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| Services v. C.S.M. And L.M.M.
2000-02806-COA-R3-JV
Originating Judge:Darryl W. Edmondson |
Union County | Court of Appeals | 02/13/02 | |
| Judith Silvey vs. Darrel Silvey
E2001-02007-COA-R3-CV
In this divorce action the Trial Court granted divorce ordered rehabilitative alimony, child support and divided the marital property. Issues on appeal include the valuation, classification and division of marital property and the award of alimony. We affirm in part, vacate in part and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 02/12/02 | |
| Lynn Hall, et al vs. Mark Bookout
E2001-01172-COA-R3-CV
Lynn and Lillian Hall, the maternal grandparents ("Grandparents") of the minor child ("Child"), filed a Petition for Custody seeking permanent custody of the Child, naming the Child's biological father ("Father"), Mark Bookout, as the defendant. The Grandparents had temporary custody of the Child pursuant to an ex parte order. At the close of proof at trial, the Trial Court found that the Father was not unfit. In its Order, however, the Trial Court made no specific finding regarding the risk of substantial harm if the Child was placed in Father's custody. The Trial Court denied the Grandparents' petition but did not order the Child returned to Father's custody by any set date but instead provided only that the "ultimate goal" was for the Child to be returned to Father. Father appeals. We affirm, in part, and modify, in part, and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 02/12/02 | |
| Mark Graham vs. Michael J. Mohr
E2001-00824-COA-R3-CV
These consolidated cases arise out of a two-vehicle accident. The jury returned a verdict in favor of Mark Graham, assigning 51% of the fault to Michael J. Mohr and 49% to Graham. Mohr appeals, raising issues pertaining to the propriety of the trial court's ruling excluding the testimony of the police officer who investigated the accident. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 02/12/02 | |
| Helen Ashe vs. Thomas McDonald, M.D.
E2000-03151-COA-R3-CV
Jury returned verdict for plaintiff in medical malpractice action. Defendant has appealed, raising issues of Judge's conduct, admission in evidence of depositions, failure of Court to direct verdict, failure to charge comparative fault and excessiveness of costs awarded. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 02/11/02 | |
| 2001-00665-COA-R3-CV
2001-00665-COA-R3-CV
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 02/11/02 | |
| Gary Aumaugher vs. Deborah Aumaugher
E2001-01786-COA-R3-CV
The Petitioner, Deborah Jo Aumaugher, appeals a judgment of the General Sessions Court of Loudon County, contending, among other things, the Trial Court was prejudiced against her and also committed a number of other errors. Because we have no transcript of the hearing which resulted in the order she assails, we are unable to address the merits of this appeal. We accordingly affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:John O. Gibson |
Loudon County | Court of Appeals | 02/11/02 | |
| Situated, And Kita Swandi And Toby Silvers v. Timothy
E2001-01504-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
|
Knox County | Court of Appeals | 02/11/02 | |
| Magdalene Miller vs. Mt. Laurel Chalets
E2001-00863-COA-R3-CV
Magdalene A. Miller fell down a flight of stairs at a rental chalet in Gatlinburg. She and her husband, Robert Miller, sued Bob Light, the owner of the chalet, and Mt. Laurel Chalets, Inc., the rental agent for the chalet. Both defendants filed a motion for summary judgment. Both motions were granted. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Richard R. Vance |
Sevier County | Court of Appeals | 02/11/02 | |
| Jim Reagan,
E2001-00121-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Telford E. Forgerty, Jr. |
Sevier County | Court of Appeals | 02/11/02 | |
| Jack Colboch v. Quality Ford, Inc.,
2001-01220-COA-R3-CV
Originating Judge:Kindall T. Lawson |
Hamblen County | Court of Appeals | 02/11/02 | |
| Barry Teague vs. Barbara Teague
E2001-01413-COA-R3-CV
This is a divorce case. The trial court granted the parties a divorce on stipulated grounds; divided their marital property; and awarded Barbara Ann Chadwick Teague ("Wife") alimony in futuro of $1,800 per month, plus attorney's fees of $2,500. Barry Lynn Teague ("Husband") appeals the nature and amount of the alimony award, the division of property, and the award of attorney's fees. We vacate the language in the trial court's judgment projecting into the future as to Wife's needs when her mortgage obligation has been paid in full. In all other respects, the judgment of the trial court is affirmed.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 02/11/02 | |
| Fifth Third Leasing Co. vs. Cherokee Pontiac
E2001-01628-COA-R3-CV
The Trial Court entered summary judgment for lessor against dealer under contract to purchase vehicles from dealer. Dealer's counter-complaint for damages was dismissed. Dealer appeals dismissal, contending claim sounds in tort and/or limitation of liability in contract is unenforceable. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John K. Wilson |
Hawkins County | Court of Appeals | 02/11/02 | |
| 2001-02669-COA-R3-CV
2001-02669-COA-R3-CV
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 02/11/02 | |
| Sharon Stinnett vs. David Ferguson
E2001-02031-COA-R3-CV
In this divorce action, the issue on appeal is whether the Trial Court placed the correct value on the marital equity in wife's motel property. We affirm the value determined by the Trial Court.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:William R. Brewer |
Blount County | Court of Appeals | 02/11/02 | |
| Terilyn Sloan, v. Tri-County Electric Membership Corp., et al.
M2000-01794-COA-R3-CV
Plaintiff married her co-worker, and one of them was forced to resign pursuant to the company's anti-nepotism policy prohibiting concurrent employment of spouses. Plaintiff resigned and brought this action for wrongful discharge alleging her dismissal violated public policy favoring marriage and was due to her exercise of the fundamental right to marry. The trial court dismissed for failure to state a cause of action. Because Plaintiff has failed to show that a policy prohibiting concurrent employment of spouses violates a clear mandate of public policy, we affirm the trial court.
Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Judge Clara W. Byrd |
Macon County | Court of Appeals | 02/07/02 | |
| Amy Jo Stone, et al., v. Regions Bank
M2001-00856-COA-R3-CV
This is a dispute over life insurance proceeds. Plaintiffs' mother was indebted to defendant-bank and entered into a contract with the bank and the plaintiffs to secure past and future indebtedness by assignment of a life insurance policy on her life. The policy was duly assigned pursuant to the contract with the bank. Subsequently, plaintiffs' mother filed a bankruptcy proceeding, and her liability to the bank on her indebtedness was discharged, but the insurance policy was not affected. The bank continued paying the annual premiums on the policy, and several years after the bankruptcy proceeding, the plaintiffs' mother died. The insurance company, by virtue of the assignment of the policy, paid the insurance proceeds to the bank which then satisfied its indebtedness and paid the balance of the proceeds to the plaintiffs pursuant to the contract. Plaintiffs sue to recover the full amount of the insurance proceeds, contending that there was no existing indebtedness as specified in the contract. The trial court entered judgment for bank, and plaintiffs have appealed. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Judge W. Charles Lee |
Lincoln County | Court of Appeals | 02/01/02 | |
| David Travis Bennett v. Pamela Jean Bennett
M2000-02448-COA-R3-CV
The parties were divorced in 1995. The Final Decree awarded joint custody of their minor child. Pamela Jean Bennett ("Mother") was awarded primary physical custody, while David Travis Bennett ("Father") was awarded visitation. Thereafter, the Trial Court held three hearings upon the parties' petitions regarding several issues. Father appeals two of the three orders that the Trial Court entered, and his issues on appeal involve the following: the Trial Court's refusal, at the second hearing, to allow proof regarding issues previously reserved by the Trial Court at the first hearing; the Trial Court's refusal to allow Father to fire his attorney during the second hearing; the Trial Court's increase of Father's child support obligation; the Trial Court's refusal to modify child custody; the Trial Court's finding Father in contempt for failure to pay child support; and the Trial Court's refusal to find Mother in contempt for her alleged failure to comply with the visitation schedule. We affirm.
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Judge J. Curtis Smith |
Franklin County | Court of Appeals | 02/01/02 | |
| Jason Goulet vs. Jennifer Heede
E2000-02535-COA-R3-CV
This appeal concerns a divorce action in which the court classified a home purchased by Wife during the marriage as her separate property and a second mortgage taken out by Husband on the couple's marital home as his separate debt. Husband appeals both of these decisions and also questions the trial court's decision to find Wife's testimony credible, since she had previously given testimony in another matter that was inconsistent with her testimony at the divorce hearing. We determine that the trial court should be affirmed on all issues presented.
Authoring Judge: Judge William B. Cain
Originating Judge:Norma Mcgee Ogle |
Sevier County | Court of Appeals | 01/31/02 | |
| Stanley Green v. Nashville and Davidson County
M2001-01561-COA-R3-CV
A man arrested for statutory rape sought a writ of mandamus to compel the Metro Nashville Police Department to furnish him with copies of records relating to his arrest. Metro filed a motion to dismiss, arguing that records pertaining to sexual offenses against minors are confidential, and may not be disclosed. The trial court denied the motion to dismiss, and ordered the production of the requested records. We affirm the ruling of the trial court, but modify it to require that all records furnished to the petitioner be redacted to protect the victim's identity.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 01/31/02 | |
| State, ex rel Tewanna Stewart vs. Gary Lockett
M2001-00809-COA-R3-JV
The juvenile court ordered the father of a minor child to pay retroactive child support for the first ten years after the child's birth. Because the court did not want to create a windfall for the mother, it ordered that only part of the retroactive support be paid to her, and that the remainder be placed in an educational trust fund for the child's benefit. The State argues on appeal that under the facts of this case, the creation of an educational trust fund is not authorized by the child support statutes and guidelines. We affirm the award of retroactive child support, but we reverse its allocation between the mother and the child.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Betty Adams Green |
Davidson County | Court of Appeals | 01/30/02 | |
| Calsonic Yorozu Corp., Inc. vs. Forklifts Unlimited, LLC
M2000-02647-COA-R3-CV
Calsonic Yorozu Corporation, Inc., appellee, sought declaratory judgment relieving it of its duties under contract to Forklifts Unlimited, L.L.C., appellant. Appellee filed a motion for summary judgment, which the trial court granted. Because we think the defendant was denied a reasonable opportunity for discovery we reverse the summary judgment granted by the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Appeals | 01/30/02 | |
| James Ferguson v. Kelly Lee Ferguson
M2001-01836-COA-R3-CV
Appellant, an inmate of the Tennessee Department of Correction currently confined at South Central Correctional Center in Clifton, Wayne County, Tennessee, appeals the dismissal by the trial court of his divorce complaint. His wife is a resident of Bristol, Virginia, and the parties separated in Cheatham County, Tennessee in 1987. The trial court dismissed the case for lack of venue. We affirm with a suggestion that the case be transferred to a court having divorce jurisdiction in Cheatham County, Tennessee, or such a court in the county where Appellant resided at the time he was first incarcerated in the Department of Corrections.
Authoring Judge: Judge William B. Cain
Originating Judge:Stella L. Hargrove |
Wayne County | Court of Appeals | 01/29/02 | |
| Cheryl Autry v. James Autry
M2001-01807-COA-R3-CV
This appeal involves the issuance of an order of protection. The parties were married on May 18, 1999. One minor daughter was born to the marriage. On June 10, 2001, there was a struggle between the parties over the child. The appellee sought an order of protection. A hearing was held on June 28, 2001, on Mrs. Autry's petition. Both parties were present at the hearing. After hearing the testimony, the trial court granted Mrs. Autry an order of protection, set child support, and ordered the minor child removed from TennCare insurance coverage.
Authoring Judge: Judge William B. Cain
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 01/28/02 | |
| Vances Smith vs. Warden Fred Figueroa
W2001-01572-COA-R3-CV
This is an appeal from the trial court's order dismissing a petition for writ of certiorari. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 01/25/02 |