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| 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 | |
| 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 | |
| Carlton Flatt v. Tennessee Secondary Schools Athletic Associatin, et al.
M2001-01817-COA-R3-CV
A high-profile high school football coach and athletic director filed a defamation and false light invasion of privacy claim against the athletic association his school belonged to and other defendants. The Circuit Court of Davidson County granted summary judgment to the defendants because it found no evidence from which a jury could infer malice. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Walter C. Kurtz |
Davidson County | Court of Appeals | 01/09/03 | |
| Sarah Massie Johnson (Neeley) v. Keith Robert Johnson
M2002-00354-COA-R3-CV
The trial court granted the father's petition to suspend the mother's impending visitation with the parties' 13-year-old daughter. The mother then moved the trial judge to recuse herself from any further involvement in proceedings relating to custody of the child or to visitation. She claimed that an ex parte communication between the father's attorney and the judge prior to the hearing on the father's petition created the appearance of partiality or bias. The judge denied the mother's motion to recuse. We affirm.
Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Judge Marietta M. Shipley |
Davidson County | Court of Appeals | 01/09/03 | |
| Laura C. Totty, et al., v. John Thompson, M.D., et al.
M2001-02539-COA-R3-CV
In this medical malpractice case, Plaintiff appeals summary judgment based upon the failure of Plaintiff's medical expert to establish the requisite familiarity with the standard of care in the community in which Defendant practices or in a similar community. We affirm the action of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Judge R.E. Lee Davies |
Williamson County | Court of Appeals | 01/09/03 | |
| Teresa Lynn (Mackie) Scales v. Kenneth Allan Mackie
M2001-03161-COA-R3-CV
This appeal arises from the denial of a petition to modify visitation with a minor child. The trial court denied the father's petition, finding that the father failed to show that as a result of a material change in circumstance, his daughter had been harmed or was at risk of substantial harm due to the existing visitation arrangement. The primary issue on appeal is whether the trial court applied the correct legal standard in dismissing the father's petition. For the following reasons, we reverse and remand.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Chancellor Carol A. Catalano |
Robertson County | Court of Appeals | 01/07/03 | |
| Loren Borders v. Lucian Borders, et al.
M2001-03146-COA-R3-CV
Trial court held that doctrine of collateral estoppel barred Appellant's civil suit against Appellee for damages stemming from an alleged assault where Appellant had previously been convicted of assaulting Appellee during the incident in question. We reverse and remand.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Jane Wheatcraft |
Sumner County | Court of Appeals | 01/07/03 | |
| Sherita L. Donaldson v. Lana Beavers, M.D.
M2002-00197-COA-R9-CV
Patient filed medical malpractice action against physician alleging negligence in performance of operation procedure and negligence in physician's post-operative care. Jury returned verdict for physician on the issue of negligent post-operative care but deadlocked on the issue of negligence in performance of surgery. Trial court declared a mistrial and entered an order denying physician's motion for entry of final judgment on the issue of post-operative care and ordering a new trial on all of patient's claims. Physician was granted interlocutory appeal. The only issue for review is whether, under the circumstances of this case, a new trial should be confined only to the issues of the physician's negligence in performing the surgery. We affirm and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Judge Franklin Lee Russell |
Bedford County | Court of Appeals | 01/07/03 | |
| In the Matter of: Tony W. Hedge
M2002-01218-COA-R3-CV
This appeal arises from a contempt proceeding against Attorney Andrew J. Shookhoff. The juvenile court held Mr. Shookhoff in contempt for his failure to appear at a review hearing involving his minor client. This appeal ensued. For the following reasons, we reverse.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge A. Andrew Jackson |
Dickson County | Court of Appeals | 01/07/03 | |
| M2001-02505-COA-R3-CV-
M2001-02505-COA-R3-CV-
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 12/31/02 | |
| In Re: The Estate of Harley Price
M2002-00332-COA-R3-CV
This case involves an appeal by Mrs. Cynthia A. Price, widow of Harley Timothy Price, who appeals the trial court's determination that Mr. Price was domiciled in Marion County, Tennessee thereby providing a jurisdictional basis for the probate of his will. In responding to this appeal, the estate of Harley Timothy Price appeals the trial court's determination that Mrs. Cynthia A. Price has standing to contest the jurisdiction of the Court. The trial court found that Mrs. Price had standing to contest jurisdiction. It also found that Mr. Price was domiciled in the State of Tennessee and, therefore, the letters testamentary were issued. For the reasons stated in this opinion, we affirm the trial court's decision as to both issues.
Authoring Judge: Judge J. S. Steve Daniel
Originating Judge:Jeffrey F. Stewart |
Marion County | Court of Appeals | 12/31/02 | |
| Lisa Wade v. William Wade
M2002-00555-COA-R3-CV
This appeal arises from a change in child support, increasing the Appellant's monthly support obligation and awarding Appellee one half of all un-reimbursed medical and dental expenses while Appellant is in the military. Concerning child support, we affirm in part, with modification, and reverse and remand in part. Concerning un-reimbursed medical and dental expenses, we affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 12/31/02 | |
| Betty Brown v. Melvin Brown
M2002-00728-COA-R3-CV
The trial court granted the wife a divorce after a marriage of twenty-five years, and ordered the husband to pay her $300 per month as alimony in futuro. Eight years later, the husband filed a Petition to Modify the Final Decree and eliminate the alimony obligation, citing a significant increase in the wife's earnings. The trial court denied the petition. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 12/31/02 | |
| Dept. of Children Serv. vs. Sarah Owens
W2002-00905-COA-R3-CV
Petitioners filed a petition to intervene and for temporary custody in a dependent and neglect proceeding filed against the adoptive parents of the subject child. Pursuant to a later filed petition to terminate the parental rights of the adoptive parents, the juvenile court entered an order terminating the parental rights. The court then ruled that the petition to intervene and temporary custody was moot on the basis that juvenile court lacked jurisdiction over the dispute because of the previous order terminating the parental rights of the child's adoptive parents and granting guardianship of the child to the state. The petitioners appealed to the circuit court for a trial de novo, and the circuit court subsequently dismissed the appeal for lack of jurisdiction. Petitioners appeal. We affirm the circuit court's finding that it lacked jurisdiction to hear the appeal but amend the order of the trial court to transfer the case to the Court of Appeals rather than dismissal.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Clayburn L. Peeples |
Haywood County | Court of Appeals | 12/31/02 | |
| Christina Cliburn v. Paul David Bergeron
M2002-01386-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:J. Steve Daniel |
Rutherford County | Court of Appeals | 12/31/02 | |
| Steven Griffin v. William Roberts
M2002-01898-COA-R3-CV
An inmate in the custody of the Department of Correction filed a legal malpractice suit against the court-appointed attorney who represented him in his post-conviction appeal. Despite many attempts, the inmate failed to obtain service on the attorney. More than three years after suit was filed, the court dismissed the case for lack of prosecution. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 12/31/02 | |
| Basil Marceaux v. Governor Don Sundquist
M2002-01356-COA-R3-CV
Appellant filed a complaint in the Davidson County Chancery Court naming Governor Don Sundquist, all members of the United States Congress representing Tennessee, all members of the state legislature, all Tennessee District Attorneys General, all Tennessee Sheriff's Departments, and others as defendants. The complaint alleged the numerous defendants were guilty of "kidnapping, extortion, and racketeering" through the application of laws calling for mandatory car insurance, and the practice of routine traffic stops. The trial court dismissed the complaint finding, inter alia, that Appellant failed to state a claim upon which relief can be granted. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 12/31/02 | |
| Paul Peak v. Travelers Indemnity
M2001-03047-COA-R3-CV
The named insureds in an automobile liability insurance policy providing $300,000 per accident liability insurance appeal a trial court grant of summary judgment that they had effectively reduced their uninsured motorist limits per accident to $60,000. We affirm the judgment of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 12/31/02 | |
| Audrey Owen v. William Martin
M2001-02940-COA-R3-CV
This case was previously remanded by this Court for a determination of monthly payments due to Appellee from a resulting trust. Appellant appeals from an Order entered by the Chancery Court upon remand. The Order set the amount of the monthly payments but set no end date for those payments. We hold (1) that the corpus of the resulting trust is the equity Appellee possessed in the Property and is, therefore, a finite amount, (2) that the corpus should be reduced by rental amounts owed to Appellant by Appellee, and (3) that the remainder of the corpus may be paid as provided by the trial court.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 12/31/02 | |
| River Links at Deer Creek v. Joseph Melz
M2002-00043-COA-R3-CV
The developer of a golf course brought a fraud complaint against the property owner who furnished the land for the course, and against the companies he controlled. The defendants argued that the plaintiff's remedies were limited by the arbitration clauses in two of the three contracts that defined the relationship between them. The trial court ruled that the arbitration clauses were not applicable to the plaintiff's claims. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:R.E. Lee Davies |
Williamson County | Court of Appeals | 12/31/02 | |
| Consumers Insurance vs. Virgie Smith
E2002-00724-COA-R3-CV
Consumer Insurance USA ("the insurance company") brought a declaratory judgment action against one of its policyholders, Virgie Smith ("the policyholder"), age 80 at the time of trial, and others, seeking a declaration regarding its liability under an automobile insurance policy ("the policy") issued by it to Ms. Smith. The suit was prompted by a two-vehicle accident involving an automobile being driven by the policyholder's great-grandson, Thomas G. Tuten ("the great-grandson"), in which Tuten and another were killed and two other individuals in his vehicle were injured. The trial court held that the vehicle being driven by the great-grandson, a 1989 Chevrolet Camaro ("the Camaro"), was a "newly acquired auto" under the terms of the policy, was reported to the insurance company within 14 days of its purchase, and was, consequently, a covered vehicle under the policy as of the date of its purchase, i.e., June 29, 1999, some 12 days before the accident on July 10, 1999. Because we hold that the evidence preponderates that the policyholder made material misrepresentations to the insurance company that void the policy, we reverse the judgment of the trial court.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:G. Richard Johnson |
Washington County | Court of Appeals | 12/23/02 | |
| Barbara Cox vs. Jim Stafford
E2002-01490-COA-R3-CV
Barbara Gail Cox ("Plaintiff") purchased a camper from Jim Stafford ("Defendant") in 1997. The title to the camper never was transferred to Plaintiff's name, and, apparently, still remains in Defendant's name. Plaintiff sued Defendant in General Sessions Court and obtained a judgment against Defendant for $10,800. Defendant appealed to Circuit Court. The case proceeded to trial in June of 2001. After a jury was selected and some testimony given, Defendant moved for a continuance because a witness had not been served with a subpoena. The Trial Court granted the continuance conditioned upon Defendant's paying court costs on or before August 31, 2001. Defendant never paid these costs. In October of 2001, the Trial Court dismissed the lawsuit and reinstated the General Sessions Court verdict. Defendant filed a motion to alter or amend the judgment, or for a new trial, under Tenn. R. Civ. P. 59, which the Trial Court denied. Defendant appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 12/23/02 |