Please enter some keywords to search.
| 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 | |
| Randall Bilbrey v. Gary Worley
M2003-01376-COA-R3-CV
This is a landlord/tenant case involving abandonment and surrender by the tenant of the leased premises and whether or not the surrender was accepted by the landlord so as to prevent the landlord from collecting rents for the unexpired term of the lease. The chancellor first held for the landlord on the issue but thereafter came to believe himself bound by an unreported decision of this court and reversed his position to hold for Appellee. We find the first judgment of the chancellor to have been correct and reinstate his original judgment.
Authoring Judge: Judge William B. Cain
Originating Judge:Vernon Neal |
Overton County | Court of Appeals | 01/25/02 | |
| 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 | |
| 99-03-19-01
99-03-19-01
Originating Judge:J. Weber Mccraw |
Fayette County | Court of Appeals | 01/24/02 | |
| William Perry vs. Ricki Perry
W2001-01350-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Martha B. Brasfield |
Tipton County | Court of Appeals | 01/23/02 | |
| Stacy Turney vs. Ronald Turney
W2001-00492-COA-R3-CV
This appeal from a divorce decree raises issues concerning the classification and distribution of the parties' property, and the determination of income for the purposes of setting child support. We modify the distribution of property and remand for determination of child support.
Authoring Judge: Judge David R. Farmer
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 01/23/02 | |
| John/Diana Asbury vs. Lagonia-Sherman
W2001-01821-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 01/23/02 | |
| John/Diana Asbury vs. Lagonia-Sherman
W2001-01821-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 01/23/02 | |
| Joel Petty vs. Daimler Chrysler
W2001-01152-COA-R3-CV
Plaintiff in this case alleges that Defendant violated Tennessee's motor vehicle glass safety statutes which were in effect when Plaintiff purchased his vehicle in 1998. The court below found no violation and entered judgment for Defendant. We find that Plaintiff failed to introduce evidence of injury or damages and therefore affirm judgment for Defendant.
Authoring Judge: Judge David R. Farmer
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 01/23/02 | |
| Ishmael Mace vs. Phyllis Mace
W2001-00574-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 01/23/02 | |
| Ishmael Mace vs. Phyllis Mace
W2001-00574-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 01/23/02 | |
| William Perry vs. Ricki Perry
W2001-01350-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Martha B. Brasfield |
Tipton County | Court of Appeals | 01/23/02 | |
| Union Planters vs. American Home
W2001-01124-COA-R3-CV
This is an insurance case dealing with a standard loss-payee clause. On September 1, 1980, the appellee insurance company issued an aircraft hull and liability insurance policy to a commercial airline. The policy had an attached breach of warranty endorsement specifying the appellant bank as the loss payee for a particular airplane. In November 1980, the airline cancelled its insurance coverage for the airplane without giving notice to the bank. In December 1980, the airplane was found in Puerto Rico and seized by the United States government as an instrument of drug trafficking. When the airplane was seized, the seats and log books were missing. The bank sought recovery for the loss to the airplane under the breach of warranty endorsement attached to the original insurance policy. The insurance company denied coverage, and the bank sued the insurance company in the trial court below. The trial court granted summary judgment in favor of the insurance company. The bank now appeals. We reverse, finding that because notice of the cancellation of the insurance policy was not given to the loss-payee bank, the cancellation was not effective as to the loss-payee.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 01/23/02 | |
| William Perry vs. Ricki Perry
W2001-01350-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Martha B. Brasfield |
Tipton County | Court of Appeals | 01/23/02 | |
| Rhonda Anderson vs. Lester Jarrett & Melinda Benson vs. Herman Harris
W2001-00484-COA-R3-JV
This is a child support case concerning jurisdiction to review certain administrative decisions rendered by the Department of Human Services. In its order, the juvenile court transferred the case, concluding that section 4-5-322 of the Tennessee Code placed jurisdiction with the "appropriate chancery court." Despite its order transferring the case, the juvenile court also decided the case on the merits and ruled that the State acted in contravention to section 36-5-905 of the Tennessee Code regarding the seizure of an obligor's assets. The court further concluded that section 36-5-905 was unconstitutional. We reverse the trial court regarding its jurisdictional determination and hold that the trial court erred by reaching the constitutional issue
Authoring Judge: Judge David R. Farmer
Originating Judge:J. Roland Reid |
Haywood County | Court of Appeals | 01/22/02 | |
| Ida Douglas, et al. v. William Foster, et al.
M2000-03177-COA-R3-CV
The appellants, Ida Douglas and Dovie Allen, and appellees, William and Barbara Foster, entered into a contract for the sale of a house. After the buyers had lived in the house for a few years, several problems emerged. The buyers sued the sellers for rescission of the contract. The trial court granted the sellers' motion for involuntary dismissal after the presentation of the buyers' proof at trial. We affirm the decision of the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol A. Catalano |
Robertson County | Court of Appeals | 01/22/02 | |
| Nora/Sylvester Eddings vs. Sears
W2001-01107-COA-R3-CV
This appeal involves a personal injury and allegations of promissory fraud stemming from a display bed collapsing at the defendant's department store. The plaintiffs spoke with the defendant's claim adjustor following the incident and were allegedly assured that medical bills would be paid by the defendant or that the claim would be "concluded." The plaintiffs, however, were informed by the defendant's claims adjustor approximately one year after the accident that the defendant held no liability due to the lapse of the statute of limitation. The plaintiffs sued the defendant for both personal injury and promissory fraud. Both claims were eventually defeated before a trial could be held and the plaintiffs appealed. We affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 01/22/02 | |
| Paul Nee vs. Big Creek
W2001-01482-COA-R3-CV
This is a premises liability action. Plaintiff alleges he was injured in a fall that took place on Defendant's steps. At trial, Plaintiff introduced pictures of the steps into evidence and testified that he heard a "crackling noise" as his "foot began to slide." After considering Plaintiff's evidence, the trial court granted Defendant's motion for a directed verdict. The trial court determined that Plaintiff failed to introduce evidence that the stairs constituted a defective or dangerous condition. Further, the trial court ruled that the jury would be forced to speculate on the cause of Plaintiff's fall. We affirm the decision of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 01/22/02 | |
| Lance Morris vs. Collis Foods
W2001-00918-COA-R3-CV
This appeal involves a suit against a restaurant for a tort committed by a waitress. The appellant visited the restaurant on a crowded night. After the appellant's first waitress quit, another waitress took appellant's order. Following a long wait for his food, the appellant approached his waitress and words were exchanged. The waitress threw an object at the appellant, which caused injures. The appellant filed suit against both the restaurant and waitress. The relevant portion of the appellant's suit against the restaurant relied on the doctrine of respondeat superior. The court granted a motion for summary judgment filed by the restaurant, holding that the waitress was not acting within the scope of her employment. For the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Roger A. Page |
Madison County | Court of Appeals | 01/22/02 | |
| Melvin Bonds Jr. vs. Mike Emerson
W2001-00812-COA-R3-CV
This is a personal injury case arising from an automobile accident involving a sixteen-year old driver and a police officer. Officer, who was responding to a backup call, was allegedly driving 99 m.p.h. when driver pulled out of driveway. In a bench trial, the trial court found driver 80% at a fault for the accident and the officer 20% at fault. Driver has appealed. Judgment vacated and remanded.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Clayburn L. Peeples |
Haywood County | Court of Appeals | 01/22/02 | |
| 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 | 01/17/02 | |
| In The Matter Of: S.G.S.
M2001-00649-COA-R3-JV
The trial court terminated the parental rights of the biological father on the ground of abandonment, and granted the adoption petition of the stepfather. The biological father argues on appeal that he did not abandon his child. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Clara W. Byrd |
Wilson County | Court of Appeals | 01/16/02 | |
| First Union National Bank v. Donald Abercrombie
M2001-01379-COA-R3-CV
This appeal involves a dispute stemming from a defaulted note. The lender filed suit against the purported borrower in the Chancery Court for Williamson County asserting that he was liable for $57,778.20. The defendant moved to dismiss the complaint on the ground that he was not personally liable on the note because he was simply an officer of the corporation named as the borrower on the note and because he was not a guarantor of the corporation's debts. Thereafter, the lender moved for a default judgment, and the purported borrower then filed an answer denying liability on the note and a counterclaim against the lender for compensatory and punitive damages. The trial court granted the lender a default judgment for $57,778.20 without addressing the pending motion to dismiss or the answer and counterclaim. We have determined that the trial court erred by granting the default judgment and, accordingly, reverse the judgment and remand the case for further proceedings.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 01/16/02 | |
| Shepard Barbash vs. Monty Bruell & Anthony Smith
E2005-00387-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Howell N. Peoples |
Hamilton County | Court of Appeals | 01/16/02 |