's trailers were unreasonably detained at Benchmark's plant in Pulaski. The Chancery Court of Davidson County granted summary judgment to Benchmark, and Western asserts on appeal that the court erred in finding that the undisputed facts show that Western cannot prevail on its claims. We reverse the judgment of the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 01/23/03 | |
| James Jordan Jr. vs. Kelly Jordan
W2002-00854-COA-R3-CV
This case involves the enrollment of a foreign divorce decree, enforcement of the child support obligation therein, and the modification of the visitation privileges set out in the decree. The trial court enrolled the foreign decree, entered judgment for arrearages and child support, and amended the enrolled judgment as to the visitation privileges for Father. Father appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Rita L. Stotts |
Shelby County | Court of Appeals | 01/23/03 | |
| Jet Printing v. Deep South Wholesale Paper
M2001-02582-COA-R3-CV
This is a breach of contract case. A bag manufacturer ordered printed polyethylene film from a printing company, to be made into bags to sell to chicken packaging companies. The film was treated on both sides. Consequently, the bag manufacturer was unable to properly seal the bags. Later shipments of film that were not treated on both sides sealed properly. The bag manufacturer refused to pay for the initial shipment of film that would not seal, so the seller printing company sued for breach of contract. The trial court found for the bag manufacturer, holding that the seller breached both an implied term of the contract and an implied warranty of fitness for a particular purpose. On appeal, the seller printing company argues that the trial court erred in finding that the film did not conform to the contract and that the seller breached the implied warranty of fitness for a particular purpose, and that the trial court erred in excluding the testimony of the seller's proffered expert. We affirm, finding that the trial court did not err in finding that the seller breached an implied warranty for a particular purpose, nor in excluding the testimony of the seller's expert witness.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 01/23/03 | |
| Eddie M. Gurley And Janet R. Gurley v. Hickory Withe
W2002-02050-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Dewey C. Whitenton |
Fayette County | Court of Appeals | 01/23/03 | |
| Michael Higgins vs. Sheriff A.C.Gilles Jr.
W2001-02829-COA-R3-CV
Petitioner, off-duty deputy sheriff, was arrested during bust of known drug house for possession of drug paraphernalia. Upon deputy sheriff's arrest, Internal Affairs twice ordered petitioner to submit to drug test. At time of requests, petitioner did not have assistance of counsel; however, two Sheriff's Association representatives were present and available for consultation. Petitioner refused both orders, but on third day following arrest, after consulting with an attorney, voluntarily requested drug test. Department refused request, and subsequently charged petitioner with insubordination, possession and use of illegal drugs, and conduct unbecoming an officer. After hearing before the Deputy Chief, petitioner was terminated. Civil Service Merit Board upheld termination, and petitioner filed common law writ of certiorari with chancery court. Chancery court affirmed the Civil Service Merit Board. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 01/23/03 | |
| Trumbo Inc. vs. Witco Corp.
W2002-01186-COA-R3-CV
This case involves the loss of evidence. A metal fabrication company modified a fat melting tank for another company. Later, an employee of the melting tank company was severely injured by hot melted fat while working with the modified tank. Following the accident, as part of an investigation, the employer removed the two temperature gauges attached to the tank. The employer paid workers' compensation benefits to the employee. The employee then sued the fabrication company that modified the tank. The employer intervened to assert its statutory lien under the workers' compensation laws, so that it could recover any monies paid to the employee by the fabrication company. Five years after the accident, the fabrication company sought production of the temperature gauges from the employer, as part of its defense in the lawsuit filed against it by the employee. The employer was unable to locate the gauges. The fabrication company settled the lawsuit filed by the injured employee, and filed a claim against the employer for spoliation of evidence and negligence. The fabrication company argued that it was forced to settle the underlying lawsuit with the employee, in part because of the missing gauges. The trial court granted a motion for summary judgment in favor of the employer, finding that the employer did not have a duty to preserve the evidence and that the fabrication company had not established causation. The fabrication company appeals. We affirm, finding that regardless of whether the employer had a duty to preserve the temperature gauges, the fabrication company had not proffered evidence that the gauge would have materially assisted it in defending the lawsuit filed by the employee, and thus was unable to establish causation.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 01/22/03 | |
| In matter of: S.Y., J.Y., and D.Y.
W2002-00593-COA-R3-JV
Department of Children's Services filed petition to terminate parental rights of mother of dependent and neglected minor children. Department's termination petition was based on allegations of abandonment, mother's failure to substantially comply with a permanency plan, and the removal of the children for at least six months with little likelihood that the condition causing removal will be remedied. Juvenile Court granted petition terminating mother's parental rights. Mother appeals, asserting that juvenile court violated her due process rights by failing to appoint an attorney for the dependent and neglect proceeding, and erred in concluding that clear and convincing evidence exists to support findings that warrant termination of parental rights. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George E. Blancett |
Shelby County | Court of Appeals | 01/22/03 | |
| A.I.J.J. Inc. vs. Norman Weizer
W2002-00975-COA-R3-CV
This dispute regards a contractual obligation of an employee to repay recruitment costs incurred by his employer should he leave his position within a two year period. The trial court applied Florida law to the dispute and awarded judgment to the employer. We hold the contract is governed by New York law. We further find the provision was not applicable where the employee was terminated and reverse the judgment.
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 01/22/03 | |
| Promus Hotels vs. Martin, Cole, Dando, Robertson
W2002-01028-COA-R3-CV
Shelby County -This is an appeal from an Order denying Appellant's Motion to Compel Arbitration. Appellant filed a third-party claim against its subcontractor, Appellee, for indemnity. The Subcontract between the parties contained an agreement to arbitrate. Appellant contends that the agreement binds Appellee to arbitrate the matter. Appellee contends that it is not bound to arbitrate due to an exception in the Subcontract. We affirm and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 01/22/03 | |
| Byrd Earthman vs. Becky McRae
W2002-00564-COA-R3-CV
This is a child support case involving the allocation of private school tuition. In the parties' divorce, the father was granted sole custody of their three minor children. At the time of the divorce, the mother worked part time and, upon agreement of the parties, did not pay child support. The mother began working full time and so began paying child support. The father earns substantially more income than the mother. The father decided to send the parties' oldest child to boarding school. The mother objected to assisting in paying for the child's tuition. The trial court determined that the mother should pay a portion of the tuition in addition to child support. The mother appeals. The mother argues that the trial court erroneously considered her new spouse's income, and erred in requiring her to pay a portion of the tuition in addition to child support. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:J. Steven Stafford |
Dyer County | Court of Appeals | 01/21/03 | |
| Dale/Mary Bruno vs. Harold/Michelle Rounds
W2002-00130-COA-R3-CV
This appeal arises from a dispute regarding a restrictive covenant in a residential community. The trial court held that the building at issue was not a barn or a storage building and thus was not in violation of the restrictive covenant. The parties raise multiple issues on appeal. For the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Dewey C. Whitenton |
Fayette County | Court of Appeals | 01/21/03 | |
| Christopher Powell vs. Patsy Powell
W2002-00421-COA-R3-CV
This case involves the proper valuation and division of marital property, the propriety of the award of sanctions and attorney's and expert witness' fees. We affirm the trial court's valuation and division of the marital property. We reverse the award of fees and the imposition of sanctions as the sanction imposed exceeded the authority of the trial court. We remand the case for further proceedings to include consideration of the imposition of a sanction within the court's authority.
Authoring Judge: Judge David R. Farmer
Originating Judge:George R. Ellis |
Haywood County | Court of Appeals | 01/21/03 | |
| Susan Whitehurst vs. Martin Medical
W2001-03034-COA-R3-CV
This is a defamation case. The plaintiff is an obstetrician/gynecologist who practices in a largely rural area. The individual defendants are pharmacists who work at Wal-Mart stores in that area. In October 1997, one of the pharmacists received a phone call from her sister, another physician in the area. The sister told the pharmacist that the plaintiff obstetrician/gynecologist had contracted the HIV virus and was sending letters to her patients to inform them of that fact. The pharmacist, a former patient of the plaintiff, repeated the information to her co-workers. Several Wal-Mart employees, including the defendants, repeated the information about the plaintiff to others. The information was false. When the plaintiff learned of the spread of the false rumors, she sued the defendants for defamation. After a lengthy trial, the jury found in favor of the defendants. The plaintiff now appeals, asserting, inter alia, that the trial court erred in admitting evidence that was irrelevant or otherwise improper, and in approving the jury verdict. We affirm, finding that the trial court did not err in the admission of evidence, and that material evidence supports the jury's verdict.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:William B. Acree |
Weakley County | Court of Appeals | 01/21/03 | |
| Pravin Patel vs. Douglas Bayliff
W2002-00238-COA-R3-CV
This is an appeal from a grant of summary judgment. The underlying case concerned the sale of a home to the Appellants that, subsequent to the closing, evidenced termite damage. Appellant buyers claim that the Appellee sellers are responsible for this damage under various theories of recovery, all of which were dismissed by the trial court. Appellants further assert that the Appellee termite company is responsible for the damages because they failed to disclose on the termite inspection report that the home had been repeatedly treated for termites by that same company. We affirm in part, reverse in part, and remand.
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 01/21/03 | |
| Larry Kerr vs. Anderson County
E2002-00020-COA-R3-CV
The Trial Judge held plaintiff's employment Contract was valid and enforceable. On appeal, we reverse on the grounds the provisions in the Contract are against public policy.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 01/21/03 | |
| Donald Disher Jr. vs. Karol Disher
W2002-01421-COA-R3-CV
This appeal arises from a divorce proceeding. The chancery court granted the parties a divorce and awarded Wife rehabilitative alimony in the amount of two thousand dollars ($2,000.00) per month for a period of two (2) years followed by three thousand dollars ($3,000.00) per month for a period of six (6) years. The court awarded Wife one hundred percent (100%) of the marital residence and ordered that the marital property be divided sixty/forty (60/40), with Wife receiving sixty percent (60%) and Husband receiving forty percent (40%). In addition, the court awarded Wife $150,000 on her interspousal tort claim. The court also awarded Wife the full amount of her attorney fees and other expenses. The parties raise multiple issues on appeal. For the following reasons, we reverse in part, vacate in part and remand.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joe C. Morris |
Henderson County | Court of Appeals | 01/21/03 | |
| W2002-03027-COA-R7-CV
W2002-03027-COA-R7-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Arnold B. Goldin |
Shelby County | Court of Appeals | 01/17/03 | |
| Monica Goldberg v. Russell Goldberg
M2001-01442-COA-R3-CV
This is a divorce case involving alimony and property division. The parties have five children; the oldest is severely handicapped and the three youngest are minors. The husband is a hospital consultant. The wife works part-time as a nurse and owns a small business. In addition to child support, the trial court ordered the husband to pay substantial alimony in futuro, and assume approximately ninety-eight percent of the marital debt. The husband was also ordered to maintain a considerable amount of life insurance to secure his spousal and child support obligations. On appeal, the husband argues that the award of alimony is excessive, that rehabilitative alimony instead of alimony in futuro should have been awarded, that the trial court improperly divided the marital debt, and that the amount of life insurance required was excessive. We affirm in part and reverse in part. We affirm the trial court's holding with regard to the division of marital debt and the amount of life insurance, and modify the award of alimony, awarding rehabilitative alimony in a reduced amount.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 01/16/03 | |
| E2002-0445-COA-R3-CV
E2002-0445-COA-R3-CV
Originating Judge:William H. Inman |
Sullivan County | Court of Appeals | 01/16/03 | |
| Timothy Gaither v. Jessie Bush & Angela White v. Timothy Gaither
M2001-01952-COA-R3-CV
This is a case involving the division of wrongful death proceeds between the divorced parents of the deceased. The deceased was eighteen, healthy, and about to enter the military. The plaintiff mother asked for an equal division of the proceeds of a wrongful death settlement entered by the father. Also included in the settlement was the father's action, individually, for his emotional trauma suffered while witnessing his son's death. A jury was asked to divide the settlement proceeds between the parties. The jury found that all of the damages for the pecuniary value of the son's life were attributable to the mother and father, and none were attributable to the son. For the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:J. B. Cox |
Coffee County | Court of Appeals | 01/16/03 | |
| Thomas Monroe v. Catherine Robinson
M2001-02218-COA-R3-CV
This appeal arises from the granting of a petition to object to removal of a minor child. The trial court granted the father's petition and prevented the mother from relocating out of state with the minor child, finding that the parties spent substantially equal time with the child and that the move was not in the child's best interest. The parties raise multiple issues on appeal. For the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 01/16/03 | |
| Dorothy Krueser v. Barry Smith
M2001-03135-COA-R3-CV
This is a child support case. The trial court increased Mr. Smith's child support from $3,500.00 per month to $10,000.00 per month based on his substantial increase in income. For the following reasons, we modify this decision of the trial court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 01/16/03 | |
| W2001-01637-COA-R3-CV
W2001-01637-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:George R. Ellis |
Crockett County | Court of Appeals | 01/16/03 | |
| Tawnya Lynn Duke v. Robert S. Duke
M2001-00080-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 01/14/03 | |
| Michael Hayes v. Computer Sciences
M2001-01611-COA-R3-CV
Michael Hayes sued Aerospace Contractor Support (ACS) for retaliatory discharge. He alleged that he was fired because he had filed a workers' compensation claim against a previous employer. The trial court granted summary judgment to ACS stating that the current law in Tennessee did not allow such a cause of action. We reverse the judgment of the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:L. Craig Johnson |
Coffee County | Court of Appeals | 01/14/03 |