| Angela Phillips vs. William Phillips
W2001-01685-COA-R3-CV
This appeal arises from a divorce proceeding wherein the parties had two minor children. While the divorce was pending, the trial court issued a temporary order outlining the custodial rights of the parties with respect to their children. The final decree of divorce adopted a permanent parenting plan and distributed the marital property and debts. The husband filed this appeal contesting the permanent parenting plan and the manner in which the marital debts were apportioned. For the following reasons, we affirm the decision of the trial court
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Daniel L. Smith |
Hardin County | Court of Appeals | 12/28/01 | |
| Ishaaq (aka Alonzo Stewart) v. Dept. of Correction, et al.
M2000-01957-COA-R3-CV
Ishaaq, a prisoner in the Department of Corrections serving a combined 130 year sentence for Class X felonies committed prior to July 1, 1982, seeks to rescind a waiver by which he chose, in 1987, to gain the sentence reduction credit benefits applicable to him under Tennessee Code Annotated section 41-21-236. He seeks to rescind the waiver under the belief that he would thereby become eligible for mandatory parole. The trial judge dismissed his complaint, and we affirm the action of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 12/28/01 | |
| Debbie Risner vs. Nathan Harris
W2001-01041-COA-R3-CV
This is an action to recover personal property. The plaintiff and defendant lived together for seventeen years. In November 1999, the plaintiff moved out. She left personal property in the trailer in which the couple was living, in the nearby convenience store owned by the defendant, and in a storage unit in another town. In August 2000, the convenience store caught on fire, and the plaintiff's personal property in the store was destroyed. Soon thereafter, the defendant took possession of the plaintiff's other personal property that had been held in the storage unit and called her to come get it. In November 2000, the plaintiff filed a warrant in general sessions court to recover her personal property from the defendant. She claimed that the defendant had prevented her from retrieving any of her personal property. She received a judgment which was appealed to circuit court. The circuit court entered a judgment in favor of the plaintiff, awarded damages, and ordered the defendant to return certain items to the plaintiff. The defendant now appeals. We reverse the trial court's decision with respect to two of the items ordered returned and the property that the plaintiff had kept in the storage unit in another town, and affirm the remainder of the order.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:William B. Acree |
Obion County | Court of Appeals | 12/28/01 | |
| Steffone McClendon, father of Damien O'Shay Maurice McClendon, the next of kind of Cyhthia Vanessa Francis, Deceased, v. Dr. Elaine Bunick
E2001-02816-COA-RM-CV
This case involves a medical malpractice claim that was dismissed on summary judgment by the trial court. The plaintiff, Steffone McClendon, appealed to this Court, seeking a reversal of the trial court’s summary judgment. We affirmed the trial court’s decision based on the legislative history and our interpretation of Section 20-1-119 of the Tennessee code. The plaintiff sought a review of this Court’s decision with the Tennessee Supreme Court. Although the supreme court refused to hear the case, it remanded the case to this Court for reconsideration in light of Townes v. Sunbeam Oster Co., Inc., 50 S.W. 3d 446 (Tenn. Ct. App. 2001) released this year by the middle
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Judge Dale C. Workman |
Knox County | Court of Appeals | 12/28/01 | |
| Monroe Davis vs. State
E2001-02032-COA-R3-CV
The plaintiff, Monroe E. Davis is a prisoner in state custody. He filed a complaint with the Tennessee Claims Commission ("the Claims Commission") against the State of Tennessee and the warden of the facility at which he is incarcerated, seeking damages for the alleged detention and/or conversion of his personal property by the warden. The Claims Commission granted the defendants' motion to dismiss. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
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Court of Appeals | 12/21/01 | ||
| E2001-01363-COA-R3-JV
E2001-01363-COA-R3-JV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Tom Wright |
Greene County | Court of Appeals | 12/21/01 | |
| Town of Greeneville vs. Jack Cobble, et ux
E2001-00869-COA-R9-CV
Trial Court refused to grant partial summary judgment as to the extent of land taken. On appeal, we reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Kindall T. Lawson |
Greene County | Court of Appeals | 12/21/01 | |
| Johnson vs. CCA
W2001-00595-COA-R3-CV
This is an appeal from an order of the trial court granting a motion to dismiss the complaint for failure to state a claim upon which relief can be granted. We reverse in part and affirm in part.
Authoring Judge: Judge David R. Farmer
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 12/20/01 | |
| Town of Morrison, v. Warren County, Tennessee
01A01-9508-CH-00332
This appeal involves a dispute between Warren County, Tennessee and the Town of Morrison, a municipality located within Warren County, regarding the disposition of the revenue generated by the county local option sales tax. On March 21, 1988, plaintiff, Town of Morrison (hereinafter Morrison), filed a complaint for declaratory judgment against defendant, Warren County. The
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Jeffrey F. Stewart |
Warren County | Court of Appeals | 12/18/01 | |
| Sholodge Franchise Systems, INc., v. McKibbon Brothers, Inc.
01A01-9506-CH-00240
The plaintiff counter-defendant, ShoLodge Franchise Systems, Inc. (hereafter "Sholodge") has appealed from a jury verdict of $327,272 in favor of the defendant counterplaintiff McKibbon Brothers, Inc. (hereafter McKibbon) for damages for breach of a franchise contract.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Chancellor C. Allen High |
Davidson County | Court of Appeals | 12/18/01 | |
| Johnny W. Raines, v. Charles Traughber, Chairman, Tennessee Board of Paroles, et al.
01A01-9508-CH-00364
This is an appeal by petitioner, Johnny W. Raines, from the trial court's dismissal of his petition for certiorari from a decision of the Tennessee Board of Paroles (Board).
Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Chancellor Robert S. Brandt |
Davidson County | Court of Appeals | 12/18/01 | |
| Kentucky-Tennessee Clay Company, v. Joe Huddleston, Commissioner of Revenue, State of Tennessee
01A01-9508-CH-00347
In this case, we are presented with the issue of whether a private act is invalid as being in conflict with the general law addressing the same subject.Kentucky-Tennessee Clay Company, v. Joe H
Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor Robert S. Brandt |
Davidson County | Court of Appeals | 12/18/01 | |
| Shelley (Douglas) Stevenson, v. Michael Kingston Stevenson
01A01-9506-CV-00230
This is an appeal by defendant, Michael Kingston Stevenson (Husband), from the trial court's award of alimony in solido, alimony in futuro, the amount of child support award, and the award of additional alimony in solido of $9,700.00 for plaintiff, Shelly Sue Douglas Stevenson's (Wife), attorney's fee.
Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Muriel Robinson |
Davidson County | Court of Appeals | 12/18/01 | |
| Christell Staggs v. William Sells, et al.
M2000-03095-COA-R3-CV
This case involves a claim of negligent misrepresentation in the sale of a home. The trial court found that Defendants' statements and actions constituted negligent misrepresentation of the condition of the property resulting in $25,000.00 in damages to Plaintiff. However, the trial court also found, applying principles of comparative fault, that Defendants were 60% at fault and Plaintiff was 40% at fault. A judgment of $15,000 was, thus, assessed against Defendants. Defendants appeal the court's finding of negligent misrepresentations, as well as the amount of damages determined by the court to be suffered by Plaintiff. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:John A. Turnbull |
Putnam County | Court of Appeals | 12/18/01 | |
| Christell Staggs v. William Sells, et al.
M2000-03095-COA-R3-CV
This case involves a claim of negligent misrepresentation in the sale of a home. The trial court found that Defendants' statements and actions constituted negligent misrepresentation of the condition of the property resulting in $25,000.00 in damages to Plaintiff. However, the trial court also found, applying principles of comparative fault, that Defendants were 60% at fault and Plaintiff was 40% at fault. A judgment of $15,000 was, thus, assessed against Defendants. Defendants appeal the court's finding of negligent misrepresentations, as well as the amount of damages determined by the court to be suffered by Plaintiff. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:John A. Turnbull |
Putnam County | Court of Appeals | 12/18/01 | |
| Chantal Eldridge v. Putnam County
M2000-02963-COA-R3-CV
This is a case about the Open Records Act as applied to the telephone records of a Drug Task Force. After the Chancery Court of Putnam County ordered the County to produce the records, the County appealed, arguing that the records fit an exception to the Act or that the County should be able at the plaintiff's expense to redact the records to delete confidential information. We modify the chancellor's order to allow the County to redact the records at their own expense.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Vernon Neal |
Putnam County | Court of Appeals | 12/18/01 | |
| Richard C. King, and Wife, Kimberly King, v. W.D. Schock, Inc., South Central Bell Telephone Co, A/K/A Bellsouth Telecommunications, Inc., and Charles LaRue, et al.
01A01-9505-CV-00210
This is an appeal by plaintiffs/appellants, Richard and Kimberly King, from the trial court's order granting summary judgment to defendants/appellees, W. D. Schock, Co. ("Schock"), South Central Bell Telephone Co. a/k/a Bell South Telecommunications, Inc. ("Bell South"), and Charles LaRue.
Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Walter C. Kurtz |
Davidson County | Court of Appeals | 12/18/01 | |
| Richard Arnold and his wife, Barbara Arnold v. The Metropolitan Government of Nashville and Davidson County
01A01-9505-CV-00203
This is an appeal by defendant/appellant, Metropolitan Government of Nashville and Davidson County ("Metro"), from the judgment of the trial court against it in favor of plaintiffs/ appellees, Richard and Barbara Arnold, and crossdefendant/ appellee, Gloria Ford.
Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Marietta M. Shipley |
Davidson County | Court of Appeals | 12/14/01 | |
| Frank B. Chadwick, Jr., v. Clarksville-Montgomerty County Unified School System, and Clarksville-Montgomery County Unified School Board
01A01-9504-CV-00166
This is a negligence case in which the Plaintiff appeals from the trial court's finding that Defendants did not breach their duty of care.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge James E. Walton |
Montgomery County | Court of Appeals | 12/14/01 | |
| Glen D. Alcorn v. State of Tennessee Metro Police Department
01A01-9507-CH-00315
Glen Alcorn, an inmate in the custody of the Tennessee Department of Correction, petitioned the Chancery Court of Davidson County for an order that he be furnished with copies of certain documents that he believed would be helpful in the appeal of his conviction. Mr. Alcorn asked the chancery court to compel the State of Tennessee to provide him with the transcript of jury voir dire in his trial, and to compel the Metropolitan Nashville Police Department to provide him with a copy of the investigative file in his case. The court dismissed Mr. Alcorn's petition on the ground of failure to state a claim upon which relief can be granted. We affirm the dismissal.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor C. Allen High |
Davidson County | Court of Appeals | 12/14/01 | |
| Tom Lockett vs. Charles Blalock & Sons, Inc.
E2001-01000-COA-R3-CV
In this appeal from the Knox County Circuit Court the Defendants/Appellants, Charles Blalock & Sons, Inc., and Austin Powder Company, contest the Trial Court's award of prejudgment interest to the Plaintiffs/Appellees, Tom Lockett and his wife, Betty Lockett. In addition, both the Plaintiffs and the Defendants appeal the Trial Court's denial of their requests for discretionary costs. We affirm the order of the Trial Court as to both its award of prejudgment interest to the Plaintiffs and its denial of discretionary costs to the Defendants. However, we vacate the Trial Court's order as to its denial of the Plaintiffs' request for discretionary costs and remand for consideration in accord with this opinion.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 12/13/01 | |
| Linda Frye vs. Ronnie Frye In Re: Judgment of Herbert Moncier
E2001-00732-COA-R3-CV
This suit was filed in July of 1999 to enforce two judgments in favor of attorney Herbert S. Moncier ("Plaintiff") against Ronnie Charles Frye ("Defendant"). The Trial Court granted judgment in favor of Plaintiff in the amount of $32,242.29. In the first appeal to this Court, we concluded the action was not filed timely, vacated the judgment in favor of Plaintiff, and dismissed the lawsuit. No appeal was taken from that decision. The present appeal involves the Trial Court's holding of Defendant in criminal contempt for willfully disobeying post-judgment orders of the Trial Court to respond to discovery and appear for deposition. These orders were entered and the alleged contemptuous conduct occurred before the underlying judgment was reversed by this Court. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 12/13/01 | |
| Jan Burns vs. James Burns
E2001-01039-COA-R3-CV
In this divorce case, the husband appeals the trial court's awards of alimony pendente lite and alimony in futuro to the wife. The record before us does not demonstrate that the evidence preponderates against the trial court's judgment. Accordingly, we affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jacqueline E. Schulten |
Hamilton County | Court of Appeals | 12/13/01 | |
| Wills Electric Co., Inc. v. Hassan Mirsaidi
M2000-02477-COA-R3-CV
A general contractor withheld the final payment for work completed by his electrical subcontractor, and the subcontractor sued for breach of contract. The trial court awarded the subcontractor the contracted-for amount, as well as pre-judgment interest and consequential damages. We reverse the award of consequential damages. In all other respects, we affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 12/13/01 | |
| Milliken Group, Inc. v. Hays Nissan, Inc.
M2001-00506-COA-R3-CV
This dispute arises from a contract for capital improvements entered into between the plaintiff and the agent of the defendant. The primary issues on appeal are whether the agent had the authority to bind the defendant to the contract, and whether the trial court erred in limiting the amount of damages awarded to the plaintiff. We affirm in part and modify the judgment.
Authoring Judge: Judge David R. Farmer
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 12/13/01 |
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