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| 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 | |
| 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 | |
| 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 | |
| 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 | |
| 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 | |
| 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 | |
| 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 |