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| State of TN Dept. of Transportation vs. Tommie/Arlene Goodwin
W2002-00391-COA-R3-CV
This is a condemnation case. The State filed a petition to condemn a portion of property owned by the defendants for the improvement of a highway. The defendants did not challenge the State's right to condemn the property, but they asserted that the amount proffered by the State as payment for the property was inadequate. After a jury trial, the jury returned a verdict of $13,500. The defendants moved for a new trial or, in the alternative, for an additur. The trial court concluded that the jury's verdict did not adequately compensate the defendants for either their financial loss or the loss to their business resulting from the condemnation, so it granted the motion for an additur, suggesting an additur of $12,000. The State accepted the additur under protest and now appeals. We affirm, finding that the trial court's suggested additur did not constitute an impermissible award for lost profits.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Clayburn L. Peeples |
Gibson County | Court of Appeals | 08/28/02 | |
| Nikki Bowie vs. Richard Bowie
E2001-02923-COA-R3-CV
Richard Roy Bowie ("Husband") and Nikki Lynn Herrington Bowie ("Wife") were divorced in 2000. Wife was awarded sole custody of the couple's young child. Husband was granted visitation pursuant to a custody agreement filed March 1, 2000. The Trial Court found that Wife's monthly need was $7,200, but that Husband was unable to pay this amount. The Trial Court awarded Wife monthly child support in the amount of $1,057, and alimony in futuro of $1,500 per month. Husband appeals the type of alimony awarded to the Wife, the Trial Court's finding regarding the amount of Wife's monthly need, and the amount of alimony awarded. Wife raises an additional issue regarding whether the Trial Court erred in not awarding her attorney's fees. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John F. Weaver |
Knox County | Court of Appeals | 08/23/02 | |
| AAron Del Shannon vs. Darla Shannon
E2002-00518-COA-R3-CV
In this post-divorce case, Aaron Del Shannon ("Father") filed a petition against his former wife, Darla Jean Shannon ("Mother"), seeking to modify the parties' divorce judgment, which judgment, inter alia, had awarded Mother custody of the parties' two minor children. In his petition, Father sought a change of custody and asked to be named primary residential parent of the children. The trial court found a substantial and material change of circumstances and granted Father's petition. We reverse.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Michael A. Davis |
Morgan County | Court of Appeals | 08/23/02 | |
| Christmas Lumber vs. Robert Valiga
E2001-02444-COA-R3-CV
After experiencing significant problems with the construction of a house he was having built, Robert E. Valiga ("Valiga") sued Robert H. Waddell ("Waddell") and John Graves ("Graves") (collectively referred to as "Defendants") seeking damages for the poor construction. Although the construction contract was between Valiga and R.H. Waddell Construction, Inc., no corporate charter had been filed when the contract was signed. The Trial Court concluded Waddell and Graves were partners and entered judgment against them individually for $80,045.79. After judgment was entered, Defendants filed motions seeking to amend their answers to assert a statute of limitations defense. These motions were denied by the Trial Court. Graves and Waddell appeal, challenging the Trial Court's conclusion that they were partners and subject to individual liability, the denial of their motions seeking to amend their answers to assert a statute of limitations defense, and the Trial Court's award of prejudgment interest to Valiga. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John F. Weaver |
Knox County | Court of Appeals | 08/23/02 | |
| Betty Black & Barry Goins vs. State Farm Mutual
E2002-00206-COA-R3-CV
In action for breach of insurance contract, the Trial Court granted Summary Judgment on the ground insurance company had properly satisfied all claims under plaintiffs' policies. Plaintiffs have appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John K. Byers |
Washington County | Court of Appeals | 08/23/02 | |
| State Dept of Children's Srvcs vs. B.J.A.L.
E2002-00292-COA-R3-JV
The trial court terminated the parental rights of B.J.A.L. ("Mother") with respect to her minor female child, R.A.A. (DOB: September 15, 1989). Mother appeals, arguing, among other things, that the evidence preponderates against the trial court's determination that there is clear and convincing evidence to terminate her parental rights. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Shirley B. Underwood |
Court of Appeals | 08/23/02 | ||
| Ray Edwards vs. Hallsdale-Powell Utility District
E2002-00395-COA-R9-CV
This is an appeal from the grant of partial summary judgment for defendant that plaintiff could not maintain an action for inverse condemnation. On appeal, we vacate the grant of summary judgment.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 08/23/02 | |
| 2001-01175-COA-R3-CV
2001-01175-COA-R3-CV
Originating Judge:Jean A. Stanley |
Carter County | Court of Appeals | 08/22/02 | |
| Frank White & Sue White vs. Gerald Jenkins
E2002-00275-COA-R3-CV
The Trial Court awarded landlord a judgment against tenant for possession, rent owing, and attorney fees. On appeal, we affirm with modifications.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Appeals | 08/22/02 | |
| Patricia Ridgeway vs. Jimmy Kimball
E2001-02577-COA-R3-CV
The sole issue for our review in this divorce case is whether the Chancellor erred in ordering the Appellant, Jimmy Clarke Kimball ("Husband") to pay alimony in futuro in the amount of $1,000 per month to the Appellee, Patricia Anne Ridgeway ("Wife"). We find that the Chancellor properly considered the applicable statutory factors and that the evidence does not preponderate against his decision to award alimony in futuro rather than rehabilitative alimony. Consequently, we affirm the Chancellor's judgment.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 08/22/02 | |
| Lassie Frazier vs. Brock's Open Air Market
E2002-00203-COA-R3-CV
Clifford Frazier and Azeline Kittrell were sitting on a bench located in front of Brock's Open Air Market. Catherine Ottinger ("Ottinger"), who already had consumed six beers, was at the store to purchase a salad and more beer. As Ottinger was leaving, her car, for whatever reason, accelerated rapidly while in reverse and made a U-turn at a high rate of speed. While in reverse, Ottinger drove onto a public road and then came back onto the store's premises, jumped a concrete curb and hit Clifford Frazier and Azeline Kittrell, who later died from their injuries. Plaintiffs sued Brock's Open Air Market asserting, as relevant to this appeal, premises liability. The Trial Court granted summary judgment to Brock's Open Air Market on the basis that the accident in question was not reasonably foreseeable. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Richard R. Vance |
Cocke County | Court of Appeals | 08/22/02 | |
| Kimberly Lewis vs. Timothy Lewis
E2002-00209-COA-R3-CV
In this divorce case, Timothy E. Lewis ("Husband") appeals the Trial Court's decision, arguing that it erred in classifying certain assets as marital rather than his separate property. Husband asserts that "the failure of the Trial Court to properly characterize separate property versus marital property [resulted in] an inequitable division of the parties' assets." We find that several of the assets classified by the Trial Court as marital property should have been classified as Husband's separate property. We also find that a portion of the Husband's credit card debt, which was incurred during the marriage, should be assigned to Kimberly G. Harmon ("Wife"). We affirm the Trial Court's judgment in all other respects.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:G. Richard Johnson |
Johnson County | Court of Appeals | 08/22/02 | |
| Phillip Jessee vs. American General Life
E2002-00182-COA-R3-CV
In this case of alleged age discrimination case from the Chancery Court for Sullivan County the Plaintiffs/Appellants, Phillip Jessee and James O. Morse, argue that the Trial Court erred in refusing to grant their request for a continuance, in its admission and exclusion of certain evidence and in its dismissal of their cause of action against the Defendant/Appellee, American General Life and Accident Insurance Company. We affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
|
Sullivan County | Court of Appeals | 08/21/02 | |
| Mary Varner vs. Jason Varner
E2001-02917-COA-R3-CV
In divorce case the Trial Court divided marital property and debts, awarded alimony and designated debts to be paid by husband as alimony. On appeal, we affirm in part and reverse in part.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 08/21/02 | |
| Sandor Turucz vs. Betty T. Madewell
E2001-03134-COA-R3-CV
Sandor Turucz sued Betty T. Madewell seeking to recover for personal injuries and property damage sustained by him in a two-vehicle accident in Hamilton County. The case was tried to a jury, who found both parties 50% at fault. The trial court entered its judgment decreeing that "the plaintiff shall have and recover nothing from the defendant." The plaintiff appeals, arguing that errors were made by the trial court in its charge to the jury and that the verdict of the jury is not supported by material evidence. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 08/21/02 | |
| Gale Emerson vs. Robert Emerson
E2001-02835-COA-R3-CV
In this post-divorce action, the Trial Court ordered an increase in child support and ordered the father to pay 85% of the son's private school tuition. On appeal, the father insists the Trial Court was without jurisdiction to entertain the petition, and the proof did not support the increases ordered by the Trial Court. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 08/21/02 | |
| Christopher Hooven v. Johnnia Hooven
M2001-02108-COA-R3-CV
The wife appeals from the Trial Court's placing primary custody of the parties' minor children with the father. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Stella L. Hargrove |
Giles County | Court of Appeals | 08/20/02 | |
| Smith, Deceased v. Jerry Smith
E2001-03132-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Thomas R. Frierson, II |
Hamblen County | Court of Appeals | 08/20/02 | |
| Julia Wilkes v. Fred's, Inc.
W2001-02393-COA-R3-CV
Plaintiff slipped and fell on liquid laundry detergent which had spilled in the customer service area in Defendant's store. The jury returned a verdict in favor of the Defendant. We affirm
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 08/20/02 | |
| Julia Wilkes v. Fred's, Inc.
W2001-02393-COA-R3-CV
Plaintiff slipped and fell on liquid laundry detergent which had spilled in the customer service area in Defendant's store. The jury returned a verdict in favor of the Defendant. We affirm
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 08/20/02 | |
| State ex rel. Heather Middleton vs. Stanley Cochran
E2002-00164-COA-R3-JV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Suzanne Bailey |
Hamilton County | Court of Appeals | 08/20/02 | |
| State ex rel. Heather Middleton vs. Stanley Cochran
E2002-00164-COA-R3-JV
Authoring Judge: Judge David Michael Swiney
|
Hamilton County | Court of Appeals | 08/20/02 | |
| Phillip Burdett vs. Kathy Burdett
E2002-01071-COA-R3-CV
In this divorce action, the issue is whether the division of marital property by the Trial Court is equitable. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Lawrence H. Puckett |
Monroe County | Court of Appeals | 08/20/02 | |
| Teresa Lynn Kidwell Atkins v. Ronal Lee Atkins
E2001-02043-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John D. Mcafee |
Union County | Court of Appeals | 08/19/02 | |
| Teresa Lynn Kidwell Atkins v. Ronal Lee Atkins
E2001-02043-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John D. Mcafee |
Union County | Court of Appeals | 08/19/02 |