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| 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 | |
| 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 | |
| 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 | |
| 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 | |
| Michael Sutton vs. Larry Barnes
E2001-01911-COA-R3-CV
The plaintiffs, Cocke County homeowners, brought this action seeking compensation for damage caused to their home by blasting activity on their neighbors' property. In response to interrogatories, the company that did the blasting identified the Cocke County Highway Commission as the provider of the explosives. Thereafter, the plaintiffs filed an amended complaint, naming Cocke County and the Cocke County Highway Commission (collectively "the County") as additional party defendants. Upon the County's motion, the trial court dismissed the plaintiffs' complaint as to the County, holding that their action is time-barred. On appeal, the plaintiffs argue that the discovery rule applies to their action against the County, and, therefore, their claim is not time-barred. The County argues that even if the plaintiffs' action is not barred by the applicable statute of limitations, the plaintiffs have failed to state a claim upon which relief can be granted. We hold that the discovery rule applies to actions against governmental entities and that there is a genuine issue for trial as to when the plaintiffs' cause of action "ar[ose]." We further hold that the complaint adequately states a cause of action, but only as to the plaintiffs' claim of common-law negligence. Accordingly, the judgment of the trial court is affirmed in part and reversed in part.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Richard R. Vance |
Cocke County | Court of Appeals | 12/13/01 | |
| In Re: K.A.Y.and A.M.Y.
E2001-00398-COA-R3-CV
Wayne and Mary Stuart ("Stuarts"), as foster parents, had physical custody of a set of twins ("Children") for approximately a year and a half when the Department of Children's Services ("DCS") removed the Children from the Stuarts' home and placed them with Paul and Susan Young ("Youngs"). The Stuarts later filed a petition in Knox County Juvenile Court seeking custody of the Children. While the custody matter was pending, the Youngs filed an adoption petition in the Trial Court which was granted. The Stuarts filed a motion to intervene and to set aside the adoption decree. The Trial Court granted this motion. The Youngs filed a Motion for Summary Judgment and cited three grounds in support of their motion: (1) the requirement that adoptive parents have custody of the child; (2) DCS's consent to the adoption; and (3) the statutory foster parent preference for adoption. Without deciding the Stuarts' petition for custody, the Trial Court granted summary judgment as a matter of law to the Youngs. The Stuarts appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 12/13/01 | |
| 2001-00523-COA-R3-CV
2001-00523-COA-R3-CV
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 12/13/01 | |
| 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 | |
| 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 |