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| Kay Dulin vs. Michael Dulin
W2001-02969-COA-R3-CV
This appeal arises from a custody dispute involving parental relocation with a minor child. The lower court dismissed Father's petition to oppose Mother's relocation and granted Mother's motion to dismiss. Father raises multiple issues on appeal. For the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 11/20/02 | |
| John Ruff vs. Raleigh Assembly
W2001-02578-COA-R3-CV
This appeal arises from a complaint filed by the plaintiff, John Ruff ("Mr. Ruff"), in the Circuit Court at Shelby County against the defendant, Raleigh Assembly of God Church, Inc. ("the church"), for assault, battery, false imprisonment and intentional infliction of emotional distress. At the conclusion of the trial, the trial court entered judgment in favor of the church. The parties raise multiple issues on appeal. For the following reasons, we affirm in part and remand
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 11/20/02 | |
| Andrew Downs vs. Crystal Bailey/Joni Downs
W2002-01362-COA-R3-JV
This is a child custody case. The two children involved were born to the mother and father during their marriage. In 1998, the mother and father were unable to care properly for the children, so the mother's sister (the children's aunt) obtained temporary custody. The mother and father divorced in 1999. In 2000, the father filed a petition for custody, claiming that he and his common-law wife could provide a stable home for the children. The aunt sought to retain custody. The mother intervened, arguing that, if permanent custody were not granted to the aunt, then custody should be awarded to her. After a hearing, the trial court granted custody to the father. The mother and the aunt appeal, both claiming that they are entitled to custody. We affirm, finding that the father's rights are superior to those of the aunt, and that the trial court did not err awarding custody to the father rather than the mother.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:William A. Peeler |
Tipton County | Court of Appeals | 11/20/02 | |
| Alton Dixon v. Nike, Inc.
CH-00-2232-2
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 11/20/02 | |
| Deborah Smith vs. Riley Smith
W2002-00477-COA-R3-CV
This is an appeal of a final decree of divorce and the order of the trial court on the moton to alter or amend, involving issues of division of marital property, alimony in futuro, contempt of court, and injunctive relief for Wife's alleged harassment of Husband. Husband appeals. We affirm in part, reverse in part, and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 11/20/02 | |
| Hal Gerber v. Virginia Starr Segal
CH-00-0893-2
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 11/19/02 | |
| Ronald Crafton v. John Van Den Bosch, Jr.
W2002-00679-COA-R9-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Donald H. Allen |
Madison County | Court of Appeals | 11/19/02 | |
| John Iovinelli vs. Steadman Estes
W2001-02968-COA-R3-CV
This is an appeal of the grant of summary judgment. The Appellants contend that the trial judge granted the Appellees summary judgment, sua sponte, and that they did not have notice or an opportunity to respond to the issues decided by the judge. We disagree and, for the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 11/19/02 | |
| Wesley A. Clayton, Andrew v. Sellers, Jackson, For Defendants-Appellees, Joseph Scott Wadley
W2002-01994-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Donald H. Allen |
Henderson County | Court of Appeals | 11/19/02 | |
| Janice Evans vs. Thomas Evans
W2001-03037-COA-R3-CV
This is an appeal of a final decree of divorce involving issues of division of marital property, rehabilitative alimony, child support, and admission of evidence. Wife appeals. We affirm in part, reverse in part, and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Joe C. Morris |
Henderson County | Court of Appeals | 11/19/02 | |
| Stella Keltner vs. Open Lake Sporting Club
W2002-00449-COA-R3-CV
This is a dispute over ownership of the Right Hand Arm portion of Open Lake. The trial court awarded summary judgment to Open Lake Sporting Club. Having determined that there are genuine issues of material facts, we reverse and remand for further proceedings.
Authoring Judge: Judge David R. Farmer
Originating Judge:Jon Kerry Blackwood |
Lauderdale County | Court of Appeals | 11/19/02 | |
| Dept. of Transportation vs. Sammy/Yvonne Hanna
W2002-00152-COA-R3-CV
This is a condemnation case. The Tennessee Department of Transportation alleges that the trial judge committed error by allowing the landowners to discover the opinions of an appraiser not designated to testify at trial and that these errors require overturning the jury's verdict because of the prejudice they caused. We find that errors were committed in the court below, but that these errors were harmless. Therefore, we affirm the verdict of the jury.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Appeals | 11/19/02 | |
| Hal Gerber v. Virginia Starr Segal
CH-00-0893-2
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 11/19/02 | |
| Denver Waddell vs. Lawrence Ogledzinkski
E2001-03131-COA-R3-CV
Knox County -In this appeal from the Knox County Circuit Court the Appellant, Denver J. Waddell, contends that the Trial Court erred in dismissing his case by grant of summary judgment upon grounds that the cause of action against the Appellee, Lawrence M. Ogledzinkski, is precluded by T.C.A. 50-6-108(a). We affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 11/15/02 | |
| Hillsboro Plaza v. H.T. Pope Enterprises
M2001-02943-COA-R3-CV
This cause of action involves damages resulting from the breach of a commercial lease agreement. The trial court awarded judgment to the landlord, including forfeiture damages, prejudgment interest and attorney's fees. We affirm in part and reverse in part.
Authoring Judge: Judge David R. Farmer
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 11/15/02 | |
| Krishina Leach v. Nashville and Davidson County
M2000-01487-COA-R3-CV
This is a Tennessee Governmental Tort Liability Act case. A tow truck owned and operated by an employee of the Metropolitan Government of Nashville and Davidson County was traveling northwardly on Second Avenue South when it struck and killed Jacob Leach, age three, and seriously injured his mother, Krishina Leach. Jacob and his mother were walking southwardly on the sidewalk when Jacob broke free of his mother's restraint and darted into the path of the truck. The trial judge concluded that the driver of the tow truck was negligent because he "should have seen what was there to be seen." The judgment is reversed upon a finding that a motorist is under no duty to assume that an escorted child, in the restraint of an adult, will suddenly break free and run into traffic.
Authoring Judge: Per Curiam
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 11/15/02 | |
| Harper Enterprises vs. City of Bean Station
E2002-01734-COA-R3-CV
The City of Bean Station ("the City") denied the application of the plaintiff ("the applicant") for a permit to sell beer for off-premises consumption. The applicant filed a petition for certiorari, naming the City and seeking a writ of mandamus to compel it to issue the requested permit. On cross motions for summary judgment, the trial court granted the City summary judgment. The applicant appeals. It contends that the City, "by actions and/or inaction," has caused its beer ordinance, which limits beer permits within the municipality to two, to be invalid. In the alternative, it contends that the City "has engaged in discriminatory, arbitrary and capricious application of the ordinance." We vacate the trial court's judgment and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Richard R. Vance |
Grainger County | Court of Appeals | 11/15/02 | |
| James Killingsworth vs. Ted Russell Ford
E2002-01562-COA-R3-CV
This is an action under the Tennessee Consumer Protection Act that arises out of the sale of an SUV. James Killingsworth, and his wife, Kathy Killingsworth ("the purchasers"), sued Ted Russell Ford, Inc. ("the seller"), alleging that the seller failed to advise them about damage to the previously-unowned vehicle sold to the purchasers. At the conclusion of the trial below, the jury returned a verdict in favor of the purchasers, awarding them $2,500. The purchasers then moved for attorney's fees and discretionary costs, which the court granted, but only in the amount of $500. The purchasers appeal, arguing that the fees and expenses awarded by the trial court are unreasonably low. By way of separate issues, the seller argues that the purchasers' second reply brief should be stricken and that the trial court erred in granting any fees and costs to the purchasers. We vacate and remand.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 11/15/02 | |
| Gweneth J. Freels vs. Evelyn Jones
E2002-00895-COA-R3-CV
Defendant demanded a jury in Answer but the trial judge ruled defendant waived right to a jury trial. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Frank V. Williams, III |
Morgan County | Court of Appeals | 11/14/02 | |
| Alica Rakestraw vs. Gregory Rakestraw
E2002-01151-COA-R3-CV
The sole issue in this divorce case is whether the Trial Court reached the correct decision regarding custody of the parties' child. The Court granted primary custodial care of the parties' daughter, Kendra Paige Rakestraw, then 10 years old, to Gregory Keith Rakestraw ("Father"). Alica Delane Rakestraw ("Mother") argues on appeal that the evidence preponderates against the Court's exercise of discretion in rendering its custody decision, and that the Court erred in denying her motion to alter or amend the judgment and her motion for a new trial. We affirm the judgment of the Trial Court in all respects.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Jerri S. Bryant |
Bradley County | Court of Appeals | 11/14/02 | |
| Sammy Vest vs. Francis Goswitz
E2001-01613-COA-R3-CV
This is a medical malpractice case filed on January 3, 2000, and amended on January 11 of the same year. The suit was by Sammy W. Vest and his adult children, Anglia M. Somner, Cheryl D. Travis, and Danny W. Vest, against Dr. Francis Goswitz and Dr. Helen Vodopick. The suit seeks damages for the Defendants' failure to refer Mr. Vest to a specialist, resulting in an injury to him as well as to his children. The Trial Judge sustained a motion by the Defendants to dismiss the children as parties Plaintiff, and later a motion for summary judgment as to Mr. Vest's suit. He further granted sanctions pursuant to Rule 11.03 against counsel for the Plaintiff. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 11/14/02 | |
| Nancy Crawford vs. Roger Crawford
E2002-00372-COA-R3-CV
Plaintiff/Appellant Nancy Crawford owns an interest in a parcel of real property located in Hawkins County, Tennessee as tenants in common with the Defendants/Appellees. Appellant Nancy Crawford filed suit seeking a partial partition in kind of the subject property and requesting a tract containing approximately .604 acre be set aside for her. The .604 acre adjoins land owned by Ms. Crawford. The .604 acre contains a barn, which Ms. Crawford and her late husband had maintained, improved, and used since the late 1980's believing it was located on their property. Appellees opposed a partition in kind and requested a partition sale. The Trial Court found it in the manifest best interest of all parties for the property to be sold, rather than partitioned in kind, and ordered a sale. We modify the judgment, affirm as modified, and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Thomas R. Frierson, II |
Hawkins County | Court of Appeals | 11/14/02 | |
| Chelsea Pirkle vs. Justin Parker
E2002-01751-COA-R3-CV
The trial court refused to set aside the Default Judgment. On appeal, we vacate and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 11/14/02 | |
| Kanta Keith, et al vs. Gene Ervin Howerton, et al
E2002-00704-COA-R3-CV
This case is on appeal for the second time. In the first appeal, we held that the defendants violated the Tennessee Consumer Protection Act ("the Act") in certain pawn transactions with the plaintiffs. We remanded the case to the trial court for a determination of whether the plaintiffs were entitled to treble damages and attorney's fees under the Act. Following a bench trial on these issues, the court below determined that the plaintiffs were not entitled to treble damages, but that they were entitled to a slight augmentation of their compensatory awards. In addition, the trial court awarded attorney's fees and costs, in amounts which are substantially less than those claimed by counsel. The plaintiffs appeal, arguing that the trial court erred in refusing to award treble damages and in its award of fees and costs. By way of a separate issue, the defendants argue that the trial court erred in granting a declaratory judgment to the plaintiff, Kanta Keith ("Mr. Keith"), following the death of his wife, the plaintiff, Darlene Keith ("Mrs. Keith"). We affirm in part, vacate in part and remand.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 11/13/02 | |
| Troy Buckles vs. Shira Riggs
E2002-00649-COA-R3-CV
Shira Dawn McKay Buckles Riggs ("Mother") and Troy Dale Buckles ("Father") were divorced in 1994. Mother was awarded custody of the parties' minor son. In 2001, Father first sought increased visitation and then custody. Mother claimed Father was in arrears in his child support payments. After a trial, the trial court concluded there had been no material change in circumstances and custody should, therefore, remain with Mother. The trial court determined Father was in arrears in his child support payments in the amount of $13,894. The trial court also prohibited both parties from drinking alcohol "while in possession of the child." Father appeals. We modify the judgment to require the parties to undergo counseling, and affirm as modified.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Thomas R. Frierson, II |
Hawkins County | Court of Appeals | 11/13/02 |