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| Cheryl Nichols v. Transcor America
M2001-01889-COA-R9-CV
A female prisoner who was allegedly raped by an employee of TransCor America, Inc., an inmate transportation company, brought suit against the company for negligence and breach of contract. The trial court granted partial summary judgment to the defendant company on the negligence claim, ruling among other things that it is not a common carrier under Tennessee law. The court also denied the company's motion for summary judgment on the plaintiff's contract claim. Both parties filed applications for an interlocutory appeal, which we granted. We affirm the trial court as to both issues.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 06/25/02 | |
| Kasiea Chance vs. Carl Gibson
E2001-02836-COA-R3-JV
This is a suit by Kasiea Delawn Chance, adult daughter of Kayla D. Leonard, and Ms. Leonard, who joins in the prosecution of this suit against Carl Dennis Gibson, Jr., seeking to establish his paternity as to Ms. Chance and recover support from the date of Ms. Chance's birth, medical expenses incident thereto, and attorney fees. We affirm in part; vacate in part and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Jeffrey D. Rader |
Sevier County | Court of Appeals | 06/25/02 | |
| Jonathan H. vs. James Stewart
E2001-02485-COA-R3-CV
This is a suit brought by Jonathan H., through his mother and next friend, Lisa S., and Lisa S., individually, seeking by means of a writ of certiorari and supercedes, to reverse a determination of the Anderson County School Board expelling Jonathan H. for one year because the Board found that he had violated its zero tolerance policy by possessing drugs on a school campus. We vacate the judgment below, dismiss the appeal and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 06/25/02 | |
| Dairy Gold vs. Michael Thomas
E2001-02463-COA-R3-CV
In this dispute over a commercial lease, the Chancellor entered Judgment for lessor for limited rents, taxes and attorney's fees. On appeal, we affirm. In this dispute over a commercial lease, the Chancellor entered Judgment for lessor for limited rents, taxes and attorney's fees. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 06/25/02 | |
| Kelly Dean and Lara Lynn Brisco vs. National Union Fire Insurance Company of Pittsburgh, Pennsylvania
E2001-02311-COA-R3-CV
In this declaratory judgment action, the trial court held operation of the company's vehicle by the wife of the employee was covered under company's insurance policy. On appeal, we affirm
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Richard E. Ladd |
Sullivan County | Court of Appeals | 06/24/02 | |
| John Doe v. Commissioner George W. Hattaway of The
2001-02732-COA-R3-CV
Originating Judge:Billy Joe White |
Claiborne County | Court of Appeals | 06/24/02 | |
| Guy R. Jenkins, et al vs. Dan Gibbs
E2001-01802-COA-R3-CV
After a dispute arose over the ownership of 1000 shares of stock in City Bonding Company ("City Bonding"), Guy Jenkins and Aubrey Allen Jenkins ("Plaintiffs") sued Dan Gibbs ("Defendant") seeking a determination as to how many shares of stock were owned by the various parties. Guy Jenkins also claimed Gibbs unlawfully procured the breach of a contract Guy Jenkins had with City Bonding. The trial court granted Gibbs summary judgment on the unlawful procurement of breach of contract claim. After a trial on the remaining issues, the trial court determined Gibbs owned 490 shares of stock, Guy Jenkins owned 255 shares, and the remaining 255 shares were unissued. All parties appealed the trial court's determination with respect to ownership of the stock. Guy Jenkins also appealed the granting of summary judgment on his claim against Gibbs for unlawful procurement of breach of contract. We vacate the summary judgment granted to Gibbs and affirm the judgment in all other respects.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 06/24/02 | |
| Mary Trew, d/b/a Trew's Wrecker vs. David Haggard
E2001-02183-COA-R3-CV
Trew's Wrecker Service and the Roane County Sheriff's Department entered into an oral contract regarding towing and storage services for vehicles seized by the Sheriff's Department in drug interdiction and DUI enforcement matters. The parties dispute many of the terms of the oral contract, including how much Trew's Wrecker Service was to be paid for towing and storage and when the Sheriff's Department was required to hold a sale of the seized vehicles in order to clear the wrecker service lot. Mary Trew, d/b/a Trew's Wrecker Service ("Plaintiff"), sued the Roane County Sheriff's Department and Sheriff David B. Haggard ("Defendants") for "breach of contract, and benefits conferred." The Trial Court awarded damages based upon a $45 per vehicle towing and storage charge for 83 vehicles. Plaintiff appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Russell E. Simmons, Jr. |
Roane County | Court of Appeals | 06/24/02 | |
| Donald Tangwall vs. Patrick Stapleton
E2001-02121-COA-R3-CV
Plaintiff filed a Petition in bankruptcy and subsequently filed suit in Circuit Court, claiming damages against defendants. The Trial Court dismissed plaintiff's action. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 06/24/02 | |
| Jerry Walker v. Ricky White
M2001-02438-COA-R9-CV
This is an interlocutory appeal by permission which raises issues of first impression concerning the federal Right to Financial Privacy Act and the Tennessee Financial Records Privacy Act. We first must determine whether state courts retain concurrent jurisdiction to resolve claims brought against a bank by its customer arising under the federal Act. We hold that federal court jurisdiction under the Act is permissive. State courts therefore retain concurrent jurisdiction over such claims. We further hold that the Tennessee Financial Records Privacy Act is not applicable to federal agencies which issue subpoenas for bank records. The furnishing of information pursuant to a subpoena issued by a federal agency is governed in Tennessee by the federal Right to Financial Privacy Act. Accordingly, we affirm the trial court's order denying summary judgment on these issues to the Defendant.
Authoring Judge: Judge David R. Farmer
Originating Judge:John D. Wootten, Jr. |
Macon County | Court of Appeals | 06/20/02 | |
| Carolyn Jones v. TennCare
M2001-01065-COA-R3-CV
Beginning in 1994, the Bureau of TennCare ("TennCare") provided insurance coverage for home health services for one its enrollees, Carolyn Jones ("Jones"), who is bed-ridden due to rheumatoid arthritis. In 1997, TennCare denied Jones coverage for home health services, and Jones appealed this determination. The Administrative Law Judge held TennCare was not required to provide coverage for home health services to Jones because the services are not medically necessary for her. Under the Uniform Administrative Procedures Act, Jones appealed the administrative agency's determination to the Chancery Court of Davidson County ("Trial Court") which affirmed the determination. Jones now appeals to this Court. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 06/20/02 | |
| James Kelley v. John Cage
M2001-00702-COA-R3-CV
This appeal involves the granting of a summary judgment motion in a medical malpractice case. The issue is whether the trial court properly granted summary judgment on the basis that there was never a physician/patient relationship between the decedent, Lillie Donnette Kelley, and Dr. John Cage, a cardiologist, and an employee of Mid-State Cardiology Associates, P.C..
Authoring Judge: Judge Jane W. Wheatcraft
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 06/18/02 | |
| Frank Porter v. Ralph Freedle
M2001-01892-COA-R3-CV
This appeal involves a dispute over a roadway easement and interests in the use of a spring and springhouse. The chancery court determined that appellants abandoned the interest in the roadway easement and access to a spring and springhouse and dismissed appellants' suit for an injunction. Appellants challenge the chancery court's decision that the rights were abandoned. As discussed below, we affirm the judgment of the chancery court that there was clear, unequivocal evidence that appellants abandoned any interest.
Authoring Judge: Judge Walter C. Kurtz
|
Robertson County | Court of Appeals | 06/18/02 | |
| Patrick McGee v. Timothy Best
M2001-01365-COA-R3-CV
This case involves the termination of membership and employment of a member of an LLC. The terminated member and employee filed suit against the LLC and the other members thereof alleging breach of contract, breach of covenant of good faith and fair dealing, breach of fiduciary duty, civil conspiracy, unfair competition, fraud, and misrepresentation. The trial court granted defendants' motion for judgment on the pleadings as to all claims except the claim for breach of contract and breach of the covenant of good faith and fair dealing. Thereafter, the trial court granted defendants' motion for summary judgment on the remaining two claims. Plaintiff appeals. We affirm, modify, reverse in part, and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 06/18/02 | |
| David Stovall v. Christopher Dunn
M1999-00200-COA-R3-CV
This appeal involves a state prisoner's civil rights action against a private lawyer appointed to represent him in a post-conviction proceeding. The prisoner filed suit against his former lawyer in the Circuit Court for Maury County alleging that the lawyer, motivated by racial bias, had intentionally deprived him of an opportunity to seek appellate review of an adverse decision of the Tennessee Court of Criminal Appeals and had refused to provide him with his case file. The lawyer moved for summary judgment on the ground that the prisoner's complaint was barred by the statute of limitations. The trial court granted the summary judgment, and the prisoner has appealed. We have determined that the trial court erred by granting the summary judgment because there is a genuine factual issue regarding whether the prisoner's complaint is time-barred.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Jim T. Hamilton |
Maury County | Court of Appeals | 06/11/02 | |
| Victor R. Wingo v. Tennessee Department of Correction
W2002-00312-COA-R3-CV
Petitioner, an inmate in custody of the Tennessee Department of Correction, filed a petition for writ of certiorari seeking judicial review of a disciplinary hearing wherein the inmate was found guilty of assault and strong arm activity and received a deduction of one-year in good time and was upgraded to maximum security. The trial court granted respondent's motion to dismiss for failure to state a claim. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor Martha B. Brasfield |
Lauderdale County | Court of Appeals | 06/07/02 | |
| Discount Communications, Inc., v. BellSouth Telecommunications, Inc.
M2000-02924-COA-R12-CV
Discount Communications, Inc. purchases telephone services from BellSouth Telecommunications, Inc. and resells the services at an increased rate to Discount's own residential and commercial customers. Some of Discount's customers qualify for a Federal Communication Commission program called Lifeline, which provides telephone services at a reduced rate through federal and state subsidies. BellSouth and Discount got into a dispute about whether their agreement required BellSouth (1) to provide directory assistance to Discount's customers and (2) to pass the $3.50 per month state subsidy through to Discount. The Tennessee Regulatory Authority decided that the agreement required BellSouth to provide directory assistance at no charge to Discount's customers and that BellSouth was not required to forward the $3.50 monthly charge to Discount. We affirm.
Authoring Judge: Presiding Judge Ben H. Cantrell
|
Davidson County | Court of Appeals | 06/07/02 | |
| Michael Baral v. George Joshua Bombard
M2000-02429-COA-R3-JV
This appeal arises from a dispute over the custody of Austin Bombard, a minor child, and the termination of George Bombard's parental rights on a finding of abandonment. The trial court dismissed the father's Petition for Custody and granted custody of the child to Jocelyn and Michael Baral, the child's maternal aunt and uncle. Mr. Bombard challenges the termination of his parental rights and the trial court's custody order. We affirm the trial court's termination of the father's parental rights and custody order. Costs of this appeal shall be assessed to the appellant.
Authoring Judge: Judge Don R. Ash
Originating Judge:Judge Betty Adams-Green |
Davidson County | Court of Appeals | 06/05/02 | |
| Fleet One, LLC., v. John Cook, et al.
M2001-03048-COA-R3-CV
This appeal challenges the dismissal of a defendant. The circuit court granted John Cook's Tenn. R. Civ. P. 41.02 motion for involuntary dismissal and found that he did not personally guarantee the debt of Bennett Hill Spring, LLC when he signed the Credit Application as "Operations Manager." Appellant challenges the circuit court's decision to grant the motion which dismissed John Cook as an individual defendant. As discussed below, we affirm the judgment of the circuit court granting John Cook's motion for involuntary dismissal. The circuit court was correct that, from a reading of the contract as a whole, it is not apparent that John Cook personally guaranteed payment by signing the Credit Application.
Authoring Judge: Special Judge Walter C. Kurtz
Originating Judge:Judge John D. Wooten |
Macon County | Court of Appeals | 06/05/02 | |
| Tanya Plattenburg v. Talley, Basham & Basham, Rogers Group, & John Doe, & State Farm Insurance
M2001-01779-COA-R3-CV
The Trial Court dismissed plaintiff's action, pursuant to Tenn. R. Civ. P. 41.02, for failure to pay costs which had been assessed as a sanction. On appeal, we affirm, as modified.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Judge John W. Rollins |
Coffee County | Court of Appeals | 06/05/02 | |
| Marshall Moffett v. Dept. of Correction
M2001-03011-COA-R3-CV
Petitioner filed, pro se, a "Petition for Nunc Pro Tunc" in which he asserted that he was presently confined and that the defendant added 1775 days to his sentence unlawfully. The trial court granted the defendant's Motion for Summary Judgment and we affirm the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 05/31/02 | |
| State v. John Phillips
M2001-02396-COA-R3-CV
This appeal involves the forfeiture of two motorcycles and $15,910 seized by the District Attorney General for the Twentieth Judicial District as part of a proceeding to abate a motorcycle club as a nuisance. The owners of the club requested the Criminal Court for Davidson County to return the motorcycles and cash because they had not been used to maintain or conduct the motorcycle club. The trial court conducted a bench trial and ordered that the property be forfeited. The motorcycle club's owners have appealed. We have determined that the evidence supports the forfeiture order with regard to the two motorcycles and all but $680 of the cash.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Steve R. Dozier |
Davidson County | Court of Appeals | 05/31/02 | |
| J.D. Hickman v. Board of Parole
M2001-02346-COA-R3-CV
Inmate filed a motion for declaratory relief regarding his rights to access certain materials held by the Board of Probation and Parole and sought an order from the trial court mandating the production of those materials at the expense of the Board. The trial court denied the motion for summary judgment filed by the inmate and dismissed the action in its entirety because the requirements for a mandatory injunction had not been met, but stated that the inmate was not prohibited from again seeking the materials by identifying the specific documents he wanted copied and paying in advance for the copies. We affirm the trial court's decision to deny the motion for summary judgment, but reverse the dismissal and remand.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 05/31/02 | |
| Deborah Coates v. Thomas Coates
M2001-01928-COA-R3-CV
This appeal arose after the trial court rejected the father's petition to reduce child support. Because the father showed a substantial variance between the amount of child support he was ordered to pay and the amount of child support called for under the guidelines, we reverse the trial court's order denying modification prospectively. Because the court originally awarded support from the father's property, we affirm the denial of modification of that portion of the child support award.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Stella L. Hargrove |
Maury County | Court of Appeals | 05/31/02 | |
| Dan Johnson v. Department of Correction
M2001-02424-COA-R3-CV
This appeal involves a dispute between a prisoner and the Tennessee Department of Correction regarding historical sentencing information contained in his records. The prisoner filed a petition for writ of mandamus in the Chancery Court for Davidson County seeking an order directing the Department to remove an outmoded release eligibility date from his records and to certify him as eligible for parole. The trial court granted the Department's motion for summary judgment, and the prisoner has appealed. We affirm the judgment because the manner in which the Department maintains its records is not a ministerial function and because the prisoner does not have a legal right to require the Department to maintain his records in any particular way.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 05/31/02 |