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| Joseph Bolinger vs. Sharon Ann Bolinger
E2002-00103-COA-R3-CV
In this divorce case, the sole issue for our review is whether the Trial Court properly classified three IRAs held by Joseph D. Bolinger ("Husband") as partially marital and partially separate assets. Applying the analysis set forth by the Supreme Court in the case of Langschmidt v. Langschmidt, 81 S.W.3d 741 (Tenn. 2002), we hold that the IRAs, which were funded with premarital assets, should be classified as Husband's separate property. We therefore vacate the Trial Court's judgment that the IRAs are partially marital assets and remand this case.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Conrad E. Troutman, Jr. |
Campbell County | Court of Appeals | 08/19/02 | |
| Wallace Forsythe v. Timothy Gibbs
M2001-02055-COA-R3-CV
A laborer injured on the job during horseplay initiated by his employer claimed that he was entitled to damages in tort for his employer's actions. The trial court dismissed the suit, ruling that the plaintiff was bound by the exclusive remedy provisions of the Workers' Compensation Statute. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 08/15/02 | |
| Cooper Mgmt. vs. Performa Entertainment.
W2001-01134-COA-R3-CV
This appeal involves a chancery court's decision to hold an enjoined party in both civil and criminal contempt for failing to abide by an injunction. The injunction required the enjoined party to remove a tent structure from certain property within a reasonable time. The enjoined party was also ordered to refrain from placing further encroachments on the property. Following a petition for contempt, the court found that the enjoined party had failed to remove the tent structure within a reasonable time and had, instead, placed more items on the property. Accordingly, the court found the enjoined party in civil and criminal contempt. Under the civil contempt charge, the enjoined party was sentenced to jail until he complied with the court's order. For the criminal contempt charge, the court ordered the party to serve seven days in jail. Five days into the enjoined party's sentence, he complied with the court's order and was released on bond. He now appeals the remaining two days on his sentence. For the following reasons, we affirm in part, reverse in part, and remand this case to the chancery court for further proceedings consistent with this opinion.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 08/15/02 | |
| Ronnie Sykes v. Robbie Richardson
M2001-02097-COA-R3-CV
Tenured teacher filed a petition for review of board of education action discharging him from his teaching position. The trial court, the Honorable Don R. Ash, presiding by interchange, upheld the decision by the board of education. Petitioner appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Don R. Ash |
Smith County | Court of Appeals | 08/13/02 | |
| Eugene/Mark Selker vs. Russell Savory
W2001-00823-COA-R3-CV
This appeal involves a dismissed claim for malicious prosecution. The plaintiffs in the present action filed their complaint one year and thirty days after a final judgment was issued in the underlying suit. The defendants responded by filing separate motions to dismiss for failure to state a claim. The trial court sustained the defendants' motions, holding that the plaintiffs' claim was barred by the one year statute of limitations. The plaintiffs appealed and now argue that the statute of limitations on their claim did not begin to run until the applicable period for appeal in the underlying litigation expired. For the following reasons, we affirm the decision of the trial court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 08/13/02 | |
| Debra Bolin v. Carl Bolin
M2001-02168-COA-R3-CV
Wife filed for divorce soon after Husband was sentenced to four years in prison for causing the death of Son. The trial court granted Wife the divorce on the grounds of inappropriate marital conduct. The court also determined that section 31-1-106 of the Tennessee Code prohibited Husband from collecting his portion of Son's life insurance policy. We affirm the decision of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 08/13/02 | |
| James Cone, dec. by next friend Tim Cone v. State
M2001-02242-COA-R3-CV
After his father was killed while crossing railroad tracks located in Sumner County, Tim Cone ("Plaintiff"), as next friend and on behalf of his father James R. Cone, sued the State of Tennessee ("Defendant") in the Claims Commission. Plaintiff claimed Defendant exercised control over the railroad crossing and was responsible for the dangerous condition at that crossing. Plaintiff also claimed Defendant negligently deprived James R. Cone of certain statutory rights. The Claims Commission granted Defendant's motion to dismiss for failure to state a claim upon which relief could be granted holding it did not have jurisdiction over Plaintiff's three claims. Plaintiff appeals. We affirm in part, reverse in part, and remand this case to the Claims Commission.
Authoring Judge: Judge David Michael Swiney
|
Sumner County | Court of Appeals | 08/13/02 | |
| Clifford W. Russell, et al., v. Susan I. Russell
M2001-00926-COA-R3-CV
This appeal involves a will contest coupled with a suit to construe the same will. The trial court granted summary judgment to the proponent on the will contest and summary judgment to the contestants on the will construction issues. We hold that the issues cannot be resolved on summary judgment and reverse the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 08/09/02 | |
| G.L. Vanhorn v. Dan Webb and Bryant M. Raines D/B/A Mickey's Late Night Party
M2001-00807-COA-R3-CV
This case arises from commercial property leases. The defendants operated a late night dance club on premises leased from the plaintiff. The plaintiff landlord unilaterally terminated the leases, changed the locks, and filed suit to recover for damage to the premises. While several pretrial motions were pending, the trial court scheduled the final hearing. The trial court found that the defendant tenants had a week-to-week oral lease and that the tenants violated the lease by engaging in illegal activity on the premises. On appeal, the defendant tenants argue that they were not given sufficient notice prior to the final hearing. We affirm, because the record does not show that the issues raised on appeal were presented to the trial court.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge Carol L. Soloman |
Davidson County | Court of Appeals | 08/09/02 | |
| Elizabeth Ann Baker v. Merrol Hyde, et al.
M2001-01752-COA-R3-CV
Elizabeth Ann Baker ("Plaintiff") is a school teacher. Plaintiff sued Steve Shepard, the principal of her school, and Sheila Pryor, another teacher. Plaintiff also sued Merrol Hyde, the director of Sumner County Schools, and Jeff Helbig, the school system's assistant director. Plaintiff claimed the four defendants ("Defendants") were liable for negligent and intentional infliction of emotional distress and civil conspiracy. In addition to her Answer, Pryor filed a Counter-Complaint against Plaintiff for slander. All four Defendants filed Tenn. R. Civ. P. 12.02(6) Motions to Dismiss. The Trial Court granted Defendants' Motions to Dismiss but did not address Pryor's pending Counter-Complaint. Plaintiff appeals. Because the judgment appealed from is not a final judgment under Tenn. R. App. P. 3, we dismiss and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Chancellor Thomas E. Gray |
Sumner County | Court of Appeals | 08/07/02 | |
| Gallatin Housing Authority v. Rebecca and Dionisio Montesillo and Gallatin Housing Authority v. Margarita Flores
M2001-02260-COA-R3-CV
This appeal arises from two detainer warrants issued on behalf of appellee Gallatin Housing
Authoring Judge: Judge Thomas W. Brothers
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 08/07/02 | |
| State of Tennessee v. Kristopher Roberts
W2001-01702-COA-R3-JV
This case involves a juvenile's appeal from an adjudication of delinquency. The jury found that the juvenile was guilty of disorderly conduct as a result of his actions at the Tipton County School Board building. The jury also found the juvenile guilty of assault and resisting arrest due to his actions in the Juvenile Court of Tipton County. We affirm the jury's verdict.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Joseph H. Walker, III |
Tipton County | Court of Appeals | 08/06/02 | |
| Quentin Cavnar v. State
M2002-00609-COA-R3-CV
This appeal involves the diagnosis and treatment of a person who was briefly hospitalized at Middle Tennessee Mental Health Institute. Following his release, the patient filed a claim with the Tennessee Claims Commission asserting that he had been misdiagnosed and that the staff had subjected him to mental abuse and torture. The Commission dismissed the patient's complaint after he failed to file a timely response to the State's Tenn. R. Civ. P. 12.02(6) motion to dismiss, and the patient has appealed. We have determined that the Commission properly dismissed the patient's claim, not only because of his tardy response but also because the response fails to state a claim upon which the Commission may grant relief.
Authoring Judge: Judge William C. Koch, Jr.
|
Court of Appeals | 07/30/02 | ||
| Andre Mayfield v. Ricky Bell
M2001-00486-COA-R3-CV
Appellant, a pro se inmate in the Department of Corrections, appeals the dismissal by the chancellor of his case pursuant to Tennessee Code Annotated section 41-21-812. We affirm the action of the chancellor.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/30/02 | |
| America Online v. Commissioner of Revenue
M2001-00927-COA-R3-CV
The Chancery Court of Davidson County granted summary judgment to America Online, Inc. on the Commissioner of Revenue's claim that AOL's activities in this state gave it a sufficient nexus to subject it to state taxes. Because we find that this question is fact-specific and that the record does not show that AOL is entitled to a judgment as a matter of law, we reverse.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/30/02 | |
| Rocky Hitson v. Dept. of Correction
M2001-02903-COA-R3-CV
This appeal involves a dispute between a prisoner and the Department of Correction regarding a disciplinary hearing held at the Northeast Correctional Complex in Mountain City. The prisoner filed a petition for writ of certiorari in the Chancery Court for Davidson County alleging that he had been substantially prejudiced by the Department's failure to follow its disciplinary rules. The trial court, relying on Sandin v. Conner, 515 U.S. 472, 115 S. Ct. 2293 (1995), granted the Department's Tenn. R. Civ. P. 12.02(6) motion and dismissed the petition. The petitioner has appealed. We have determined that the trial court's order should be vacated and remanded for further consideration in light of Willis v. Tennessee Dep't of Corr., ___ S.W.3d ___, 2003 WL 22019138 (Tenn. Aug. 27, 2003).
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/30/02 | |
| Randy Hensley v. Dept of Correction
M2001-02343-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/30/02 | |
| Randy Hensley v. Dept of Correction
M2001-02343-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/30/02 | |
| Jeffrey Simmons v. Gath Baptist Church
M2001-02511-COA-R3-CV
A man arrested for child sexual abuse brought an action against the church he once worked for, as well as against the Department of Children's Services and other governmental agencies, claiming that his arrest was procured by illegal or unconstitutional means. The trial court dismissed the action for failure to state a claim for which relief can be granted, and the passing of the Statute of Limitations. The court further held that the defendant governmental entities were immune from civil liability. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Appeals | 07/30/02 | |
| Barton Hawkins v. Dept of Correction
M2001-00473-COA-R3-CV
Petitioner, a state inmate, filed the underlying pro se petition for writ of certiorari to challenge the result of a prison disciplinary proceeding against him. The trial court dismissed the suit sua sponte for improper venue. Because the legislature has localized venue for actions brought by inmates to the county where the prison facility is located, we affirm the decision of the trial court, but remand for transfer to the appropriate trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 07/25/02 | |
| David Crockett v. Rutherford County
M2000-01405-COA-R3-CV
4899". The Chancery Court of Rutherford County found that the rezoning had "elements" of arbitrariness and capriciousness and amounted to spot zoning; nonetheless, the Court deferred to the Rutherford County Commission, upheld the zoning change, and dismissed the Plaintiff's lawsuit. The issues presented for appeal are whether the Chancellor erred as a matter of law by granting deference to the Rutherford County Commission on the zoning issue in spite of the Court's factual findings in favor of Plaintiff, and whether the Trial Court erred in finding that the zoning amendment did not violate the Establishment Clauses of the United States and Tennessee Constitutions.
Authoring Judge: Judge Jane W. Wheatcraft
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 07/25/02 | |
| Glenna Grissom vs. State
W2001-03021-COA-R3-CV
This is a Claims Commission case that was dismissed for failure to prosecute. In July 2000, the claimant filed a lawsuit with the Tennessee Claims Commission against the State of Tennessee. The State filed its answer in October 2000. In September 2001, the State filed a motion to dismiss for failure to prosecute, relying on Tennessee Code Annotated section 9-8-402(b), which provides for dismissal of a claim with the Claims Commission if the claimant does not take action to advance the claim for a one-year period, unless the claimant received prior written consent from the Commission. In November 2001, the Commission entered an order granting the State's motion to dismiss. On appeal, the claimant argues that the one-year period should be tolled pending a response to her complaint by the State. We affirm, finding that the statutory one-year period began to run when the claim was filed.
Authoring Judge: Judge Holly M. Kirby
|
Court of Appeals | 07/23/02 | ||
| Veriteena Hollins vs. Covington Pike Chrysler-Plymouth
W2002-00492-COA-R3-CV
Ms. Hollins filed suit against Covington Pike Chrysler-Plymouth in general sessions court. On the day of the scheduled trial, Ms. Hollins' counsel announced a judgment for the defendant. Both parties agree that this judgment was announced in order to move the case from general sessions court to circuit court. Ms. Hollins never appealed the judgment. Eleven months later she refiled the case in general sessions court. The sessions court dismissed the case finding it to be res judicata. Ms. Hollins appealed this decision to circuit court. The circuit court granted Covington Pike Chrysler-Plymouth's motion for summary judgment on the basis of res judicata. We agree.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 07/23/02 | |
| Thomas Ponchik vs. Don Paul, et al
W2002-00150-COA-R3-CV
Plaintiff, an inmate at a correctional facility, filed a complaint against the facility's private management company and its employees, alleging violations of prisoner's rights under the United States Constitution. The trial court dismissed the complaint for failure to state a claim upon which relief can be granted. Inmate appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 07/23/02 | |
| Brian Oakley et al. vs. State
W2002-00095-COA-R3-CV
This appeal involves the decision of the Claims Commission to dismiss the claimants' case for failure to prosecute. The claimants filed suit against the State alleging "negligent care, custody, and control of persons" after their father was killed by a juvenile inmate at the John S. Wilder Youth Development Center. The Claims Commission, finding that the claimants had failed to take action in over one year, granted the State's Motion to Dismiss for Failure to Prosecute. The claimants appeal the Claims Commission's order dismissing their case for failure to prosecute.
Authoring Judge: Presiding Judge Alan E. Highers
|
Court of Appeals | 07/23/02 |