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| Ragan/James Hinson vs. Kelli Gatton
W2001-01763-COA-R3-JV
Father filed a petition to increase visitation, for joint custody and other relief. The juvenile court modified visitation and ordered joint custody. Father appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:J. Steven Stafford |
Dyer County | Court of Appeals | 11/28/01 | |
| Charles Salsman vs. Texcor Indus.
W2001-00730-COA-R9-CV
This appeal arises out of a petition filed in Tennessee to enroll a Texas judgment. In this case, the plaintiffs filed a petition to enroll the foreign judgment. While this was pending, the defendants filed a motion for leave to amend their answer to assert a counterclaim. Three days later, before the trial court had ruled on the motion to amend, the plaintiffs filed a notice of voluntary dismissal, including a proposed order stating that no counterclaim had been pled. The trial court entered the proposed order. Subsequently, in response to the defendants' motion, the trial court vacated its earlier order of dismissal and granted the defendants' motion to amend to assert the counterclaim. In this interlocutory appeal, we affirm, holding under Rule 41.01(1) of the Tennessee Rules of Civil Procedure that the proposed counterclaim attached to the motion to amend is considered a "pleaded" counterclaim, thereby permitting the defendants to elect to proceed on the counterclaim despite the plaintiffs' notice of voluntary dismissal.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 11/28/01 | |
| Trinity Industries, Inc. v. McKinnon Bridge Co., Inc.
M2000-00510-COA-R3-CV
An uncompleted highway bridge over the Tennessee River collapsed, triggering a lengthy and convoluted course of litigation between the parties involved in its construction. Litigation began when the company that fabricated the bridge's structural steel components sued the general contractor for non-payment on the contract. The general contractor filed a counter-claim which alleged that the fabricator had breached the contract by producing defective steel components that caused the collapse. The contractor named some of its other subcontractors as third party defendants, claiming that they also bore some responsibility for the collapse of the bridge. In a series of orders, the trial court dismissed the counterclaim and third party claims, and declared that its judgments were final for purposes of Tenn. R. Civ. P. Rule 54.02. After this court heard oral argument on the first of the Rule 54.02 appeals, but before it could issue an opinion, the trial court conducted a hearing on the merits of the steel fabricator's claim, and rendered a judgment in its favor. We affirm the judgment for the price of the steel and the judgment for the fabricator on the general contractor's counterclaim. We reverse the judgment dismissing the third party claims.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 11/28/01 | |
| Marlena Tilley vs. Gurpal Bindra
W2001-01157-COA-R3-CV
This appeal arises from a medical malpractice claim brought by the Appellants against the Appellee in the Circuit Court of Dyer County. The Appellee filed a motion for summary judgment. Following the deposition of the Appellants' expert witness, the Appellee filed a renewed motion for summary judgment. The trial court granted the Appellee's motion for summary judgment and renewed motion for summary judgment. The Appellants appeal the grant of the Appellee's motion for summary judgment and renewed motion for summary judgment by the Circuit Court of Dyer County. For the reasons stated herein, we affirm the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Lee Moore |
Dyer County | Court of Appeals | 11/28/01 | |
| Terminix International Co. v. Department of Labor
M2001-00174-COA-R3-CV
This matter is before the Court upon a petition seeking judicial review of our administrative order. The Petition was initiated in the Chancery Court of Davidson County, Tennessee, wherein the appellants challenged the jurisdiction of the Tennessee Department of Labor, Division of Occupational Safety and Health ("TOSHA") to conduct safety inspections concerning pesticide applicators (i.e., persons who apply pesticides) and to enforce such regulations. The Chancery Court ruled that the Tennessee Occupational Safety and Health Review Commission (TOSHA) has subject matter jurisdiction to conduct inspections and issue citations concerning the safety of pesticide applicators in the work place. We affirm.
Authoring Judge: Judge Frank Clement, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 11/28/01 | |
| Stacy Harris v. Thomas Hall
M2000-00784-COA-R3-CV
This case was transferred to a judge in another county for "binding mediation," and the mediating judge entered an order dismissing the lawsuit and enjoining plaintiff from certain actions, including further litigation. The original trial court later denied the plaintiff's Tenn. R. Civ. P. 60.02 motion for relief from orders, and the plaintiff appealed. We find the trial court had no authority to order the case to any alternative dispute resolution procedure other than one established in Tenn. R. Sup. Ct. 31, that the mediating judge had no authority to dispose of the case and, consequently, all orders entered by that judge are void. We reverse the trial court's denial of Rule 60.02 relief, vacate orders entered in the court of the mediating judge, and remand for further proceedings.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Jeffrey S. Bivins |
Williamson County | Court of Appeals | 11/28/01 | |
| CH-00-1455-1
CH-00-1455-1
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 11/28/01 | |
| CH-00-1898-2
CH-00-1898-2
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 11/27/01 | |
| In re: Guardianship of Ashley Tatum
W2001-00859-COA-R3-CV
This case involves liability for misappropriation of funds in a guardianship estate. After a guardian was appointed by the probate court, Fidelity and Deposit Company of Maryland executed a guardianship bond as surety. The order appointing the guardian provided for the guardian's attorney to have joint control of the guardianship estate with the guardian. BellSouth Telecommunications, Inc. owed certain sums to the ward and was notified by the guardian's attorney of the joint control provision. The guardian's attorney also requested that the funds be sent to him to be deposited in the guardianship accounts. BellSouth ignored the request and sent the check payable to the guardian. Subsequently, the guardian misappropriated the funds, and the substitute guardian was awarded judgment against F & D. F & D filed a third party complaint against BellSouth for the sums so paid, and after a nonjury trial, the probate court entered judgment for F & D against BellSouth. BellSouth has appealed. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Robert S. Benham |
Shelby County | Court of Appeals | 11/27/01 | |
| Andrew Mays vs. Deborah Mays
W2000-03067-COA-R3-CV
This is a divorce and child custody case. Husband sued for divorce, and Wife countersued. Husband dismissed his complaint on the day of trial. Wife was granted the divorce and custody of the parties' minor child. On appeal, Husband argues that the trial court erred in its division of marital property, its decision to deny Husband rehabilitative alimony, its award of attorney's fees to Wife, and its decision not to hear evidence on the issue of child custody. We affirm in part, reverse in part, and remand the case to the trial court for a hearing on child custody.
Authoring Judge: Judge David R. Farmer
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 11/27/01 | |
| Troy Allen Thompson v. Elisa Connell Hulbert
W2000-02675-COA-R3-JV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:A. V. Mcdowell |
Shelby County | Court of Appeals | 11/27/01 | |
| Ashad R. A. Muhammed Ali v. Board of Probation and Parole, et al.
M2001-01194-COA-R3-CV
Petitioner seeks a writ of certiorari from the decision of the board of paroles declining to grant him parole. The Chancery Court of Davidson County, Irvin H. Kilcrease, Jr., Chancellor, dismissed the petition. We affirm the chancellor.
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 11/26/01 | |
| Jon Hall v. Bill McLesky, et al.
M2000-01857-COA-R3-CV
A death row inmate filed a Petition for Declaratory Judgment, claiming that employees of the Department of Correction had caused his attorney's phone number to be removed from an approved calling list, and had refused to restore the number to the list in a timely way. The inmate named seven employees of the Department and a private telephone company as defendants, and demanded monetary damages. The trial court dismissed the action, because the petitioner failed to comply with the mandatory requirements of the Uniform Administrative Procedures Act. Because we do not believe the petitioner was entitled to relief under any of the theories he advanced, we affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 11/21/01 | |
| State vs. Florence Harrell
E2001-01710-COA-R3-CV
In this appeal from the Chancery Court for Union County the Petitioner/Appellant, the State of Tennessee ex rel. Thomas J. Harrell, contends that the Chancery Court erred in denying the State a judgment against the Respondent/Appellee, Florence E. Harrell, for retroactive child support and for reimbursement of AFDC benefits paid by the State on behalf of Mr. Harrell and his and Ms. Harrell's two minor children. We affirm the judgment of the Chancery Court.
Authoring Judge: Judge Houston M. Goddard
|
Union County | Court of Appeals | 11/21/01 | |
| Jimmy Wilson v. State
M2000-02934-COA-R3-CV
By opinion of this Court dated August 27, 1999, dismissal by the trial court of Plaintiff's Petition for Declaratory Judgment or Common Law Writ of Certiorari complaining about computation of his sentence reduction credits was affirmed with costs assessed against Petitioner. He then attempted to have his inmate trust account shielded from collection of court costs by claiming exceptions under Tennessee Code Annotated section 26-2-101, et seq. The trial court denied his application and he filed timely appeal. We affirm the trial judge.
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 11/21/01 | |
| Johnetta Nelson v. Innovative Recovery Svcs. Inc.
M2000-03109-COA-R3-CV
This is a declaratory judgment action by Ruby Nelson against Innovative Recovery Services, Inc. ("IRSI"), subrogation recovery agent for Tennessee Coordinated Care Network, d/b/a Access ..MedPLUS ("TCCN"), a health maintenance organization under TennCare. TCCN paid $6,266.75 in medical expenses for Ruby Nelson and, under TennCare statutes, had a subrogation interest in this amount as to any third party recovery by Ms. Nelson. The Complaint asserts that TCCN is liable to attorneys for Ruby Nelson for attorney's fees in the amount of one-third of the subrogation interest. The Chancellor held TCCN not liable for attorney's fees to the attorneys representing Ruby Nelson, and we affirm the judgment of the Chancellor.
Authoring Judge: Judge William B. Cain
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 11/21/01 | |
| Ricky W. Mcelhaney v. Howard B. Barnwell
E2000-02748-COA-F3-CV
Originating Judge:Howell N. Peoples |
Hamilton County | Court of Appeals | 11/19/01 | |
| Ricky McElhaney vs. Howard Barnwell
E2000-02748-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Howell N. Peoples |
Hamilton County | Court of Appeals | 11/19/01 | |
| Dept. of Children's Svcs. vs. Jeri Layne
M2001-00652-COA-R3-JV
This is a termination of parental rights case involving four small children. The parental rights of the biological father, Carl Edward Layne, were terminated after default judgment was entered against him and such termination has not been appealed. The parental rights of the biological mother, Jeri Fay Layne, were terminated by the Juvenile Court of Grundy County after a hearing based upon statutory grounds of abandonment, failure to substantially comply with the permanency plan and persistent, unremedied conditions. Mrs. Layne timely appealed and we affirm the judgment of the Juvenile Court.
Authoring Judge: Judge William B. Cain
Originating Judge:Earlene Y. Speer |
Grundy County | Court of Appeals | 11/16/01 | |
| Kathie King v. Billy King
M2001-00275-COA-R3-CV
This is an appeal of a divorce proceeding presented to the trial court in an unusual manner, by agreement of all parties and all attorneys. Husband appeals the final judgment, and we affirm in part and reverse in part.
Authoring Judge: Judge William B. Cain
Originating Judge:Jim T. Hamilton |
Giles County | Court of Appeals | 11/16/01 | |
| Services v. D.G.S.L.
2001-00742-COA-R3-JV
Originating Judge:Carey E. Garrett |
Knox County | Court of Appeals | 11/16/01 | |
| Martin Walker vs. State
E2001-00629-COA-R3-CV
Martin Walker, an inmate in the Penal System of this State, filed two separate claims against the State in the amount of $30,000 and $1,000,000, alleging his constitutional rights of equal protection and due process were violated. The State's response contends that the claims he makes are not authorized against the State by T.C.A. 9-8-307(a), and also that both claims are barred by the one-year Statute of Limitations. The Claims Commissioner dismissed his claims and we affirm.
Authoring Judge: Judge Houston M. Goddard
|
Davidson County | Court of Appeals | 11/16/01 | |
| Sharon Kaye Outten v. Russell Campbell
M2001-00490-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 11/16/01 | |
| In the Matter of: C.J.S.
M2000-02836-COA-R3-JV
A.E.S. is the mother of C.J.S., who has been in foster care for four of his five years. At the State's petition, the trial court terminated these rights based upon A.E.S.'s mental incapacities. A.E.S. appealed this decision arguing that the grounds for termination were not proven by clear and convincing evidence. We affirm the decision of the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ben Hall Mcfarlin |
Rutherford County | Court of Appeals | 11/16/01 | |
| Alfred Bibbins, a/k/a Ed Owens vs. T.R. Gunn
E2001-01070-COA-R3-CV
The plaintiff filed a complaint seeking money damages and other relief against the defendant. The complaint alleges that the plaintiff is entitled to the requested relief based on past defamatory statements and anticipated "libelous and slanderous statements that damage plaintiff's reputation." The trial court dismissed the complaint "for lack of proof." We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 11/16/01 |