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| L &Amp; L Tile v. Bruce Babb
E2001-02620-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Conrad E. Troutman, Jr. |
Scott County | Court of Appeals | 01/29/03 | |
| K.D.F., et al vs. J.F.
E2002-01117-COA-R3-CV
This is a suit by K. D. F. and her present husband, R. J. F., Jr., seeking to terminate the parental rights of J. F. as to Z.T.J.F (d.o.b. June 8, 1998), preparatory to Mr. F. adopting the child in a future proceeding. Mr. F. appeals a determination by the Trial Court that his parental rights should be terminated, contending that the statutory grounds for such a determination were not met. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas R. Frierson, II |
Greene County | Court of Appeals | 01/29/03 | |
| Louis Brooks v. Lee Creech
M2001-02355-COA-R3-CV
This matter involves a fraudulent transfer of real property and violation of Tennessee's Consumer Protection Act occurring as a result of Plaintiff's attempt to obtain a loan using his real property as collateral. In return for a loan of $4000.00, Plaintiff quit claimed his home as collateral and gave Defendant Creech physical possession of the promissory note in exchange for the loan. Defendant Stigall, who had office space in the same office, was listed as trustee of the property and payee on the promissory note. She then represented herself to First American Bank as owner of the property and wife of Defendant Creech, obtaining a loan for $42,000.00 and offering Plaintiff's property as collateral. The trial court found that Defendants Stigall and Creech were involved in a conspiracy and that they violated the Tennessee Consumer Protection Act and defrauded Plaintiff and First American Bank (now AmSouth Bank). The court reformed the Quitclaim Deed into a Deed of Trust, giving the bank a subrogation in the $4000.00 owed to Defendant Stigall. Only Defendant Stigall appeals. We affirm the trial court's decision in its entirety.
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 01/28/03 | |
| Michael D. Matthews vs. Natasha Story
E2002-00517-COA-R3-CV
This case arises out of an automobile accident in which the plaintiff, Michael D. Matthews, was injured. The plaintiff sued Tammy Y. Morelock ("Morelock"), alleging that Morelock was a passenger in the vehicle the plaintiff was driving and that Morelock's negligence had caused his injuries. When the plaintiff later learned that Natasha Story ("Story") was the passenger in the vehicle and not Morelock, the plaintiff attempted to amend his complaint to add Story as a defendant. The trial court dismissed the plaintiff's claim against Story, holding the statute of limitations barred such an amendment. The trial court also granted Morelock's motion for summary judgment, finding the family purpose doctrine inapplicable. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John K. Wilson |
Hawkins County | Court of Appeals | 01/28/03 | |
| Wendy Layne v. Mark Layne
M2002-00670-COA-R3-CV
The divorced parents of a fourteen-year-old girl asked the trial court to sign an agreed order to enable her to live with her grandmother so she could attend school in Hamilton County. The trial judge refused to sign the order. While the decision to sign or not to sign such an order is within the sound discretion of the trial court, the court in this case erroneously believed that it lacked jurisdiction over the matter because the parties had not shown a change of circumstances since the prior decree. We find that the proof does show a change of circumstances and that the best interests of the child require the entry of the proposed order. Therefore we reverse.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Thomas W. Graham |
Marion County | Court of Appeals | 01/28/03 | |
| Glenda Cooper vs. State
E2002-02415-COA-R3-CV
This is a wrongful death action filed against the State of Tennessee with the Tennessee Claims Commission. The State filed a motion for judgment on the pleadings, asserting that it was not liable for the actions of the Bradley County Sheriff, whose negligence is alleged to be the proximate cause of the death of the plaintiff's intestate. The Claims Commission, relying upon the case of Spurlock v. Sumner County, 42 S.W.3d 75 (Tenn. 2001), held that the sheriff was not a state employee but rather a county officer. It dismissed the claim against the State. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
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Bradley County | Court of Appeals | 01/27/03 | |
| State vs. Deborah Rainey
W2002-00010-COA-R3-CV
This appeal arises from a condemnation proceeding. The trial court awarded the Appellant $38, 040.00 as the fair market value of the property taken and zero dollars for incidental damages to the remaining property. Appellant raises a single issue on appeal. For the following reasons, we dismiss the appeal.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Rita L. Stotts |
Shelby County | Court of Appeals | 01/27/03 | |
| The Rogers Group vs. Anderson County
E2002-00409-COA-R9-CV
After case was tried, the Trial Judge recused and another Judge was designated who granted a new trial on all issues. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Telford E. Forgerty, Jr. |
Anderson County | Court of Appeals | 01/27/03 | |
| 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 | |
| Brenda Martin, Executor Est. of Dewey Moore v. Jean Moore
M2001-03144-COA-R3-CV
A man who had been diagnosed with dementia executed a power of attorney in favor of his wife. The wife used the power to withdraw all the money from her husband's separately owned bank account, and sent most of it to her brother for investment overseas. She also completed the sale of real property her husband had owned in Kentucky, and placed the proceeds in a marital account. After his death, the man's daughter from a previous marriage brought suit for breach of fiduciary duty, asking for the return of the assets to his estate. The trial court ordered the return of the money taken from the bank account, but ruled that the wife was entitled to keep the proceeds from the sale of the real property. The court also ordered the wife to pay some of the daughter's attorney fees. We affirm the judgment of the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Vernon Neal |
Clay County | Court of Appeals | 01/23/03 | |
| Christopher Ryan vs. James Surprise
W2001-02853-COA-R3-CV
This case involves discovery sanctions. The plaintiff sued the defendants, a lawyer and his law firm, for legal malpractice. The plaintiff requested certain documents from the defendants at least three times, which were not produced. The trial court ordered production of the documents at a deposition. The documents were not produced at the deposition. Twenty-eight days after the deposition, on the eve of a hearing on the defendants' alleged discovery abuses, the documents were produced. In response to the plaintiff's request for sanctions, the trial court ordered that the defendants pay the plaintiff's attorney a monetary sanction. The defendants appeal, arguing that the imposition of the sanction was an abuse of discretion, because there was no evidence indicating the amount of attorney time spent on the alleged discovery abuse and, therefore, no evidentiary basis for the amount of the sanction. We vacate the order of the trial court and remand for further proceedings, because the record does not support the trial court's award.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 01/23/03 | |
| Violet Guarino v. Joseph Corrozzo
M2001-02789-COA-R3-CV
The appellant was ordered in a divorce decree to pay his wife a portion of his pension. He attempted to discharge these payments in a bankruptcy proceeding. The Chancery Court of Rutherford County held that the payments were non-dischargeable because they constituted "support, maintenance or alimony" payments which are not dischargeable under the bankruptcy code. On appeal, appellant argues that wife violated the automatic stay injunction by filing in a state court and that she failed to properly object to the discharge. Appellant also argues that the trial court did not have subject matter jurisdiction. We hold that the payments were in the nature of support and, therefore, not a dischargeable debt. This result means that the issues raised by the appellant are moot. We affirm the trial court's decision.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Royce Taylor |
Rutherford County | Court of Appeals | 01/23/03 | |
| Raymond Anthony vs. Christine Rodgers
W2002-01240-COA-R3-CV
This case began as a petition for dependency and neglect but evolved into a custody dispute between the mother and father of a child born out of wedlock. Originally, the mother appealed to the Circuit Court of Shelby County which stayed the order of the Juvenile Court granting custody to the father. The father appealed to this Court pursuant to Rule 10 of the Rules of Appellate Procedure and we remanded this case to the Circuit Court for entry of an order transferring the appeal to this Court as the Circuit Court lacked subject matter jurisdiction. For the following reasons, we affirm the decision of the Juvenile Court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Rita L. Stotts |
Shelby County | Court of Appeals | 01/23/03 | |
| 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 | |
| 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 | |
| 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 |