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| Decatur County vs. Vulcan Materials
W2001-00858-COA-R3-CV
This case involves the constitutionality of a mineral severance tax increase. In 1984, the Tennessee General Assembly enacted a public act of statewide application authorizing counties to collect a mineral severance tax, directing that the proceeds of the tax be deposited in the county road fund. In 1987, the General Assembly passed a private act allowing Decatur County to impose a mineral severance tax, but allocating the revenue from the tax to the county's general fund. Decatur County adopted the tax and the proceeds went to the county's general fund. In 1994, the General Assembly amended the private act to provide for an increase in the mineral severance tax. Decatur County adopted the increased rate, and then filed suit against a company that severed minerals from the earth in that county, to collect the mineral severance tax at the increased rate. The mineral company, and three other mineral companies, resisted payment of the tax, arguing inter alia that the tax was unconstitutional under Article XI, Section 8 of the Tennessee Constitution, the equal protection clause, because the proceeds were allocated to the county's general fund, rather than to the county road fund, as directed in the public act authorizing the tax. After a trial, the trial court held that the mineral companies were estopped from arguing that the tax was unconstitutional, and, in the alternative, that the tax was constitutional because the mineral companies failed to show that there was not a rational basis for the allocation of the funds to the county's general fund rather than to the road fund. Both parties appealed. We affirm in part and reverse in part, finding that the mineral companies were not required to pay the tax in protest, that the mineral companies have standing to sue and are not estopped from contesting the constitutionality of the tax, and finally that the tax is constitutional because there is a rational basis for allocating the revenue to the county's general fund rather than to its road fund.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Ron E. Harmon |
Decatur County | Court of Appeals | 05/21/02 | |
| Thomas Nelson vs. Robin Nelson
W2001-01515-COA-R3-CV
In this divorce case, Husband appeals the type and amount of alimony awarded Wife, the award to Wife of his military Survivor Benefit Plan, the calculation of his retirement pay and the award to Wife of her attorney's fees. We have determined, based on this record, that the judgment be modified to reduce the amount of alimony in futuro, but otherwise affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 05/21/02 | |
| Pioneer Subdivision Homeowners vs. Professional Counseling
W2001-03053-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Ron E. Harmon |
Dyer County | Court of Appeals | 05/21/02 | |
| John C. Flowers v. Joseph E. Turner And Connie Turner
W2001-01429-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Appeals | 05/21/02 | |
| Orlando Residence, Ltd. v. Nashville Lodging
M2001-00648-COA-R3-CV
This is an action for damages for the fraudulent conveyance of a Nashville hotel to defeat the rights of a creditor of the original owner. After a trial and two prior appeals, the Chancery Court of Davidson County tried the case on the merits again in August of 2000. The jury returned a verdict in favor of the plaintiffs for $797,615. The defendants assert on appeal that the statute of limitations barred the claim, that the trial court erred in miscalculating the defendants' claim for restitution, and that there is no evidence in the record to support a finding that the transfer was fraudulent. We reverse the lower court's ruling that as a matter of law the statute of limitations had not run. In all other respects we affirm the lower court's judgment.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 05/21/02 | |
| CH-01-0200-2;
CH-01-0200-2;
Originating Judge:Kenny W. Armstrong |
Shelby County | Court of Appeals | 05/21/02 | |
| Huntington Eldridge vs. Deborah Eldridge
W2000-00730-COA-R3-CV
Husband filed for divorce alleging inappropriate marital conduct and irreconcilable differences. Wife countersued on the same grounds. After a lengthy trial, the court awarded Husband the divorce. Wife appeals several aspects of the court's decision, including the distribution and classification of the parties' property, child support, and alimony. Wife also contends that the court was biased against her and created an appearance of impropriety. Husband also raises issues on appeal. We affirm in part, reverse in part, and remand the case for further proceedings.
Authoring Judge: Judge David R. Farmer
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 05/21/02 | |
| Joan Loreva Kreth v. Timothy Kerwin Kreth
W2002-00983-COA-R10-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 05/20/02 | |
| Klosterman Development v. Outlaw Aircraft Sales
M2001-02586-COA-R3-CV
This case involves a contract for the sale of an aircraft. By amended complaint, plaintiff-purchaser sued seller and seller's agent for rescission of the contract and defendant-seller, by counter-claim, sought the amount due for repairs made on the aircraft pursuant to the contract. The trial court ordered the contract rescinded but failed to make provisions to put the parties in status quo. The purchaser, seller's agent, and seller appeal. We reverse the judgment of the trial court as it pertains to seller's agent, modify the judgment for rescission to include provisions of restoring the status quo of the parties. The judgment is affirmed as modified.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 05/16/02 | |
| Vivian Warner, Admin. Est. of Maude Frazier vs. Dewey Frazier
E2001-02126-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Steven C. Douglas |
Cumberland County | Court of Appeals | 05/15/02 | |
| Willa Huskey vs. Jerry Martin
E2001-02312-COA-R3-CV
This is a property line dispute. The defendant Jerry Martin appeals the trial court's finding that the parties' shared boundary line is as alleged in the original complaint. Martin argues that the evidence preponderates against the trial court's factual findings regarding the location of the boundary line. We affirm the trial court's judgment.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jerri S. Bryant |
Monroe County | Court of Appeals | 05/15/02 | |
| Vivian Warner, Admin. Est. of Maude Frazier vs. Dewey Frazier
E2001-02126-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Steven C. Douglas |
Cumberland County | Court of Appeals | 05/15/02 | |
| The Polk County Board of Education vs. The Polk County Education Association
E2001-02390-COA-R3-CV
A declaratory judgment action was filed by the Polk County Board of Education ("The Board") seeking a declaration that it did not have to arbitrate two grievances filed by the Polk County Education Association ("Association") after the Board unilaterally implemented two new policies. The policies at issue involve increasing the workday of the teachers by 30 minutes by requiring teachers to perform "bus duty", and implementation of a dress code. The trial court held that lengthening the workday was a matter suitable for arbitration, but concluded the dress code was not. We affirm the trial court's conclusion as it pertains to lengthening the workday, but vacate and remand for further proceedings its decision on the arbitrability of the dress code.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Jerri S. Bryant |
Polk County | Court of Appeals | 05/15/02 | |
| In Re: Adoption of A.B.K.
E2001-02199-COA-R3-CV
Presented with competing petitions for adoption, the trial court terminated the parental rights of W.T.D., Jr. ("the biological father") to his natural daughter, A.B.K. ("the subject child"). The trial court based termination on the failure of the biological father to visit the subject child; it made the order of termination a final judgment pursuant to the provisions of Tenn. R. Civ. P. 54.02. The biological father appeals, contending, among other things, that the trial court erred in terminating his parental rights. The trial court has reserved a ruling on the competing petitions to adopt pending a resolution of this appeal. Under the unique circumstances of this multiple-petition case, we find that the trial court should resolve all matters, including the issue of adoption, before this case is ripe for appeal. Accordingly, we vacate the trial court's Rule 54.02 designation and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas R. Frierson, II |
Hawkins County | Court of Appeals | 05/15/02 | |
| City of Sevierville vs. Bill Green
E2001-02467-COA-R3-CV
This appeal from the Sevier County Circuit Court questions whether the Trial Court erred in awarding landowners compensation for incidental damages to their property because the City of Sevierville changed the frontage access to their property from unlimited access to restricted access. We affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Richard R. Vance |
Sevier County | Court of Appeals | 05/15/02 | |
| Michael Couillard vs. Martha Couillard
E2001-01770-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Thomas J. Seeley, Jr. |
Carter County | Court of Appeals | 05/14/02 | |
| David Ralph Liles, et al. v. Rebecca Sue Mitchell, et al.
M2001-02037-COA-R3-CV
Mark Steven Blair appeals the action of the trial judge in granting custody of his minor child, born out of wedlock, to the maternal grandparents. Finding that a substantial risk of harm might occur to the minor child if custody was placed with Mr. Blair and that the biological mother of the child was incarcerated, the trial court vested custody of the child in the maternal grandparents with substantial visitation rights given to Mr. Blair, the biological father. We affirm the judgment of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Clara W. Byrd |
Wilson County | Court of Appeals | 05/14/02 | |
| James Williams v. Salvadore Valdez v. TAPCO Underwriters
M2001-00666-COA-R3-CV
In an action brought by an insured against his insurer for indemnity, the trial court entered judgment after the defendant insurer moved for involuntary dismissal under Tenn. R. Civ. P. 41.02. We vacate the judgment and remand. In an action brought by an insured against his insurer for indemnity, the trial court entered judgment after the defendant insurer moved for involuntary dismissal under Tenn. R. Civ. P. 41.02. We vacate the judgment and remand.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 05/14/02 | |
| Jan W. Gamble v. Alex Grady Gamble, Iii
2001-01392-COA-R3-CV
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 05/14/02 | |
| Michael Watkins v. Greg Fitzgerald
M2000-03197-COA-R3-CV
This case originated in the General Sessions Court of Davidson County wherein Greg Fitzgerald filed an unlawful detainer warrant against Michael Watkins relative to real property at 1127 Delmas Avenue in Nashville. Then, Michael Watkins filed an action against Fitzgerald for wrongfully evicting him from the same property. Mr. Watkins then filed a civil warrant against Constance Regina Wilson and Curtis Sharp, Jr. for breach of contract asserting an agreement between the parties relative to the same real estate. Judgments of the general sessions court were appealed to the circuit court, consolidated and heard in circuit to the end that circuit court judgments were rendered in favor of Fitzgerald, Wilson and Sharp, and against Michael Watkins. From these judgments Watkins appeals and we affirm the judgment of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 05/14/02 | |
| Carol Soloman v. Klebber Murrey
M2001-00806-COA-R3-CV
Before their marriage, the parties signed a pre-nuptial agreement, which among other things, declared their intention to "equally divide any and all living expenses." When they divorced, the trial court enforced the agreement, and ordered the husband to reimburse the wife for her far greater contribution to such expenses during the course of the marriage. The husband argues on appeal that the living expenses provision should not have been enforced, because it is contrary to public policy. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Donald P. Harris |
Davidson County | Court of Appeals | 05/14/02 | |
| Christine Bilyeu vs. Bobby Bilyeu
E2001-01556-COA-R3-CV
The Trial Court ordered the parties divorced and classified and divided marital property. Both parties appeal. We affirm, as modified.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Steven C. Douglas |
Cumberland County | Court of Appeals | 05/14/02 | |
| Emily Lewis vs. Life Care Centers of America
E2001-01812-COA-R3-CV
Emily Lewis, a student enrolled in a Certified Nursing Assistant's training program operated and supervised by Nursetrainers, Inc., sues Life Care Centers of America, Inc. The suit seeks damages for injuries resulting to Ms. Lewis, who was taking training to become a Certified Nursing Assistant. As a result of Life Care's negligence, the original complaint alleged several other causes of action, all of which have been abandoned on appeal. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 05/14/02 | |
| Christina Fortenberry vs. G.T.George
E2000-02984-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 05/14/02 | |
| Hilton Jeffries v. TDOC
M2001-02300-COA-R3-CV
This appeal involves a prison disciplinary proceeding. A prisoner at the Southeast Regional Correctional Facility was charged with four serious disciplinary infractions. He pleaded guilty to three charges, and a prison disciplinary board found him guilty of the fourth. The board placed the prisoner in punitive segregation for five days and ordered him to pay $810 in restitution from his inmate trust fund account. The prisoner filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County alleging (1) that his guilty pleas had been coerced and (2) that he had been denied due process on the fourth charge by the board's failure to provide him twenty-four hours notice of the hearing and its interference with his opportunity to present exculpatory evidence. The trial court granted the Tennessee Department of Correction's motion for summary judgment and dismissed the prisoner's petition. We have determined that the trial court erred by granting the summary judgment with regard to the $810 restitution order because the record contains material factual disputes regarding whether the prisoner waived his right to twenty-four hours notice of the hearing and whether the board refused to permit him to call an exculpatory witness.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 05/14/02 |