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| XI Properties v. Racetrac Petroleum
M2001-00977-COA-R3-CV
Plaintiffs, XI Properties Inc. et al., purchased land from the defendant, RaceTrac, adjacent to RaceTrac Petroleum in 1992. Seven years later, XI Properties, while attempting to develop the property, learned RaceTrac had inadvertently conveyed to them portions of RaceTrac parking, curbs and light posts. Plaintiffs proposed to remove the unnatural slope created by the parking lot, but defendants were concerned about their rights and responsibilities. Plaintiffs filed a declaratory judgment. Defendants filed a Motion for Summary Judgment. We reverse the trial court=s grant of summary judgment to XI Properties as to adverse possession by RaceTrac. We remand the issue to the trial court to determine if Racetrac can establish possession of the property. Further we affirm the finding that XI Properties owes no duty to RaceTrac for lateral support, so long as it does not act negligently.
Authoring Judge: Judge Marietta M. Shipley
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Putnam County | Court of Appeals | 02/13/03 | |
| Mark Pirtle Chevrolet v. Celebration Nissan
M2002-00554-COA-R3-CV
This case involved claims and counter-claims for breach of contract on the sale of an automobile dealership. After a hearing, the trial court awarded the plaintiffs damages for most of their claims. Since the defendants did not file a timely notice of appeal, we cannot consider arguments about the court's Final Order. However, the plaintiff filed a Rule 60 motion to clarify one paragraph of the Final Order. The trial court granted the motion, and modified the order to specify that the defendant was to pay the plaintiff $49,000 for certain cars that had been the subjects of a dispute. The defendant appealed the trial court's action. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:J. B. Cox |
Bedford County | Court of Appeals | 02/13/03 | |
| Shamery Blair vs. West Town Mall
E2002-02005-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 02/13/03 | |
| Gail Allen v. Saturn Corp.
M2002-01238-COA-R3-CV
Appellants, Gail and Larry Allen, sustained injuries when a tent collapsed during a thunderstorm at a Homecoming at the Saturn Corporation in Spring Hill. They brought suit for their injuries caused by negligence in maintenance and construction of the tent. They dismissed or settled their claims with all Defendants except Saturn Corporation. Saturn filed a Motion for Summary Judgment arguing that Appellants were unable to establish a prima facie case of the Appellee's negligence. The trial court granted Appellee's Motion for Summary Judgment. We affirm the decision of the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Jim T. Hamilton |
Maury County | Court of Appeals | 02/13/03 | |
| State, et Rel. Robyn Russell vs. Jackson West
E2002-01667-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas R. Frierson, II |
Greene County | Court of Appeals | 02/12/03 | |
| State, et Rel. Robyn Russell vs. Jackson West
E2002-01667-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas R. Frierson, II |
Greene County | Court of Appeals | 02/12/03 | |
| John Doe vs. Randall Pedigo
E2002-01311-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 02/12/03 | |
| Brenda Jones vs. David Jones
E2002-01684-COA-R3-CV
In this post-divorce case, David Wayne Jones (Husband) filed a motion requesting the Trial Court to discontinue alimony payments. The sole basis for the motion was that Brenda Gail McNeeley Jones (Wife) was "currently residing with a male individual." Wife denied that a reduction in alimony was appropriate, due to her alleged continuing need and Husband's continuing ability to pay. Wife moved for an increase in alimony payments due to her "increased medical expenses, and vocational disability that [she] suffers by reason of the need for eye surgery." The Trial Court awarded Husband a reduction in the amount of alimony from $1,500 per month to $1,000 per month. On appeal, Husband argues that the Trial Court erred by refusing to eliminate the alimony payments, and Wife argues that the Court erred by reducing them. We affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:G. Richard Johnson |
Washington County | Court of Appeals | 02/12/03 | |
| John Doe vs. Randall Pedigo
E2002-01311-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
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Knox County | Court of Appeals | 02/12/03 | |
| Herbert Heinze vs. Patricia Severt
E2002-01184-COA-R3-CV
In this appeal from the Chancery Court for Greene County the Appellant, Herbert Arthur Heinze, contends that the Trial Court erred in finding that a valid accord and satisfaction was entered into between him and the Appellee, Patricia Christine Severt (Heinze), with respect to the distribution of proceeds realized from the sale of the parties' marital residence pursuant to a divorce judgment. We affirm the judgment of the Trial Court and remand for collection of costs and enforcement of the judgment.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas R. Frierson, II |
Greene County | Court of Appeals | 02/12/03 | |
| In Re: Petition of James F. Watson, General Sessions Court Judge
E2002-02480-COA-R3-CV
This is a declaratory judgment action. Judge James F. Watson was, at all relevant times, the general sessions court judge for McMinn County. Prior to 2000, McMinn County was classified as a county of the second class and Judge Watson was paid in accordance with the statutory compensation scheme for such counties. As a result of the 2000 census, McMinn County became a county of the first class. Judge Watson filed a petition seeking a determination as to the proper calculation of his salary as a class one general sessions court judge. The trial court determined that Judge Watson was entitled to continue receiving the jurisdictional supplements to his salary that he had been receiving as a class two judge. We reverse.
Authoring Judge: Judge Charles D. Susano, Jr.
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McMinn County | Court of Appeals | 02/12/03 | |
| Wanda Shadwick vs. F.H. Shoemaker
E2002-01525-COA-R3-CV
Wanda Shadwick, individually, and as Executrix of the Estate of her common-law husband, Kenneth Lee Phillips, sued F. H. Shoemaker Distributors, Inc., and Floyd H. Shoemaker, II. The theory of the lawsuit is that the Defendants were guilty of abuse of process in connection with the sale of certain real estate and personal property owned by Kenneth Lee Phillips at the time of his death to pay a claim of the Corporation against his Estate. This claim, in the amount of $25,079.54, had been sustained by the Probate Judge. We find that neither the Corporation nor Mr. Shoemaker are liable for the misdeeds of Max Huff, the first attorney employed by them. Having so found, we reverse the judgment both as to compensatory damages in the amount of $156,000 which, incidentally, was higher than Ms. Shadwick's testimony as to the wholesale value of the personal property, and of punitive damages in the amount of $250,000, which was the amount of the ad damnum clause in the complaint. Mr. Shoemaker filed a counter-complaint seeking to recover the amount paid in delinquent taxes as to a house and lot he purchased at the purported sale, as well as delinquent taxes owed thereon. On this issue the jury found in favor of Ms. Shadwick and we affirm this determination.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Billy Joe White |
Scott County | Court of Appeals | 02/12/03 | |
| Shirley Klein vs. David Klein
E2002-00867-COA-R3-CV
In this divorce proceeding the wife, Shirley Jean Klein, appeals the judgment of the Trial Court which held that Ms. Klein was not entitled to alimony. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Ben K. Wexler |
Greene County | Court of Appeals | 02/11/03 | |
| Zora Elsea vs. Frank Elsea
E2002-00387-COA-R3-CV
In this divorce action, the Trial Court identified, valued and divided marital property and awarded wife alimony. Husband appeals. We affirm the Trial Court.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jerri S. Bryant |
McMinn County | Court of Appeals | 02/11/03 | |
| Robert M. Overholt, M.D., et al vs. Hugh Ray Wilson
E2002-01479-COA-R3-CV
In this suit, Plaintiffs Robert M. Overholt, Joe W. Black, and Michael D. Price sue Defendant Hugh Ray Wilson, seeking possession of a portrait of long-time University of Tennessee football coach, General Robert R. Neyland. The suit also sought injunctive relief as to a proposed sale of the portrait by Mr. Wilson in connection with a bankruptcy sale of assets of a corporation owned by him. Mr. Wilson's sole defense of the suit was that it was barred by T.C.A. 28-3-105(2), the three-year statute of limitations for recovery of personal property. The trial court submitted to the jury a single question regarding the only material factual dispute, and upon receipt of the jury's finding held that the statute of limitations was not a viable defense and granted judgment in favor of the Plaintiffs. Mr. Wilson appeals and raises four issues, hereinafter set out, for our consideration. We find that they are without merit and affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 02/11/03 | |
| Margaret Wightman vs. Truman Clouse
E2002-00318-COA-R3-CV
The Trial Court held plaintiff was entitled to use roadway across defendants' land. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Vernon Neal |
Cumberland County | Court of Appeals | 02/11/03 | |
| In the Matter of: Conservatorship of Ellen Groves
M2000-00782-COA-R3-CV
This appeal involves the conservatorship of an elderly widow. Both the widow's brother-in-law and a niece filed petitions in the Chancery Court for Montgomery County requesting to be appointed her conservator. Following a bench trial, the trial court determined that the widow was "competent" and, therefore, dismissed both conservatorship petitions. The trial court also disapproved the brother-in-law's accounting of his expenditures on the widow's behalf and directed the brother-in-law and his wife to return the widow's real and personal property to her. On this appeal, the widow's brother-in-law asserts that the trial court erred (1) by refusing to appoint him conservator, (2) by refusing to approve reimbursing him for his expenses in caring for his sister-in-law, and (3) by directing him to return his sister-in-law's real and personal property. We have determined that the evidence preponderates against the trial court's conclusions that the widow is not disabled and that she does not need a conservator. However, we have also determined that the trial court properly declined to reimburse the widow's brother-in-law for his expenses in caring for her and properly ordered him to return her real and personal property.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 02/11/03 | |
| Margaret Wightman vs. Truman Clouse
E2002-00318-COA-R3-CV
The Trial Court held plaintiff was entitled to use roadway across defendants' land. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
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Court of Appeals | 02/11/03 | ||
| Jackson Rose vs. Rick Welch
E2002-02042-COA-R3-CV
Attorney R. Jackson Rose ("Plaintiff") was hired by Rick Welch ("Defendant') to defend him on drug related criminal charges. The parties agreed to a flat fee of $25,000 for this legal representation. A retainer of $5,000 was paid up-front. Defendant signed a promissory note for the remaining $20,000. Defendant claims he lost confidence in Plaintiff's ability to adequately represent him after Defendant paid a total of $6,850 in attorney fees. Defendant discharged Plaintiff and obtained new counsel. Plaintiff sued for breach of contract. Defendant filed a counterclaim for legal malpractice and also claimed as a defense, inter alia, that Plaintiff's representation fell below the professional standard of care. The case was tried to a jury. After all of the proof was presented, the Trial Court directed a verdict for Plaintiff because Defendant had offered no expert proof to support his counterclaim or his defense to the breach of contract claim. We hold expert proof was not necessary in order for Defendant to prove he lost confidence in Plaintiff and discharged him with cause for that reason. We, therefore, reverse the entry of the directed verdict as to that issue only and remand the case for trial on the sole issue of termination for cause because of Defendant's "loss of confidence." We affirm all other aspects of the Trial Court's judgment.
Authoring Judge: Judge David Michael Swiney
Originating Judge:James B. Scott, Jr. |
Claiborne County | Court of Appeals | 02/11/03 | |
| Sammy Miller v. Board of Probation and Paroles
M2002-00426-COA-R3-CV
The Board of Paroles declined to parole a prisoner in the custody of the Department of Correction. He claimed that the Parole Board violated the constitutional prohibition against ex post facto laws by following a different procedure to reach its decision than was in effect at the time of his crime. The trial court dismissed the prisoner's complaint for failure to state a claim for which relief can be granted. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/10/03 | |
| Helen Cornell vs. State
E2002-02173-COA-R3-CV
Plaintiff's claim for injuries sustained from falling in hole in state park was dismissed by Commissioner. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Vance W. Cheek |
Court of Appeals | 02/10/03 | ||
| Dorsey McGahee v. James Dukes
M2002-00753-COA-R3-CV
Two state prisoners placed in administrative segregation petitioned the Chancery Court of Davidson County for a writ of certiorari to review the action of the prison disciplinary board. The court held that the petition did not state a claim for relief because administrative segregation is not an atypical or significant hardship on the petitions in relation to the ordinary incidents of prison life. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/10/03 | |
| In Re: The estate of Nola Mae Mullins vs. Mary Panther
E2002-02094-COA-R3-CV
Administrators of the Estate petitioned the Court to require respondent to account for funds held by her by virtue of her power of attorney for deceased. We affirm the Trial Judge's Order requiring an accounting.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John D. Mcafee |
Claiborne County | Court of Appeals | 02/10/03 | |
| Tucker Corporation v. City of Clarksville
M2002-00627-COA-R3-CV
This is an appeal seeking to overturn the action of the trial court in granting a motion for summary judgment in favor of the City of Clarksville in a suit wherein the plaintiff challenged the validity of an ordinance enacted by the defendant setting water and sewage connection fees based on the square footage of the heated and cooled living space of the house connected to those services. We affirm the judgment of the trial court.
Authoring Judge: Chancellor Vernon Neal
Originating Judge:John H. Gasaway, III |
Montgomery County | Court of Appeals | 02/10/03 | |
| Steven Means v. David Ashby
M2002-00285-COA-R3-CV
Current custodian of Minor Child petitioned the court for termination of parental rights of both parents. Petitioners are the brother and sister-in-law of Minor Child's mother. The parents of the Minor Child are divorced. Mother had no contact with Minor Child for over a year prior to the Petition, and Father has had no contact for approximately five years. We find that any failure to visit by the parents and failure to support by the Mother was not willful and affirm the trial court in dismissing the Petition to Terminate their parental rights. However, the trial court's custody determination is vacated, and that issue is remanded for further consideration.
Authoring Judge: Judge William B. Cain
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 02/10/03 |