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| 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 | |
| Verna Jordan vs. Ronnie Jordan, et al
E2001-00005-COA-R3-CV
This dispute involves a claimed oral trust regarding a portion of a 5.42 acre parcel of property ("Property"). Verna Jordan ("Plaintiff"), filed a Complaint against her son and daughter-in-law, Ronnie H. Jordan and Nancy Jordan ("Defendants"), claiming Defendants held a portion of the Property in trust for her benefit. Plaintiff alleged Defendants failed to give her a deed for a portion of the Property when Defendants, as trustees, should have conveyed the parcel under the terms of the oral trust. The Trial Court held an oral trust existed and ordered Defendants to give Plaintiff a deed for her portion of the Property. Defendants appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Jeffrey F. Stewart |
Rhea County | Court of Appeals | 12/12/01 | |
| Amy Arnold vs. Kevin Arnold
E2001-00527-COA-R3-CV
In this divorce action, husband has appealed the amount of child support awarded, the custody award, and the alimony and attorney's fees awarded to wife. On appeal, we affirm the Trial Court.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas R. Frierson, II |
Hamblen County | Court of Appeals | 12/12/01 | |
| Susan Cooper vs. Kent Cooper
E2001-00716-COA-R3-CV
This appeal from the Chancery Court of Hamilton County questions whether the Trial Court erred in increasing Ms. Cooper's alimony award. Additionally, it questions whether the Trial Court erred in awarding attorney's fees to Ms. Cooper and in refusing to dismiss her Answer and Counter-Complaint. We affirm the decision of the Trial Court in part and reverse in part and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 12/12/01 | |
| Curtis Daniels vs. Mary Daniels
E2001-00605-COA-R3-CV
This appeal from the Circuit Court of Rhea County questions whether the Trial Court erred in failing to award Ms. Daniel any portion of Mr. Daniel's retirement benefits, whether the Trial Court erred in dividing the marital estate, and whether the Trial Court erred in failing to award Ms. Daniels rehabilitative alimony. We affirm the judgment of the Trial Court in part and reverse in part.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas W. Graham |
Rhea County | Court of Appeals | 12/12/01 | |
| John Poore vs. Sonya Poore
E2001-01250-COA-R3-CV
In this custody dispute, the Trial Court awarded custody of the children to the father who was not the biological parent of one of the children. We vacate the Judgment as to that child and remand with instructions to apply the correct analysis of the evidence as to the custody of the child.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas R. Frierson, II |
Hamblen County | Court of Appeals | 12/12/01 | |
| Brenda L. Lee v. Hippodrome Oldsmobile, Inc., Robert E. McAdams, Steve Jackson
01A01-9705-CV-00202
This appeal results from an employer’s recruitment and subsequent termination of an at-will employee after only two weeks of work. The employee filed suit in the Circuit Court for Davidson County alleging breach of an implied employment contract, promissory fraud, and outrageous conduct. The trial court granted the employer’s Tenn. R. Civ. P. 12.02(6) motion to dismiss for failure to state a claim upon which relief can be granted, and the employee appealed. We vacate the order of dismissal because we have decided that the complaint states a claim for promissory fraud, albeit barely.
Authoring Judge: Judge William M. Koch, Jr.
Originating Judge:Judge Barbara N. Haynes |
Davidson County | Court of Appeals | 12/12/01 | |
| In Re: Estate of Hillary R. Sanders
E2001-00946-COA-R9-CV
In this appeal from the Claiborne County Chancery Court the Appellants, Conda Sanders, Bratcher Lee Sanders, John Sanders, Linda Blazier, Bettie Gray, Kathryne Brock and Vonna Beason, contest the Trial Court's finding that the valid and controlling will of Hillary Sanders is the will executed by him on June 22, 1992. The Appellants contend that the joint will executed by Hillary Sanders and Fairobelle Sanders on September 8, 1974, is an irrevocable contract and, therefore, it, not the will of June 22, 1992, is the valid and controlling will of Hillary Sanders. We affirm the order of the Trial Court and remand with directions.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Conrad E. Troutman, Jr. |
Claiborne County | Court of Appeals | 12/12/01 | |
| Cathy Hall vs. City of Gatlinburg
E2001-01470-COA-R3-CV
Cathy L. Hall ("Plaintiff"), was attending a convention at the convention center of the City of Gatlinburg ("Defendant"), when she fell and sustained physical injury. Plaintiff fell in one of two separate areas just mopped by Defendant's employee. After the parties submitted proof at trial, the Trial Court found Defendant negligent. The Trial Court allocated 80% fault to Defendant and 20% fault to Plaintiff. In addition to Plaintiff's compensatory damages, the Trial Court awarded damages for loss of consortium to Plaintiff's husband, Eddie Lee Hall ("Husband"). Defendant appeals, as do Plaintiff and Husband. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Rex Henry Ogle |
Sevier County | Court of Appeals | 12/12/01 | |
| Mary Henry vs. Obstertrics and Gynecology Consultants
E2001-01246-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 12/11/01 | |
| Mary Henry vs. Obstertrics and Gynecology Consultants
E2001-01246-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 12/11/01 | |
| Bd. of Commissioners of Roane County vs. Joe Parker
E2001-00146-COA-R3-CV
The Plaintiffs acquired a nine-acre tract of land zoned A-1, the General Agricultural District, which was the least restrictive zoning district in Roane County, and soon announced their intention to house a tiger thereon, a permissible use, which motivated the County to amend its Regional Zoning Ordinance by creating a new zoning district, A-2, with the permissible use declared to be the keeping thereon of exotic animals. Within three years the Plaintiffs had fifty or more exotic [Class I] animals on their nine-acre tract. They acquired three additional tracts which they requested be rezoned A-2 in order to expand their exotic animal sanctuary. Rezoning was refused and the Plaintiffs filed suit alleging the refusal was arbitrary and capricious; the County filed suit, seeking to enjoin the Plaintiffs from keeping more than one exotic animal
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Frank V. Williams, III |
Roane County | Court of Appeals | 12/11/01 | |
| Jerry L. Luster v. B. Campbell Smoot
M2000-02191-COA-R3-CV
A prisoner filed a civil rights intimidation suit against a public defender who uttered a racial slur during a recess in the plaintiff's criminal trial. The trial court granted summary judgment to the public defender. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Lee Russell |
Coffee County | Court of Appeals | 12/11/01 | |
| Billy Lattimer v. Dept of Correction
M2000-03126-COA-R3-CV
A prisoner filed a lawsuit against the Department of Correction and some of its employees, claiming that the employees had confiscated and destroyed his photo albums, and that their actions amounted to an unconstitutional deprivation of his due process rights. The trial court dismissed the suit without prejudice, ruling that the prisoner had only stated a claim for ordinary negligence against the State, and thus that the only forum available to him was the Tennessee Claims Commission. We reverse in part and affirm in part.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 12/11/01 | |
| Susan Whiton vs. Alan Whiton
E2000-00467-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Ben W. Hooper, II |
Sevier County | Court of Appeals | 12/11/01 | |
| Roger Thomas v. Gail Thomas
M2001-01226-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Jim T. Hamilton |
Giles County | Court of Appeals | 12/11/01 | |
| Susan Whiton vs. Alan Whiton
E2003-01279-COA-RM-CV
Upon appeal to the Supreme Court, it reversed our determination that the guidelines promulgated with regard to child support were unconstitutional and remanded the case to this Court for reconsideration in light of the recently-released opinion in Gallaher v. Elam, S.W.3d 2003 WL 2010731 (Tenn. May 2, 2003).f
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Ben W. Hooper, II |
Sevier County | Court of Appeals | 12/11/01 | |
| Stan Mosley vs. Carrie Mosley
E2001-01006-COA-R3-CV
In this divorce case, the husband appealed the classification and division of the parties' marital property and the basis for awarding child support. We affirm the Trial Court's Judgment, as modified.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jean A. Stanley |
Washington County | Court of Appeals | 12/11/01 | |
| Leon Williams General Contractor, Inc. vs. Hugh Hyatt
E2001-00434-COA-R3-CV
In this consolidated appeal Leon Williams General Contractor, Inc., and Leon Williams, individually and d/b/a Old World Cabinets appeal orders denying their demands for arbitration. We reverse the order of the Chancery Court denying the demand for arbitration filed by Leon Williams General Contractor, Inc. and affirm the order of the Circuit Court denying the demand for arbitration filed by Leon Williams, individually and d/b/a Old World Cabinets.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 12/11/01 | |
| Susan Whiton vs. Alan Whiton
E2000-00467-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Ben W. Hooper, II |
Sevier County | Court of Appeals | 12/11/01 | |
| Daniel B. Taylor v. Donal Campbell
M2001-00479-COA-R3-CV
This appeal involves a dispute between a prisoner and the Department of Correction regarding the prisoner's sentence credits. After his request for a declaratory order was denied, the prisoner filed suit in the Chancery Court for Davidson County against the Commissioner of Correction and others seeking a declaration that the Department had miscalculated his sentence and had erroneously refused to classify him as a Range I especially mitigated offender. The trial court granted the Department's motion for summary judgment and dismissed the petition. We concur with the trial court's conclusion that the Department is entitled to a judgment as a matter of law and, accordingly, affirm the summary judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 12/11/01 | |
| Roger Thomas v. Gail Thomas
M2001-01226-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Jim T. Hamilton |
Giles County | Court of Appeals | 12/11/01 | |
| City of Knoxville vs. The Clinch Locust Garage
E2001-00297-COA-R3-CV
The Trial Court established the respective interests of owners and lessees in sums received in an Eminent Domain Case. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 12/11/01 |