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Robert May v. Woodlawn Memorial Park M2001-02945-COA-R3-CV This appeal involves a dismissal in circuit court of a general sessions appeal for failure of plaintiff-appellant to obtain a trial date within 45 days of the appeal pursuant to local rule of court. After the trial court's dismissal, plaintiff filed a motion to alter or amend pursuant to Tenn.R.Civ.P., Rules 59 and 60, which motion was denied. Plaintiff has appealed. We reverse and remand. Authoring Judge: Presiding Judge W. Frank Crawford Originating Judge:Judge Carol L. Soloman	Davidson County	Court of Appeals	09/17/02
Victoria Barnes vs. David Barnes W2002-00428-COA-R3-CV This appeal arises from a change of custody, from the Mother to the Father, granted by the trial court. We affirm, with the modification that Father be enjoined from smoking when either child is present. Authoring Judge: Judge David R. Farmer Originating Judge:Robert A. Lanier	Madison County	Court of Appeals	09/17/02
Gabriel Dryden, et al. v. The Metropolitan Government of Nashville and Davidson County M2001-02594-COA-R3-CV This case involves a traffic accident and the application of the Tennessee Governmental Tort Liability Act. Plaintiff's vehicle was struck after Defendant failed to yield at an intersection. Defendant contended that the Metropolitan Government of Nashville and Davidson County (Metro) was partially at fault for its failure to properly warn motorists of the upcoming intersection. After Plaintiff and Defendant settled their suit, Defendant pursued a claim against Metro. The trial court granted Metro's motion for summary judgment, ruling that Metro was entitled to governmental immunity. We vacate the trial court's award of summary judgment and remand the case for further proceedings. Authoring Judge: Judge David R. Farmer Originating Judge:Judge Barbara N. Haynes	Davidson County	Court of Appeals	09/17/02
General Construction vs. Greater St. Thomas Church W2001-01588-COA-R3-CV This appeal arises from a dispute over the construction of a church. Both parties alleged that the other breached the construction contract. The trial court found the Church to be in breach, awarded damages to the Contractor, and this appeal ensued. We affirm in part and reverse in part. Authoring Judge: Judge David R. Farmer Originating Judge:Floyd Peete, Jr.	Shelby County	Court of Appeals	09/17/02
In The Matter Of: C.N.S. and C.J.S. M2001-02544-COA-R3-JV The trial court terminated the parental rights of the mother of two young children on multiple grounds, including the mother's inability to meet their special needs. The mother argued on appeal that the grounds for termination were not proven by clear and convincing evidence. We affirm the trial court. Authoring Judge: Judge Ben H. Cantrell Originating Judge:Judge George L. Lovell	Maury County	Court of Appeals	09/17/02
Beale St. Dev. vs. George Miller W2001-01133-COA-R3-CV This is a disagreement over the exercise of an option contract. The Appellant asserts that he was prevented from exercising his option. For the reasons stated below, we affirm the trial court's ruling that the Appellant never made an unconditional tender of the funds required to exercise the option, and thus did not properly exercise the option during its term. Authoring Judge: Presiding Judge Alan E. Highers	Shelby County	Court of Appeals	09/17/02
Cavalier Metal vs. Johnson Controls W2001-01057-COA-R3-CV Cavalier Metal Corporation sued Johnson Controls, Inc. for a breach of contract. A jury awarded Cavalier $2,029,294.00 in damages. At its motion for new trial, Johnson Controls, Inc. presented two juror affidavits alleging that another juror who had worked at Johnson Controls, Inc. imparted to the jury her knowledge of the very facts and issues at dispute in the trial. JCI had challenged this juror for cause during voir dire, but its motion had been denied. The trial court held the affidavits inadmissable under Tennessee Rule of Evidence 606(b). For the following reasons, we reverse and remand for a new trial. Authoring Judge: Presiding Judge Alan E. Highers Originating Judge:C. Creed Mcginley	Henderson County	Court of Appeals	09/17/02
Tracy Renee Morris v. Robert Andrew Morris M2001-02275-COA-R3-CV This case involves a petition to change custody. The parents were divorced in July 1998. By agreement, custody of the parties' two minor children was awarded to the mother. In February 2001, while the children were staying with the father at the mother's request, he filed a petition to modify custody to make him the permanent custodial parent. In his petition, the father alleged a material change in circumstances, in that the mother had difficulty keeping a job, maintaining a home, and taking care of the children. The trial court granted the father's petition. The mother now appeals. We affirm, finding that the trial court did not err in finding a material change in circumstances and did not abuse its discretion in changing custody to the father. Authoring Judge: Judge Holly M. Kirby Originating Judge:Judge Muriel Robinson	Davidson County	Court of Appeals	09/17/02
E2002-00442-COA-R3-JV E2002-00442-COA-R3-JV Authoring Judge: Judge Charles D. Susano, Jr. Originating Judge:Thomas J. Wright	Greene County	Court of Appeals	09/16/02
Policy of Insurance No. Ltc982015 v. Transcarriers Inc., W2001-02556-COA-R9-CV Authoring Judge: Judge David R. Farmer Originating Judge:Robert A. Lanier	Shelby County	Court of Appeals	09/16/02
Billy Joe Smith vs. Lisa Ricel E2001-02436-COA-R3-CV In this appeal from the Circuit Court for Johnson County the Appellant, Billy Joe Smith, asserts that the Circuit Court erred in denying his motion to alter or amend the Court's prior judgment dismissing his complaint for alleged violations of his civil rights upon grounds that the complaint failed to allege any causes of action other than violations of the United States Constitution. We affirm the judgment of the Circuit Court. Authoring Judge: Judge Houston M. Goddard Originating Judge:Thomas J. Seeley, Jr.	Johnson County	Court of Appeals	09/16/02
Dept of Children's Srvcs, vs. TLC E2002-00699-COA-R3-CV The Trial Court terminated the mother's parental rights on statutory grounds. On appeal, we affirm the Trial Court's Judgment. Originating Judge:Suzanne Bailey	Hamilton County	Court of Appeals	09/16/02
Joe Burton v. Warren Farmers Cooperative M1999-00486-COA-R3-CV This appeal involves a dispute between a farmer and a co-op over a disappointing soybean crop. The farmer filed suit against the co-op in the Circuit Court for Warren County, alleging that his crop had been damaged by the manner in which the co-op had sprayed herbicide on his fields early in the growing season. At the close of the farmer's proof, the trial court granted the co-op's motion for involuntary dismissal under Tenn. R. Civ. P. 41.02(2) after concluding that he had failed to prove his breach of contract and negligence claims. The farmer asserts on this appeal that the trial court erred by dismissing his lawsuit. We have determined that the trial court properly dismissed the farmer's complaint at the close of his proof. Authoring Judge: Judge William C. Koch, Jr. Originating Judge:Charles D. Haston, Sr.	Warren County	Court of Appeals	09/12/02
Renee Griffith v. James Griffith M2001-02369-COA-R3-CV Renee Shelby Griffith ("Mother") and James Alden Griffith ("Father") were divorced in 1995. Mother originally was awarded primary physical custody of the parties' two minor children. Father later sought a change of custody. The Trial Court granted Father's motion to modify custody, finding that a material change in circumstances had occurred and that a change of custody would serve the best interests of the children. Mother appeals. We affirm, in part, and vacate, in part, and remand. Authoring Judge: Judge David Michael Swiney Originating Judge:Michael R. Jones	Montgomery County	Court of Appeals	09/12/02
Terry Hardin v. Teresa Hardin M2001-01845-COA-R3-CV In this divorce action, the Trial Court classified monthly benefits paid to husband as marital property. On appeal, husband contends payments are disability benefits. We affirm. Authoring Judge: Presiding Judge Herschel P. Franks Originating Judge:C. L. Rogers	Sumner County	Court of Appeals	09/12/02
Insura Property & Casualty Ins. v. Terry Ashe M2002-00374-COA-R3-CV This is a declaratory judgment action wherein Plaintiff insurance company seeks a declaration as to coverage under its commercial general liability insurance policy issued to Lineberry Properties, Inc. Defendant, Dewey Lineberry, and his wholly owned corporate entities, Defendants Lineberry Properties, Inc. and Lawdog Communications, LLC, sought defense and indemnity from Plaintiff insurance company relative to a defamation, libel, slander, and outrageous conduct complaint previously filed against them in the Circuit Court for Wilson County, Tennessee by Defendants, Terry and Judy Ashe. The trial court granted summary judgment to the insurance company holding that the general commercial liability policy provided no coverage as to the underlying action. We affirm the trial court. Authoring Judge: Judge William B. Cain Originating Judge:C. K. Smith	Wilson County	Court of Appeals	09/11/02
Russell Wellington v. State M2002-01090-COA-R3-CV Inmate appeals the trial court's order dismissing his lawsuit for failure to prosecute. Because the State had been granted a transfer of this case from the Claims Commission for the purpose of consolidating it with another case pending in the trial court, but took the position in this appeal that no consolidation had occurred, we vacate the dismissal and remand. Authoring Judge: Presiding Judge Patricia J. Cottrell Originating Judge:Hamilton V. Gayden, Jr.	Davidson County	Court of Appeals	09/10/02
Randy Hensley v. Department of Corrections M2001-02721-COA-R3-CV An inmate who was allowed to commence and proceed in forma pauperis in this litigation, but who was unsuccessful and had costs taxed against him, appeals the trial court's denial of his motion to quash execution on his trust fund account to collect the costs. We affirm. Authoring Judge: Presiding Judge Patricia J. Cottrell Originating Judge:Irvin H. Kilcrease, Jr.	Davidson County	Court of Appeals	09/10/02
Dept of Children's Services v. Florence Hoffmeyer M2002-00076-COA-R3-JV Authoring Judge: Judge William B. Cain Originating Judge:Max D. Fagan	Robertson County	Court of Appeals	09/10/02
M2002-00076-COA-R3-JV- M2002-00076-COA-R3-JV- Originating Judge:Max D. Fagan	Robertson County	Court of Appeals	09/10/02
Gregory Hedges v. TDOC M2002-00140-COA-R3-CV Authoring Judge: Judge William C. Koch, Jr. Originating Judge:Barbara N. Haynes	Davidson County	Court of Appeals	09/10/02
Gregory Hedges v. TDOC M2002-00140-COA-R3-CV Authoring Judge: Judge William C. Koch, Jr. Originating Judge:Barbara N. Haynes	Davidson County	Court of Appeals	09/10/02
Vanderbilt University v. Charles Haynes M2001-02688-COA-R3-CV The Circuit Court of Davidson County dismissed an appeal from the General Sessions Court because the appeal was not perfected within ten days of the date of the General Sessions judgment. The appellant contends that Rules 6.01 and 6.05 of the Tennessee Rules of Civil Procedure extended the time for filing the appeal to the date it was actually perfected. Because the Rules of Civil Procedure do not apply to the General Sessions Court, we affirm the Circuit Court's judgment. Authoring Judge: Judge Ben H. Cantrell Originating Judge:Walter C. Kurtz	Davidson County	Court of Appeals	09/10/02
Tyrone Sterling v. Lolita Williams M2002-00352-COA-R3-CV The Chancery Court of Montgomery County awarded Tyrone Sterling a divorce from Lolita R. Sterling and custody of the parties' minor child. Ms. Sterling asserts on appeal that the division of the marital property violated the automatic stay issued in her bankruptcy proceeding, and that the court erred in granting Mr. Sterling the divorce and custody of the child. We affirm the judgment of the trial court. Authoring Judge: Judge Ben H. Cantrell Originating Judge:Michael R. Jones	Montgomery County	Court of Appeals	09/10/02
H&R Block Eastern Tax Services, Inc., v. Kameron Bates, D/B/A Bates Income Tax Service, et al. M2001-02589-COA-R3-CV Plaintiff, provider of a tax preparation service, sued defendants, a tax preparation service and individual former employees of plaintiff, for damages and injunctive relief resulting from procurement of breach of contract by defendant tax preparation service and for breach of noncompetition contracts by former employees. The trial court found that the plaintiff had no right to relief from the defendants and entered judgment for all defendants. Plaintiff appeals. We affirm. Authoring Judge: Presiding Judge W. Frank Crawford Originating Judge:Chancellor Vernon Neal	Overton County	Court of Appeals	09/03/02