Please enter some keywords to search.
| Kenneth Hughes, et ux. v. Estate of Elizabeth Haynes
M2002-01896-COA-R3-CV
This appeal involves a claim filed against an estate for recovery for personal services rendered by claimants, husband and wife, to the decedent. The probate court granted the claim. Estate appeals. We reverse.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Floyd Don Davis |
Franklin County | Court of Appeals | 09/26/01 | |
| Johnny Jenkins v. Kemper Insurance Co.
E2001-00154-WC-R3-CV
Authoring Judge: Sr. Judge John K. Byers
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 09/26/01 | |
| Eddie Cooley v. Joe May
M2001-01162-COA-R3-CV
This appeal involves a state prisoner's efforts to obtain an accounting for the sentence credits he earned while incarcerated in the Sequatchie County Jail. After the prisoner discovered that the Tennessee Department of Correction had received no information from the Sheriff of Sequatchie County regarding his sentence credits, he filed a petition for writ of mandamus in the Circuit Court for Sequatchie County seeking to compel the sheriff to calculate his sentence credits and forward the information to the Department. The sheriff filed a pro se response asserting that the prisoner forfeited any sentence credits he may have earned by violating his parole. Thereafter, the District Attorney General for the Twelfth Judicial District moved to dismiss the prisoner's petition for lack of subject matter jurisdiction. The trial court granted the motion and dismissed the petition. The prisoner has now appealed. We have determined that the trial court erred by concluding that it lacked subject matter jurisdiction to consider the prisoner's petition. Accordingly, we reverse and remand the case for further proceedings.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Buddy D. Perry |
Sequatchie County | Court of Appeals | 09/26/01 | |
| Dept.of Children's Svcs. vs. D.R., et al
E2000-01381-COA-R3-CV
These parents of three minor children ("Children") were arrested in April 1998, while the Children were with them, for possession of a firearm, drug possession, and public intoxication. The State of Tennessee, Department of Children's Services ("DCS"), filed a Petition for Temporary Custody of the Children which was granted. Thereafter, DCS entered Plans of Care with the Juvenile Court with which the parents, D.R. ("Mother") and L.M.R. ("Father"), had agreed. The Children remained in foster care for eighteen months during which time the parents were to work toward completing the goals set forth in the Plans of Care so they could be reunited with the Children. In August 1999, DCS filed a Petition to Terminate Parental Rights. The Juvenile Court Referee heard this petition in October 1999, and granted it. The Juvenile Court Referee's Termination of Parental Rights and Final Decree of Guardianship was entered in April 2000 and confirmed by the Juvenile Court Judge in June 2001. Both Mother and Father appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:William Terry Denton |
Blount County | Court of Appeals | 09/25/01 | |
| Dawn A. Dugan v. Elliott R. Myers (Deceased),
E2001-00281-COA-R3-JV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:John L. Kiener |
Washington County | Court of Appeals | 09/24/01 | |
| Dawn A. Dugan v. Elliott R. Myers (Deceased), Et Al.
E2001-00281-COA-R3-JV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:John L. Kiener |
Washington County | Court of Appeals | 09/24/01 | |
| Lori Castle vs. Jeffrey Baker
E2000-02772-COA-R3-CV
These parties were divorced in May 1992. Custody of their daughter, Brittany, then 5 years old, was awarded to Mother pursuant to an Marital Dissolution Agreement [MDA] which obligated Father to pay $575.00 monthly support. About three months after the divorce was granted, the custodial care of Brittany was transferred to Father, by agreement of the parties and without recourse to the Court. In June 1998, Mother sought contempt liability against Father alleging that he was in arrears with his child support obligation in the amount of $40,800.00: at trial, the amount was stipulated to be $36,800.00. Father responded by filing a petition for change of custody, alleging that Brittany had resided with him for several years, a material change in circumstances. He also sought forgiveness of the arrearage. The Trial Court found a change in circumstances and awarded custody of Brittany to her father who was also credited with the monetary value of the necessities he furnished Brittany from August 1992 through February 1997. Mother appeals. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:John S. Mclellan, III |
Sullivan County | Court of Appeals | 09/21/01 | |
| Ben Doubleday vs. Larry Hargrove
M2000-02648-COA-R3-CV
This is an action to recover the balance due on a contract for the sale of timber. The purchaser's defense was impossibility of performance, because the seller had allegedly destroyed access. The seller testified that the purchaser cut and removed 95 percent of the timber, while the purchaser said he removed only about 40 percent owing to lack of access. The trial judge awarded the seller a judgment for the balance owing less some off-sets not relevant here. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Tamra L. Smith |
Bedford County | Court of Appeals | 09/21/01 | |
| Parks Properties, et al vs. Maury County, et al
M1997-00235-COA-R3-CV
Parks Properties and Columbia Warehouses, Inc. have filed a petition pursuant to Tenn. R. App. P. 39 requesting a rehearing of this court's August, 17, 2001 opinion. We requested and have now received an answer to this petition on behalf of Maury County and Judy Langsdon. Parks Properties and Columbia Warehouses insist that our conclusion that they lacked a protectable property interest in constructing the two warehouses without installing the automatic required sprinkler systems is based on our "misunderstanding that the warehouses would have contained tobacco or other combustible products." They assert that "there was never any evidence before the trial court that the warehouses would be used to store tobacco or other combustible products." This argument misses the point. The lynchpin of our opinion is that the record contains no evidence (1) that the Parks family ever told any county official that tobacco and other combustible materials would not be stored in these warehouses and (2) that the Parks family never sought a waiver of the automatic sprinkler requirements under Section 402.4.1 exception
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:William B. Cain |
Maury County | Court of Appeals | 09/20/01 | |
| Darin Shaffer vs. Shelby Co.
W2000-02215-COA-R3-CV
This appeal involves an accident in which a mother and son were hit by an automobile. The mother received fatal injuries in the accident. The survivors brought an action against Shelby County for the wrongful death of the mother and for negligent infliction of emotional distress with respect to the son. A jury found Shelby County liable for $12,039,049.01. The award was reduced in accordance with the Governmental Tort Liability Act (the GTLA) to $260,000.00 plus discretionary costs of $5,434.55. The plaintiffs appealed the reduction of liability alleging that the GTLA violated the Tennessee Constitution and should be judicially abrogated. The plaintiffs further allege that even if the GTLA is upheld, liability should be capped at $350,000.00 as opposed to $260,000.00. Shelby County also raises several issues in this appeal. First, Shelby County alleges that it was performing a discretionary function, which immunizes it from liability. Shelby county also contends that the proof shows the mother to be at fault and fails to show that the son suffered a serious emotional injury. In addition, Shelby County argues that the verdicts were excessive and were tainted by inappropriate arguments made during the plaintiffs' closing. Finally, Shelby County alleges that the trial court erred by assessing discretionary costs, which caused the award to exceed the GTLA's statutory cap on damages. For the following reasons, we reverse the trial court's award of discretionary costs and affirm the trial court in all other respects.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 09/19/01 | |
| David Brown vs. Ruth Johnson, Commissioner, TN Dept. of Revenue
M2000-02114-COA-R3-CV
Taxpayer purchased baled straw from farmers which he sold to landscapers, sales tax free. A Notice of Assessment was served on the taxpayer for the sales tax, plus penalty and interest. After payments of these amounts taxpayer filed suit for refund, challenging the assessments. The trial judge found that the sales taxes were properly assessed, but that both interest and penalty should be waived. Both parties appeal. We hold that the taxpayer is liable for the tax together with penalty and interest.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 09/19/01 | |
| Sandra Krug vs. Jean Wahl
E2000-02959-COA-R3-CV
This is an appeal from the Trial Court's refusal to set aside a judgment rendered in Oklahoma which Plaintiff Sandra Krug petitions to have registered on the ground that the Defendant, Jean E. Wahl, was never served with process in connection with the Oklahoma proceedings. Because there is no transcript of the hearing below, we must conclusively presume that the evidence supported the determination of the Trial Court. We affirm
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Telford E. Forgerty, Jr. |
Sevier County | Court of Appeals | 09/19/01 | |
| Tomkats Catering, Inc. vs. Ruth E. Johnson, Commissioner of Revenue, State of TN
M2000-03107-COA-R3-CV
This is a sales tax case. The tax period is from December 1, 1990 through January 31, 1994. During this period TomKats, a catering business, charged its customers a fixed, per unit price for food, but provided optional services for an additional charge, which was billed separately. The Commissioner ruled that such optional services were a "part of the sale," and assessed a tax deficiency which TomKats paid and filed this action for a refund which was unavailing. The judgment is reversed.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 09/19/01 | |
| Charles David Killion vs. Johnny Huddleston
M2000-02413-COA-R3-CV
This is an action for damages for negligent misrepresentation. The plaintiff invested $50,000.00 in Eureka Vacuum Cleaner Company at the advice and urging of the unlicensed defendant who was to receive a substantial commission. The investment was a scam. Recovery for the loss was allowed. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 09/19/01 | |
| Chemical Residential vs. Donna Hodge
W2000-02958-COA-R3-CV
This case involves the negligent impairment of a security interest. Plaintiff Chemical Residential Mortgage Corporation held a note and deed of trust on the subject real property. Subsequently, defendant Commercial Credit, Inc., negligently executed and filed a release deed on the property. Later, defendant Southern Financial made a second loan to the debtor secured by the same property. After Chemical Residential realized that its deed had been released in error, it brought the instant declaratory judgment action against Southern Financial and Commercial Credit, seeking a declaration that its deed was senior to that of Southern Financial. Southern Financial filed a cross-claim against Commercial Credit for the impairment of its security interest. The trial court found in favor of Chemical Residential and Southern Financial against Commercial Credit, and held that Chemical Residential's deed was senior to that of Southern Financial. On the cross-claim, the trial court awarded Southern Financial damages against Commercial Credit in an amount equal to the total amount due on the secured note. Commercial Credit now appeals, arguing, inter alia, that the trial court's measure of damages was erroneous. We reverse on the issue of damages and remand for a redetermination of those damages.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Donald H. Allen |
Madison County | Court of Appeals | 09/19/01 | |
| Terri Jackson vs. Danny Jackson
W2001-00302-COA-R3-CV
This appeal involves the calculation of an obligor parent's net income for purposes of determining whether a decrease in child support obligations is warranted. Appellant's motion to decrease child support obligations was overruled by the lower court based on a finding that no significant variance existed between the guidelines and the amount of support currently ordered. In calculating the guidelines amount, the court refused to decrease Appellant's gross income by temporary living expenses he accrued because of his job assignment. Appellant appealed alleging that the deduction in his gross income should be allowed. For the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Appeals | 09/19/01 | |
| Venelsia Stephens vs. Shelby Co. Govt.
W2000-01353-COA-R3-CV
County employee sued county for on-the-job injury benefits resulting from carpel tunnel syndrome. Employee filed suit over one year after the county denied her claim for benefits. After a nonjury trial, the trial court dismissed plaintiff's case with prejudice as barred by the one-year statute of limitations. Employee appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 09/19/01 | |
| Pilgrim Emmanual Baptist Church vs. Albert Buckingham, et al
M2000-02377-COA-R3-CV
The parties agreed to the consolidation of two cases for trial and appellate proceedings. The plaintiffs in each case sought broad injunctive relief to correct alleged irregularities in the affairs of the church. All named parties, plaintiffs and defendants, were enjoined from disturbing or disrupting any worship service or church meeting, and certain safeguards were placed on church funds and property. Thereafter, the church moved for summary judgment which was granted, thus effectively terminating the litigation. Mr. Buckingham appeals.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 09/19/01 | |
| Walter W. Carlen, Sr., et al vs. Ronald E. Jackson
M2000-02564-COA-R3-CV
The defendant asserted a comparative fault defense to a tort claim against him arising from his operation of a truck. He attributed fault to General Motors Corporation and Carlen Motors Inc. the manufacturer and prospective seller, respectively, of the truck. The defendant did not respond timely to a request for admission and summary judgment was entered that the defendant could not assert the affirmative defense attributing fault to General Motors and Carlen Motors Inc.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:John A. Turnbull |
Putnam County | Court of Appeals | 09/19/01 | |
| CH-00-0135-2
CH-00-0135-2
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 09/19/01 | |
| Vince Mullins vs. Theresa Mullins
E2001-00912-COA-R3-CV
The Trial Court granted parties a divorce, awarded custody of minor child to mother, and ordered rehabilitative alimony and attorney's fees to mother. Husband appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas R. Frierson, II |
Greene County | Court of Appeals | 09/19/01 | |
| Dolores E. Rossello vs. Michael Magill, Commissioner
M2001-00113-COA-R3-CV
The judgment of the Chancery Court is affirmed pursuant to Rule 10, Rules of the Court of Appeals.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 09/19/01 | |
| Marta Monzon vs. Miguel Angel Monson
E2000-03155-COA-R3-CV
The appellant, Marta Monzon, filed her notice of appeal more than 30 days after the entry of the trial court's final judgment. As a consequence of this late filing, we are without jurisdiction to hear this appeal. Accordingly, the appeal is dismissed.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 09/19/01 | |
| Marta Monzon vs. Miguel Angel Monson
E2000-03155-COA-R3-CV
The appellant, Marta Monzon, filed her notice of appeal more than 30 days after the entry of the trial court's final judgment. As a consequence of this late filing, we are without jurisdiction to hear this appeal. Accordingly, the appeal is dismissed.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 09/19/01 | |
| Mitzi Lyne vs. George Price
W2000-00870-COA-R3-CV
This is an intentional interference with employment case. An at-will employee worked as a secretary for a university's athletic department. The employee was discharged when she allegedly refused to cooperate with her supervisor and remain silent about conduct she believed was illegal and in violation of the university's policies. The employee filed a lawsuit against, among others, her former supervisor in both his individual and his official capacities for intentional interference with her employment with the university. The trial court dismissed the complaint in its entirety. The employee appeals the dismissal of the claims against the former supervisor in his individual capacity. We reverse, finding that the employee's complaint states a cause of action based on the allegations that the employee's supervisor procured her discharge to further his own personal interests and for reasons unrelated to furthering the interests of the university.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 09/18/01 |