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| Alberta Dodson v. James Dodson
M2000-01682-COA-R3-CV
The trial court awarded a divorce to the parties, and ordered the husband to pay $1,000 per month as alimony in futuro. In light of the needs of the wife, and of the husband's ability to pay, we increase the alimony award to $1,500 per month.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 05/10/02 | |
| William T. Tarpley, v. Ron Searcy, et al.
M2000-03094-COA-R3-CV
The Circuit Court of Davidson County affirmed an arbitrator's award despite the opponent's claim of the arbitrator's bias and of erroneous calculations. We affirm.
Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Judge Marietta M. Shipley |
Davidson County | Court of Appeals | 05/07/02 | |
| Faye R. Taylor v. Andrew R. Dyer, et al.
M2001-00967-COA-R3-CV
In a non-jury trial, the Circuit Court of Davidson County awarded $10,920 to a plaintiff injured in a rear-end collision. The defendants assert on appeal that the court erred in allowing the plaintiff to supplement her trial proof with her doctor's statement that his charges were reasonable and necessary. In addition, the defendants assert that most of the medical expenses included in the plaintiff's award were not caused by the accident. We affirm the judgment of the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Carol L. Soloman |
Davidson County | Court of Appeals | 05/07/02 | |
| Hannah Robinson v. Charles C. Brewer, et al.
W2001-01745-COA-R3-CV
This is an automobile collision personal injury case. Plaintiff-motorist was stopped in a thru-traffic lane over the crest of a hill behind a vehicle attempting to make a left turn off of the highway. The defendant-motorist came over the crest of the hill and struck the plaintiff-motorist in the rear, causing injuries to the plaintiff. Judgment was entered on a jury verdict for the defendant that the defendant was not at fault in the accident. Plaintiff appeals. We affirm.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Roger A. Page |
Madison County | Court of Appeals | 05/03/02 | |
| Jeffrey Crouch, et al v. Bridge Terminal Transport, Inc.
M2001-00789-COA-R3-CV
This appeal involves a trial court's refusal to grant class action status to plaintiffs' claims for breach of contract and promissory fraud. Plaintiffs filed suit against defendant alleging that identical contracts between proposed class members and defendant were breached and that defendant's conduct amounted to promissory fraud. The trial court held that plaintiffs failed to show that issues of law and fact common to the class predominated over individual questions and refused to certify the class. Plaintiffs were granted this interlocutory appeal to review the trial court's decision on class certification. For the following reasons, we affirm the decision of the trial court.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 04/30/02 | |
| James D. Leckrone v. James D. Walker, et al.
M1998-00974-COA-R3-CV
This appeal arises from a dispute over the proceeds from the sale of a Florida condominium unit once owned by a Tennessee partnership but titled in the name of two of its partners. When the successor to the partnership's interest in the unit undertook to sell it, one of the owners of record agreed to sign the deed only if the proceeds were placed in escrow while the parties attempted to resolve his claim to one-half of the funds. When the parties failed to agree on a distribution of the proceeds, the escrow holder filed an interpleader action in the Chancery Court for Davidson County. Following a bench trial, the trial court awarded the escrowed proceeds to the partnership's successor after determining that the owner of record was estopped to invoke the statute of frauds to defeat the successor's claim. We have determined that the trial court reached the correct result because the owner of record no longer possessed a beneficial interest in the unit. Accordingly, we affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 04/30/02 | |
| Michael John Durant v. Lorrie Diane Durant
M2001-00691-COA-R3-CV
This appeal concerns the dissolution of a twelve-year marriage. The trial court granted the husband a divorce on the grounds of inappropriate marital conduct. The court distributed the parties' property and awarded custody of the couple's two minor children to the husband. The court also enforced a contract the parties entered into prior to the divorce wherein the husband agreed to purchase the wife's share of the marital residence. The wife appeals. We affirm the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 04/30/02 | |
| Michael Delaney Galligan v. Linda Medders Galligan
M2001-00619-COA-R3
Originating Judge:Robert E. Corlew, III |
Warren County | Court of Appeals | 04/30/02 | |
| Dudley G. Boyd, et al. v. Comdata Network, Inc., et al.
M2000-00949-COA-R9-CV
This appeal involves a discovery dispute implicating the common interest privilege and the work product doctrine. After filing suit in the Chancery Court for Williamson County to rescind their guaranties, the individual guarantors of a corporate debt served interrogatories and requests for production of documents on the creditor seeking copies of all written communications between the creditor and the corporation from which the creditor had purchased the corporate debt. The creditor objected to the production of documents involving its negotiation of a joint defense agreement with the original creditor and the drafts of an agreement to repurchase the corporate debt. The trial court directed the creditor to produce both categories of documents but permitted the creditor to pursue an interlocutory appeal. We granted the interlocutory appeal to address the application of the common interest privilege and the work product doctrine. We have determined that the common interest privilege shields the documents relating to the joint defense agreement from discovery and that the work product doctrine likewise protects the drafts of the repurchase agreement. Accordingly, we reverse the trial court's order compelling the production of these documents.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 04/30/02 | |
| Nancy E. Cotter v. Ted A. Burkhalter, et al.
M2000-03183-COA-R3-CV
This appeal arises from an action by a Trustee against: (1) Ted A. Burkhalter (Burkhalter), an accountant/attorney, and the accounting firm, Burkhalter, Ryan & Co., P.C., for professional malpractice; (2) Burkhalter, a former co-trustee, for alleged breach of fiduciary duties; (3) Burkhalter and his partner, Linda Resha, in a general partnership, for alleged conspiracy to defraud and convert funds from the trust; and (4) Prudential Securities, Inc. for breach of fiduciary duty by allegedly permitting the diversion of funds by Burkhalter. The Chancery Court granted summary judgment in favor of Burkhalter and Burkhalter-Ryan finding that the malpractice claims were time-barred. The Chancery Court also granted summary judgment in favor of Prudential Securities finding that Prudential had not breached a fiduciary duty to the trust. Following a bench trial on the remaining issues, the Chancery Court found that the plaintiff/appellant was judicially estopped from pursuing the claims against Burkhalter for alleged breach of fiduciary duties as a trustee, and found in favor of Burkhalter and Resha on the claim of conspiracy to divert funds, finding there was insufficient evidence to establish that a conspiracy existed. We affirm.
Authoring Judge: Judge Frank Clement, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 04/30/02 | |
| Lidell Russell vs. City of Memphis
W2001-01307-COA-R3-CV
This is an appeal from a wrongful death action brought against the City of Memphis pursuant to the Governmental Tort Liability Act. The trial court granted summary judgment to the City of Memphis, finding that at the time of the accident giving rise to this action its employee was not acting within the scope of his employment. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 04/25/02 | |
| 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 | |
| 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 | |
| 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
|
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 | |
| 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 | |
| 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 | |
| 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 |