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| 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 | |
| Susan Jones vs. Steven Dorrough
E2001-02397-COA-R3-CV
The origin of this appeal was a divorce proceeding between Steven Travis Dorrough and Susan Diane Jones. The question presented is the rights and responsibilities of the parties to a marital dissolution agreement incorporated in the final divorce decree as it relates to a piece of property located at 3003 Keller Bend Road in Knoxville, which had been the parties' marital residence. We affirm in part, vacate in part and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 04/17/02 | |
| Roy R. Ferguson v. State of Tennessee
2001-02158-COA-R3-CV
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Court of Appeals | 04/17/02 | ||
| Ronald E. Walker v. Sherry K. Walker
E2001-01759-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 04/17/02 | |
| Dept of Children's Services vs. C.H.H. In Re: A.N.R.
E2001-02107-COA-R3-CV
The State of Tennessee, Department of Children's Services ("DCS") filed a petition seeking to terminate the parental rights of C.H.H. ("Father"), the biological father of the minor child, A.N.R. ("Child"). The Trial Court granted DCS' petition to terminate Father's parental rights. Father appeals. We affirm as modified and remand.
Originating Judge:Carey E. Garrett |
Knox County | Court of Appeals | 04/17/02 | |
| Pelilia San Juan-Torregosa, et al vs. Engracia Torregosa Garcia, et al.
E2001-02906-COA-R3-CV
Patient in "chronic vegetative state" is on life support, i.e., nutrition by "percutaneous endoscopic gastrostomy". The trial court found by clear and convincing evidence that patient would not want to be subjected to artificial nutrition. However, the court ruled since she had not executed a living will, the court had no authority to authorize discontinuance of the artificial nutrition. On appeal, we reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 04/17/02 | |
| 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 | |
| Cory Staples vs. William Clifton
E2001-01385-COA-R3-CV
Trial Court entered Judgment for plaintiff on malicious prosecution claim. On appeal, plaintiff seeks an additur. Defendant also appeals, arguing there is no evidence to establish the cause of action and damages were not established. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 04/16/02 | |
| Deborah Keller vs. Donald Keller
E2001-01399-COA-R3-CV
Appellant held in contempt by Trial Judge was ordered not to have any guns whatsoever around the parties' minor child. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John B. Hagler, Jr. |
Bradley County | Court of Appeals | 04/16/02 | |
| Hutter vs. Bray, Cohen, Kressin, Hash, Norton, Luhn
E2001-02408-COA-R3-CV
In plaintiff's action for conspiracy, fraud and malicious harassment, the Trial Court dismissed the action for failure to state a claim for which relief could be granted. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:James B. Scott, Jr. |
Blount County | Court of Appeals | 04/16/02 | |
| Eddie Fritz vs. Wanda Fritz
E2001-00145-COA-R3-CV
Eddie LaMartin Fritz ("Husband") filed for divorce alleging inappropriate marital conduct or, in the alternative, irreconcilable differences. Wanda Lorraine Williams Fritz ("Wife") counter-claimed seeking a divorce on the same grounds. The parties eventually agreed how to divide most of their personal property and stipulated to grounds for the divorce. Wife had opened two savings accounts into which she claims she placed funds for the college education of her two daughters from a previous marriage. The Trial Court concluded the funds in these accounts were not marital property, and Husband challenges this conclusion on appeal. Husband also challenges the Trial Court's holding that he be responsible for all of the credit card debt accumulated during the marriage. We modify the division of property, and affirm the judgment as modified.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John S. Mclellan, III |
Sullivan County | Court of Appeals | 04/16/02 | |
| Donna Bunker vs. Roger Finks
E2001-01496-COA-R3-CV
Donna J. (Finks) Bunker ("Mother") and Roger Finks ("Father") were divorced in Ohio in 1993. The parties had two minor children. Mother and the children relocated to Chattanooga, Tennessee, and Father stayed in Ohio. The Ohio Divorce Decree was brought properly before the Tennessee Trial Court. Father filed a petition seeking a change of custody and visitation, while Mother filed a cross-petition seeking an increase in child support. The Trial Court found that while Father proved a material change in circumstances, he failed to carry his burden of showing that a change of custody was warranted. The Trial Court also restricted Father's visitation with the children to take place only in Chattanooga. The Trial Court did not increase Father's child support obligation. Both Father and Mother raise issues on appeal. Father's issues on appeal concern custody and visitation, primarily of the parties' younger child ("Younger Child"). We affirm, as modified, and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 04/16/02 | |
| William Lindgren & Melanie Lindgren vs. City of Johnson City
E2001-01676-COA-R3-CV
Plaintiff was injured by falling on defendant's sewer covering. The Trial Court found for plaintiff and awarded damages against City. On appeal, we affirm finding of liability, but vacate award of damages and remand with instructions to determine the total amount of damages, find percentage of fault, and then enter judgment in accordance with the Governmental Tort Liability Act. We Affirm in Part, Vacate in Part and Remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jean A. Stanley |
Washington County | Court of Appeals | 04/16/02 | |
| Deborah R. Smith and Alan Smith vs. Taco Bell Corporation
E2001-01796-COA-R3-CV
The trial court awarded Deborah Smith ("Plaintiff") $250,000 for injuries received as a result of her fall at Taco Bell. Plaintiff's husband was awarded $10,000 for his loss of consortium claim. On appeal, Taco Bell Corporation ("Defendant") contends the trial court committed reversible error by failing to rule at trial on Defendant's objections made during the depositions of the two primary treating physicians. Defendant also claims the medical proof was insufficient to establish a causal connection between Plaintiff's fall at Taco Bell and her medical condition. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 04/15/02 | |
| In The Matter of the Estate of Nellie Ellis, Charles W. Moore. v. Clyde Green
M2000-01516-COA-R3-CV
This case involves the interpretation of a remainder interest granted in a will. The decedent's husband bequeathed to the decedent a life estate in stock in a family-owned business, with the remainder to go 50% to his "living heirs" and 50% to "some deserving person in the music department at Belmont College." After her husband's death, the decedent purchased the remainder interest in the stock from all of the remaindermen. By virtue of this purchase, the decedent presumed that she owned the stock outright. At her death, her will included a bequest of the stock. Her heirs brought this declaratory judgment action, seeking a declaration that the decedent did not own the stock at her death. They argued that the decedent's purchase of the remainder interest in the stock was invalid because the remaindermen did not own a vested interest in the stock at the time of the husband's death. The trial court found that the case was barred by the statute of limitations and that the decedent had, in fact, acquired 100% ownership in the stock. The heirs now appeal. We affirm, finding that the remaindermen in the husband's will acquired a vested, transmissible remainder interest in the stock at the husband's death.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 04/15/02 | |
| David O'Connell v. Metro Government of Nashville/Davidson County
M2001-00491-COA-R3-CV
The plaintiff in this inverse condemnation action alleged that the State took two parcels of land that belonged to him for a road-widening project, paying compensation to the wrong parties. The trial court referred the question of ownership of the disputed parcels to a special master, who determined that the plaintiff was not entitled to compensation for one of the parcels because title had passed to another party by adverse possession. The trial court affirmed the findings of the special master. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 04/15/02 | |
| Randy Arnwine v. Union County Board of Education,
E2001-02719-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Billy Joe White |
Union County | Court of Appeals | 04/15/02 | |
| Ronald Meredith vs. James Stair
E2001-02852-COA-R3-CV
In this suit seeking damages for breach of contract, Ronald C. Meredith, Jr., and Clinton Broadcasters, Inc., were granted a judgment against James F. Stair in the amount of $84,326. Mr. Stair appeals. His single issue insists that the Trial Court was in error in finding a breach of contract. We disagree and affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 04/15/02 | |
| Watson's Carpet and Floor Coverings, Inc. vs. Rick McCormick, et al
M2000-03101-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Houston M. Goddard |
Williamson County | Court of Appeals | 04/15/02 |