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| Stephen Cantrell v. Martin Sir
M2001-00272-COA-R3-CV
This appeal involves a trial court's grant of summary judgment, which dismissed a doctor's claim for malicious prosecution against an attorney. The attorney had drafted a complaint for a former patient of the doctor that was filed by the patient pro se several years prior to the initiation of the present suit. The patient's claim was ultimately dismissed, prompting the doctor to file suit against the attorney who drafted the complaint. The trial court found that the doctor was unable to show a basis for finding malice or damages and granted summary judgment in favor of the attorney. For the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 04/23/02 | |
| Chattanooga Regional Transportation Authority vs Gerald D. Autry
E2001-01419-COA-R3-CV
This is an appeal by a former employee, Gerald D. Autry, of Chattanooga Area Regional Transportation Authority, seeking unemployment benefits. The Chancellor overturned the determination of the three separate Administrative Tribunals and found Mr. Autry was not entitled to unemployment compensation. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Howell N. Peoples |
Hamilton County | Court of Appeals | 04/23/02 | |
| Lynward Jackson v. Joyce Allen & Billy Allen
M2000-01673-COA-R3-CV
This is a personal injury case. The plaintiff sued the defendants for back injuries he sustained in a car accident. The jury returned a verdict in favor of the plaintiff on several elements of damage, including damages for permanent injury and for future pain and future loss to enjoyment of life. The defendants moved for judgment notwithstanding the verdict on these elements of damage only. The trial judge denied the motion. The defendants now appeal. We affirm, finding that material evidence exists to support the jury's conclusion that the accident partially caused the plaintiff's injuries.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 04/23/02 | |
| Thomas Milam v. Donna Milam
M2001-00498-COA-R3-CV
By decree the husband was ordered to pay $4500 per month in child support and $2500 per month in alimony for forty-eight months. After a change in his employment, Husband petitioned the court for a reduction in alimony and child support. The trial court denied the petition and ordered the husband to pay the wife's attorney's fees. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 04/23/02 | |
| Offroad Performance vs. John Walls
W2001-02563-COA-R3-CV
This is a breach of contract case. The parties had an oral contract for the sale of goods. The plaintiff seller asserted that the parties orally agreed on a price of $23,000; the defendant buyer paid $10,000 in advance of shipment. The buyer maintained that his $10,000 payment was the entire agreed sale price. The trial court found that the sale price was $23,000. The defendant appeals, arguing that Tennessee's statute of frauds prohibited enforcement of the contract beyond the price admitted by the defendant. We affirm, finding that, once the defendant admitted the existence of an oral contract, the trial court could determine the contract's terms based on witness testimony and other relevant evidence.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 04/22/02 | |
| Larry Littles vs. Donal Campbell
W2002-00265-COA-R3-CV
Petitioner, an inmate of the Tennessee Department of Correction, filed a petition for writ of certiorari, seeking judicial review of a disciplinary hearing at which the disciplinary board found him guilty of Conspiracy to Violate State Law and sentenced him to punitive segregation. The trial court granted respondents' motion to dismiss for, inter alia, failure to state a claim. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Martha B. Brasfield |
Lauderdale County | Court of Appeals | 04/22/02 | |
| W2002-00301-COA-R3-CV
W2002-00301-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Martha B. Brasfield |
Lauderdale County | Court of Appeals | 04/22/02 | |
| Richard Madkins vs. State
W2001-03002-COA-R3-CV
Plaintiff was convicted of especially aggravated robbery and attempted felony murder. The trial court sentenced Plaintiff to two consecutive sentences of sixty years for each count. In an opinion filed on March 22, 1999, the Tennessee Supreme Court reversed Plaintiff's conviction for attempted felony murder, concluding that the offense did not exist in Tennessee. On March 28, 2001, Plaintiff sued the State of Tennessee in the Division of Claims Administration. The State filed a motion to dismiss Plaintiff's action, which the Claims Commission granted. Plaintiff appeals the decision of the Claims Commission. We affirm.
Authoring Judge: Judge David R. Farmer
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Shelby County | Court of Appeals | 04/22/02 | |
| Melissa Taylor vs. Terry Taylor Jr.
W2001-02247-COA-R3-CV
Husband moved the trial court to set aside a default judgment and permanent parenting plan in this divorce action on the basis that the final decree and permanent parenting plan differed significantly from the relief sought in the complaint and temporary parenting plan filed by Wife. The trial court denied the motion and Husband appeals. We reverse the decision of the trial court insofar as it failed to grant Husband the relief sought.
Authoring Judge: Judge David R. Farmer
Originating Judge:Joe C. Morris |
Chester County | Court of Appeals | 04/22/02 | |
| Melody Knowles v. Jack Knowles
M2001-01282-COA-R3-CV
Wife sued for divorce on grounds of inappropriate marital conduct and adultery. The trial court granted Wife an absolute divorce, awarded her alimony in futuro and attorney fees, and ordered Husband to pay Wife's health insurance costs. Husband appeals. We reverse in part and affirm in part.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Russell Heldman |
Lewis County | Court of Appeals | 04/19/02 | |
| Ben Houston v. Michele Houston
M2001-02538-COA-R3-CV
In this post-divorce proceeding, the appellant, Ben Thomas Houston (hereinafter "Father"), filed a petition for modification of child support. The trial court increased Father's child support obligation and awarded the appellee, Michelle Houston (hereinafter "Mother"), attorney's fees. Father appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 04/19/02 | |
| Sherry Hall v. Mark Hall
M2000-01788-COA-R3-CV
This is a divorce case. The wife was awarded more than half of the martial assets and alimony in futuro in amounts that would step down after three years and end when the wife reaches retirement age. In addition, the trial court awarded the wife, in lieu of attorney's fees, ownership in a life insurance policy on the husband's life. The husband now appeals the trial court's division of marital property, the award of alimony in futuro, and the award relating to attorney's fees. We affirm the trial court's division of marital property and the award relating to attorney's fees, but we reverse the trial court's award of alimony in futuro and instead award rehabilitative alimony.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Royce Taylor |
Rutherford County | Court of Appeals | 04/19/02 | |
| Dept of Children's Srvcs vs R.M.M., Sr.
E2001-02678-COA-R3-JV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Carey E. Garrett |
Knox County | Court of Appeals | 04/18/02 | |
| Connie Otis vs. Lily Frye
E2001-02848-COA-R3-CV
Plaintiff claimed damages from defendant's motor vehicle sliding into plaintiff's vehicle. The jury returned a verdict for defendant. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Russell E. Simmons, Jr. |
Loudon County | Court of Appeals | 04/18/02 | |
| Charles Montague vs. Ron Street
E2001-02805-COA-R3-CV
Washington County -This is a suit by Charles Montague, an inmate of the Penal System of this State, who was convicted of first degree murder and is presently serving a life sentence. The Defendants are Ron Street, Chief of Police of the City of Johnson City and Washington County.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Jean A. Stanley |
Washington County | Court of Appeals | 04/18/02 | |
| Jack Parks ex rel. Michael Parks vs. Timothy Hopkins
E2001-00830-COA-R3-CV
Jack Parks, in his capacity as Conservator for his son, Michael Parks, sued Timothy Hopkins seeking compensatory and punitive damages based upon allegations essentially reciting that the defendant wrongfully converted funds belonging to the plaintiff's ward, who is apparently incompetent to handle his own affairs. At the conclusion of the plaintiff's proof at a bench trial, the defendant moved to dismiss the complaint pursuant to Tenn. R. Civ. P. 41.02. The trial court found that the complaint was filed outside the applicable statutes of limitations and that the plaintiff had not sustained his burden of proof "under any theory." A judgment was entered dismissing the complaint in its entirety. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 04/18/02 | |
| Truan Meek vs. Earl Hall, dba Hall Realty & Auction
E2001-02474-COA-R3-CV
Sessions Court entered default judgment against defendant. Defendant attempted to appeal to Circuit Court where that Court held appeal was not timely and Court had no jurisdiction. We vacate and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 04/18/02 | |
| E2001-02480-COA-R3-CV
E2001-02480-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:O. Duane Slone |
Sevier County | Court of Appeals | 04/18/02 | |
| Rhea County vs. Town of Graysville
E2001-02313-COA-R3-CV
In this appeal we are called upon to determine whether the Trial Court erred in its finding that the Appellee Town of Graysville's validly annexed certain territory within the boundaries of Appellant Rhea County. We affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Frank V. Williams, III |
Rhea County | Court of Appeals | 04/18/02 | |
| 2001-02062-COA-R3-CV
2001-02062-COA-R3-CV
Originating Judge:Billy Joe White |
Campbell County | Court of Appeals | 04/18/02 | |
| Alexis Johnson and wife vs. Jessie Malone
E2001-02106-COA-R3-CV
Plaintiffs alleged their neighbor's chicken houses constituted a nuisance and sought abatement. The Chancellor determined the operation was not a nuisance. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 04/18/02 | |
| Dept of Children's Srvcs vs R.M.M., Sr.
E2001-02678-COA-R3-JV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Carey E. Garrett |
Knox County | Court of Appeals | 04/18/02 | |
| Effie Louise Hayes vs. Roger Strutton, et al
E2001-01765-COA-R3-CV
Plaintiff/Appellant, Effie Louise Hayes, appeals the Hamilton County Circuit Court's judgment on the pleadings dismissing her complaint wherein she asserted that the Defendants/Appellees, Roger Strutton, Betty Strutton, Gary Lester and Mark Rothberger, defrauded her of real property. We affirm the judgment of the Circuit Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Jackie Schulten |
Hamilton County | Court of Appeals | 04/17/02 | |
| Ronnie Bradfield vs. James Dukes
W2001-02067-COA-R3-CV
Appellant is an inmate housed in the custody of the Tennessee Department of Corrections (TDOC). Appellant filed a writ of certiorari with the trial court asserting that the TDOC violated his rights under the Americans with Disabilities Act and section 1983 of the U.S. Code. Appellant also claimed that the parole board refused to provide scheduled parole hearings in 1994 and 1995. The trial court dismissed the case ruling that a writ of certiorari was not proper in this case, that Appellant did not exhaust his administrative claims, and that the petition was not timely. For the reasons below, we affirm the trial court's dismissal of the case.
Authoring Judge: Judge David R. Farmer
Originating Judge:Martha B. Brasfield |
Lauderdale County | Court of Appeals | 04/17/02 | |
| State vs. Florence Harrell
E2001-01710-COA-R3-CV
In this appeal from the Chancery Court for Union County the Petitioner/Appellant, the State of Tennessee ex rel. Thomas J. Harrell, contends that the Chancery Court erred in denying the State a judgment against the Respondent/Appellee, Florence E. Harrell, for retroactive child support and for reimbursement of AFDC benefits paid by the State on behalf of Mr. Harrell and his and Ms. Harrell's two minor children. We affirm the judgment of the Chancery Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Billy Joe White |
Union County | Court of Appeals | 04/17/02 |