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| Tennsco Corp. v. Elias Attea
M2001-01378-COA-R3-CV
This is a complaint to remove a cloud on the title to two parcels of property. The Chancery Court of Williamson County granted summary judgment to the plaintiff, holding that as a matter of law a restrictive covenant in a prior deed in the plaintiff's chain of title did not run with the land and did not create an equitable servitude. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:R.E. Lee Davies |
Williamson County | Court of Appeals | 03/20/02 | |
| Sue Ann Bowser v. John Bowser
M2001-01215-COA-R3-CV
Prior to a determination on a complaint for divorce filed by Ms. Bowser, the trial court found the parties to be married pursuant to the common law of Ohio after their first divorce in that state in 1984. The trial court then classified and distributed the marital property and denied Ms. Bowser's request for rehabilitative or in futuro alimony. We affirm the decision of the trial court finding that a common law marriage existed, affirm the trial court's distribution of property, modify the alimony decision and remand the cause for further proceedings consistent with this opinion.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Jim T. Hamilton |
Maury County | Court of Appeals | 03/20/02 | |
| Charles Chapman v. Kathy Kelley
M2001-00928-COA-R3-CV
This is an appeal from the trial court's dismissal of an action filed by Plaintiff against the Maury County Circuit Court Clerk and the Maury County Deputy Circuit Court Clerk. This case concerns the application of the qualified judicial immunity defense and the related question of whether the trial court abused its discretion in refusing to allow the Plaintiff to amend the original complaint under Rule 15 of the Tennessee Rules of Civil Procedure. The gravamen of Plaintiff's original complaint is that the Plaintiff suffered damages as a result of negligence of the Deputy Court Clerk by her alleged negligent administration of the criminal court docket that ultimately led to the wrongful arrest and incarceration of the Plaintiff based on a capias issued by the judge. The Defendant Maury County Circuit Court Clerk, who was sued for negligent supervision, interposed the defense of qualified judicial immunity and upon a motion to dismiss, the trial judge dismissed the case against the Maury County Circuit Court Clerk. A Maury County Deputy Circuit Court Clerk was originally sued as Jane Doe for negligent administration of the criminal court docket; when the Deputy Clerk's identity was revealed, the Plaintiff amended his complaint to specifically name her. Subsequently, a second motion to dismiss was filed by the Maury County Deputy Circuit Court Clerk, likewise interposing the defense of qualified judicial immunity. The Plaintiff filed a motion to alter or amend the original dismissal as to the Maury County Circuit Court Clerk and the Plaintiff also filed a second motion to amend the original complaint to allege reckless conduct on the part of the Clerk and the Deputy Clerk. The trial court overruled the motion to alter or amend the original dismissal of the action against the Maury County Circuit Court Clerk , granted the motion to dismiss as to the Maury County Deputy Circuit Court Clerk, and denied Plaintiff's motion to amend. For reasons stated below, the court affirms the action of the trial court.
Authoring Judge: Judge Hamilton V. Gayden, Jr.
Originating Judge:Stella L. Hargrove |
Maury County | Court of Appeals | 03/20/02 | |
| Tammy Pierce v. Michael Pierce
M2001-01727-COA-R3-CV
In 1994, a father, who had failed to comply with a child support order, was sentenced to jail for six months or until he paid the arrearage of $23,800. A month later the trial court suspended the sentence upon the defendant's promise to pay $10,000 immediately and to pay the balance by October 15, 1995 in quarterly installments. The order provided that if the defendant failed to meet the conditions in the suspension order the suspended sentence would be revoked if the mother filed an appropriate motion. In 2001, the trial court found the defendant guilty of criminal contempt and ordered him to serve the balance of the six month sentence for failing to comply with the 1994 suspension order. We reverse the order finding the defendant in criminal contempt.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 03/19/02 | |
| Maurice Schwegman v. Shelby Howard
M2001-00845-COA-R3-CV
Maurice Schwegman filed a complaint alleging claims for breaches of fiduciary duty by appellees, Shelby D. Howard and Malcolm L. Greeno, in their capacity as shareholders with Schwegman in a closely held corporation, breaches of fiduciary duty by Howard and Greeno in their capacity as officers and directors of the closely held corporation, and for breach of contract between Howard and Schwegman with respect to the assignment of an interest in another closely held company. The chancellor granted the appellees' motion for summary judgment and dismissed the case. We reverse as to the breach of contract issue and affirm as to all other issues.
Authoring Judge: Judge Buddy D. Perry
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 03/19/02 | |
| Gordon McCammon v. William Gifford
M2001-01357-COA-R3-CV
This appeal involves a guest of two residents of a campground who was badly burned when a can of paint thinner ignited in his hosts' camper. The guest filed a negligence action in the Circuit Court for Davidson County against his hosts and the owner of the campground. The trial court dismissed the claims against the owner of the campground on summary judgment after concluding that the owner's duty to render aid ended once the guest's brother undertook to provide this assistance. We affirm the summary judgment because the record contains no evidence that the guest's brother was incompetent to come to his aid.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 03/19/02 | |
| George Hamilton, V v. Stardust Theatre
M2001-00678-COA-R3-CV
A singer/songwriter brought a copyright infringement suit against a country music theater, its manager and its owner. The defendants admitted to the unlicenced use of the plaintiff's trademark, but argued that the plaintiff did not suffer any damages from their infringement. The trial court did not agree, and awarded the plaintiff over $90,000. We reverse in part, because we believe that the evidence preponderates against the court's award of damages.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 03/19/02 | |
| Jerry Huddleston vs. Ramsdale O'Deneal
W2001-02064-COA-R3-CV
Plaintiff sued defendant for legal malpractice seeking compensatory and punitive damages. The Circuit Court of Madison County, Tennessee found defendant liable to the plaintiff for compensatory damages in the amount of $100.00, but dismissed plaintiff's claim for punitive damages. Plaintiff has appealed. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Appeals | 03/19/02 | |
| Leslie Sweatt v. Michael Sweatt
M2000-02537-COA-R3-CV
Mother appeals the trial court's denial of her motion to set aside what she characterizes as a "default judgment" awarding custody of the parties' minor children to the Father. Because the Mother's procedural due process rights were protected by the trial court, and the trial court heard evidence regarding factors which must be considered by a court in making custody modifications, we affirm.
Authoring Judge: Judge Buddy D. Perry
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 03/19/02 | |
| M2001-01735-COA-R3-JV
M2001-01735-COA-R3-JV
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Tim Brock |
Coffee County | Court of Appeals | 03/18/02 | |
| Nelda Age v. HCA Health Svcs. dba Centennial Medical Center
M2001-01286-COA-R3-CV
This is an action for damages for personal injuries to a patient who claims that her injuries resulted from the ordinary negligence of the Hospital's employees, as contrasted to their medical malpractice. The trial judge concluded, in ruling on the motion of the Hospital for summary judgment, that the event described by the plaintiff, if actionable, sounded in malpractice, thus requiring expert proof. We agree. The motion of the appellee to recover discretionary costs was denied without elaboration. We find that certain costs identified in Rule 54.04(2) are properly recoverable.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 03/18/02 | |
| Martin Door & Window v. Thomas Donegan d/b/a The Construction Team
M2001-01230-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:C. K. Smith |
Wilson County | Court of Appeals | 03/18/02 | |
| Charles Ivey v. Pat Hamlin
M2001-01310-COA-R3-CV
This is an action for damages for the deliberate killing of a dog by a Deputy Sheriff. The owner of the dog claims damages under 42 U.S.C. Section 1983 for the alleged violation of his 14th Amendment rights, the witnesses to the shooting sue for damages for the infliction of emotional distress. The motion of the Deputy and the County for summary judgment was denied.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Robert E. Burch |
Cheatham County | Court of Appeals | 03/18/02 | |
| Martin Door & Window v. Thomas Donegan d/b/a The Construction Team
M2001-01230-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Charles K. Smith |
Wilson County | Court of Appeals | 03/18/02 | |
| Carolyn Stovall v. Lois Clarke
M2001-00810-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 03/18/02 | |
| Victoria Henry v. Timothy Goins
M2000-02663-COA-R3-CV
The suit of the plaintiffs was dismissed for failure to prosecute. The judgment did not provide that the dismissal was without prejudice. More than thirty days after entry of the Order of Dismissal, the plaintiffs filed a Rule 60.02 Motion that the Order of Dismissal be set aside. Their failure to file a timely motion was attributed to the asserted excusable neglect of a paralegal who assumed that a motion filed by a cross-claimant sufficed for the plaintiffs as well. The trial judge set the Order of Dismissal aside. We hold that the conduct of the paralegal cannot be treated as excusable neglect. A defendant, Robert Orr-Sysco Food Systems Company ["Robert Orr-Sysco"], incurred reporting expenses before a non-suit was taken by the plaintiffs. The defendant moved for discretionary costs which were disallowed. We reverse.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 03/18/02 | |
| Martin Door & Window v. Thomas Donegan d/b/a The Construction Team
M2001-01230-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Charles K. Smith |
Wilson County | Court of Appeals | 03/18/02 | |
| Carolyn Stovall v. Lois Clarke
M2001-00810-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 03/18/02 | |
| Calvin Tankesly v. Sgt. Pugh, et al.
M2000-01520-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 03/18/02 | |
| Glen Tucker vs. Steve Howell
W2001-00999-COA-R3-CV
Plaintiff home owner sued defendant construction company for damages resulting from defendant's failure to complete construction of plaintiffs' home. The Chancery Court of Decatur County, Tennessee entered judgment in favor of the plaintiffs in the amount of $17,057.00. Defendant has appealed. We dismiss the appeal.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Ron E. Harmon |
Decatur County | Court of Appeals | 03/14/02 | |
| William Allen v. Donal Campbell, et al
M2001-00277-COA-R3-CV
Petitioner, a state inmate, filed the underlying pro se declaratory judgment action pursuant to the Uniform Administrative Procedures Act to seek review of the Tennessee Department of Correction's refusal to answer a petition for a declaratory order. Petitioner requested a declaratory order to determine his entitlement to both good conduct sentence credits and good and honor time credits. The trial court granted the Department's motion to dismiss for failure to state a claim holding that petitioner was not entitled to duplicate sentence credits. For the following reasons, we affirm the decision of the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 03/11/02 | |
| Susan J. Hicks v. Crescent Resources, Inc.
M2001-00079-COA-R3-CV
Plaintiff was granted summary judgment for commissions due and owing from defendant. On appeal, we vacate and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:J. Russ Heldman |
Williamson County | Court of Appeals | 03/11/02 | |
| Travelers Indemnity Co. vs. Kenton Freeman, et al
M2001-00657-COA-R3-CV
Travelers Indemnity Company [Travelers] filed a complaint for a declaratory judgment respecting its liability to pay UM coverage for the minor child of its policyholder who was divorced from the child's mother, with joint custody having been awarded. Mother was killed in a traffic accident in Alabama; her passenger child was injured. Mother owned and was driving her automobile, and she also had UM coverage. The adverse driver had split liability coverage all of which was paid, in equal parts, to the Administrator of the mother's estate, and to the minor child. Mother's UM carrier paid its entire policy proceeds to her administrator. Travelers objected, inter alia, to the lack of allocation of the proceeds of mother's UM coverage. Travelers' insured, on behalf of his minor child, filed a counter-claim against Travelers for the entire UM coverage, notwithstanding an amount certain had never been determined. The court found that Travelers had never disputed that the value of the minor child's claim exceeded the UM coverage and rendered a summary judgment against Travelers for an amount certain. We vacate and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/28/02 | |
| John Pitt d/b/a Pitt Excavating vs. Tyree Org. Ltd. & Doug Suess Concrete
M2001-00115-COA-R3-CV
This is a declaratory judgment action involving the interpretation and application of an indemnification provision contained in a construction contract. Defendant, Doug Suess d/b/a Doug Suess Concrete (hereinafter "Suess"), appeals from the final order of the trial court granting summary judgment to both plaintiff, John Pitt, II d/b/a Pitt Excavating (hereinafter "Pitt") and defendant, Tyree Organization Limited (hereinafter "Tyree"). We reverse.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 02/28/02 | |
| Rutherford County vs. Martha Wilson
M2000-01382-COA-R3-CV
This appeal involves a dispute over the interpretation of a grant of real property giving a life estate to the grantor's daughter with the remainder to go to the "heirs of her body" and, if at her death there were none, to the grantor's heirs at law. Rutherford County condemned a portion of the property, and the parties dispute apportionment of the condemnation proceeds. The life tenant is still living; therefore, her life estate has not terminated. However, the widow of the life tenant's deceased son claims that she has a one sixth (1/6) interest in the property because her husband owned a vested transmissible interest in the remainder, which passed in part to his widow on his death by intestate succession. The trial court found that Tennessee's statute governing class gifts requires that the son's issue, living at the termination of the life estate, would take his share of the remainder. Therefore, the widow would not be entitled to a portion of the remainder. The widow now appeals to this court. For reasons discussed herein, we affirm the trial court's determination that the widow had no interest in the remainder.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Don R. Ash |
Rutherford County | Court of Appeals | 02/28/02 |