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| Philip Owens vs Bristol Motor Speedway, Inc.
E2000-02667-COA-R3-CV
In this putative class action suit, the plaintiff, Philip Owens, alleges that the defendant, Bristol Motor Speedway, Inc. ("Bristol Speedway"), engaged in a conspiracy to fix the prices of souvenirs sold at its racetrack. The trial court denied certification of the alleged class and granted Bristol Speedway's motion for summary judgment as to the plaintiff's individual claims. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Richard E. Ladd |
Sullivan County | Court of Appeals | 08/27/01 | |
| James Moody vs. William Lea
W2000-02916-COA-R3-CV
This appeal involves a dispute over an oral contract to lease farming equipment. The agreement provided that the defendant could use the plaintiff's farming equipment for an amount to be determined by a formula. The defendant began farming his land, intending to plant cotton, when the Mississippi River rose and the backwater covered his property. Because the backwater remained on the land for such a long period of time, the defendant could no longer grow cotton; he had to grow soybeans instead. Subsequently, the defendant refused to pay the plaintiff the amount the plaintiff claimed under the contract, and the plaintiff sued. The trial court held that the contract was enforceable and that the defendant's performance was not excused by the doctrine of frustration of commercial purpose. The defendant appeals the ruling of the trial court. For the reasons below, we affirm in part, reverse in part, and remand the case to the trial court to modify the judgment.
Authoring Judge: Judge David R. Farmer
Originating Judge:R. Lee Moore Jr. |
Dyer County | Court of Appeals | 08/27/01 | |
| G. Kline Preston vs. Garrett Realty Service, Inc.
M2000-02350-COA-R3-CV
Davidson County -This matter comes to us on appeal from summary judgment granted due to Tennessee's lack of personal jurisdiction over Defendant. Plaintiff attempted to rent a condominium in Florida and sued Defendant in Tennessee for breach of contract after Defendant discovered a mistake in the quoted price and refused to rent the condo to Plaintiff for the quoted price. The circuit court determined that Tennessee had no personal jurisdiction over Defendant and dismissed the case. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 08/27/01 | |
| Meloney Carr vs. Grady Carr
W2000-02420-COA-R3-CV
This is a child custody case. The parties were separated in February 2000 and the father was awarded temporary custody of the parties' two minor children. After the trial, the mother was granted the divorce, but custody of the two children remained with the father. The father was required to pay rehabilitative alimony on the condition that the mother enroll in EMT classes. The mother appeals, asserting that the trial erred in denying a continuance when several of the mother's witnesses were unavailable to testify at the hearing, in awarding custody to the father, in making the rehabilitative alimony conditional on the mother enrolling in EMT classes and in the division of marital property. We reverse the award of custody to the father, modify the order on rehabilitative alimony, modify the division of marital property, and remand to the trial court to determine issues relating to child support.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George R. Ellis |
Haywood County | Court of Appeals | 08/27/01 | |
| Ella McCain, Conservator
W2000-02218-COA-R3-CV
This is a personal injury case arising from a vehicle/pedestrian accident. A pedestrian wandered from the nursing home at which he resided and began walking alongside a roadway. The defendant driver saw the pedestrian as he was driving on the roadway. As the driver approached, the pedestrian suddenly stepped into the roadway and was struck by the defendant's truck. The pedestrian suffered significant injuries. The pedestrian's daughter, as his conservator, filed suit against the defendant driver. At the conclusion of the plaintiff's proof, the defendant driver moved for a directed verdict on the grounds that there was insufficient evidence that the defendant driver was negligent. The trial court granted a directed verdict for the defendant driver and the plaintiff now appeals. We affirm, finding that the plaintiff failed to adduce evidence from which a reasonable jury might conclude that the defendant driver was negligent.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Jon Kerry Blackwood |
Fayette County | Court of Appeals | 08/27/01 | |
| Jeanne Alice Gabel vs. Todd Edward Gabel
E2000-02585-COA-R3-CV
The trial court entered a default judgment against the defendant in this divorce case even though the defendant had filed an answer within the time frame set forth in Rule 12.01. We conclude that entry of the default judgment was not appropriate when the defendant timely filed an answer, and, therefore, vacate the judgment of the trial court.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Richard R. Vance |
Sevier County | Court of Appeals | 08/27/01 | |
| Tarrance Robinson vs. Neil Clement, et al
M2001-00365-COA-R3-CV
This appeal involves a state prisoner housed at the Riverbend Maximum Security Institution who was disciplined for possessing a deadly weapon. After exhausting his internal appeals, the prisoner filed a common-law writ of certiorari in the Chancery Court for Davidson County, alleging that the disciplinary proceedings had violated his due process rights. The trial court granted the State's motion to dismiss the petition. On this pro se appeal, the prisoner asserts that the trial court erred by dismissing his petition. We have determined that the prisoner's petition does not state a claim upon which relief can be granted and, therefore, affirm the trial court.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 08/27/01 | |
| Suzanne Jones vs. Metro Elevator Co.
W2000-02002-COA-R3-CV
This appeal involves claims for injuries sustained by the plaintiff while riding in an elevator. The plaintiff brought suit against numerous parties including the company managing the building and the company under contract to service the elevators in the building. The circuit court granted a motion for summary judgment as to the company managing the building. The case proceeded to trial, however, against the company under contract to service the elevators. After the circuit court refused to instruct the jury on the doctrine of res ipsa loquitur, the jury returned a verdict in favor of the elevator service provider. The plaintiff appeals the grant of summary judgment and the refusal to instruct the jury on the doctrine of res ipsa loquitur and for the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Mark Agee |
Madison County | Court of Appeals | 08/27/01 | |
| Barbara Gaskins vs. Roger Gaskins
E2000-02915-COA-R3-CV
This appeal from the Circuit Court of Greene County questions whether the Trial Court erred in awarding Ms. Gaskins alimony for a seven year period. Mr. Gaskins appeals the decision of the Circuit Court of Greene County. We affirm the decision of the Trial Court as modified and remand for further proceedings consistent with this opinion. We adjudge costs of the appeal against the Appellant, Roger Arthur Gaskins, and his surety.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Ben K. Wexler |
Greene County | Court of Appeals | 08/27/01 | |
| Howard Zoldessy vs. Ingrid Davis, et al
E2000-02526-COA-R3-CV
Upon the application of Howard Zoldessy, a temporary injunction was issued by the trial court against the defendants, Ingrid Davis and Arthur Davis. The Davises are the parents of Zoldessy's deceased wife and the grandparents of Zoldessy's daughter, Rachel. The injunction in question prohibits the defendants "from coming about [Howard Zoldessy] and his daughter, Rachel Zoldessy, or contacting him in any manner whatsoever." Following a bench trial, the trial court found that both defendants had committed willful criminal contempt by "coming about [Zoldessy's] residence on October 4, 1999." Each defendant was sentenced to 48 hours imprisonment for their contempt. Mr. Davis was also found in contempt for sending letters to Zoldessy and was sentenced to an additional term of imprisonment of 48 hours. The defendants appeal the trial court's findings of contempt, as well as the sentences imposed. We affirm the finding of contempt as to the letters sent to Zoldessy; however, we reverse the finding of contempt for the defendants' purported "coming about" Zoldessy and his daughter.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 08/27/01 | |
| Elizabeth Hickman vs. Celia Jordan
W2000-03070-COA-R3-CV
This dispute stems from an accident in a restaurant parking lot in which a pedestrian, the plaintiff, was struck by a vehicle driven by the defendant, who was backing-up through the parking lot. The jury in this case found the defendant driver not at fault. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Roger A. Page |
Madison County | Court of Appeals | 08/24/01 | |
| 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 | 08/24/01 | |
| Ricky Brown Sr. vs. C.O.I. Majors
W2001-00536-COA-R3-CV
This appeal arises from the dismissal of the Appellant's petition for writ of certiorari seeking review of disciplinary action and the confiscation of property. The Circuit Court of Hardeman County dismissed the Appellant's petition for writ of certiorari for the Appellant's failure to comply with section 41-21-801, et seq. of the Tennessee Code, for lack of subject matter jurisdiction, and for failure to state a claim upon which relief can be granted. The Appellant appeals the dismissal of his petition for writ of certiorari. For the reasons stated herein, we affirm the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Dewey C. Whitenton |
Hardeman County | Court of Appeals | 08/24/01 | |
| Emmett Dunlap vs. Nancy Davis
W2001-00894-COA-R3-CV
Plaintiff-inmate, acting pro se, filed a petition for writ of certiorari to review a judgment of the general sessions court dismissing his case. The trial court denied plaintiff's petition and he appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 08/24/01 | |
| Brenda King vs. Danny King, D.V.M.
M1999-02556-COA-R3-CV
This is a divorce case. The parties divorced after 31 years of marriage. The trial court granted the wife a divorce on the grounds of inappropriate marital conduct. The wife was awarded alimony in futuro in the amount of $6000 per month for two years. After two years, the wife would receive $4500 per month and, upon remarriage, the amount of alimony in futuro would decrease to $2000 per month. The trial court also ordered the husband to pay $10,000 of the wife's attorney's fees. Both parties appeal; the wife appeals the division of marital property and the husband appeals the award of alimony. We affirm in part, modify in part, and reverse in part, affirming the award of alimony in futuro, modifying the amount of alimony and eliminating the award of alimony in futuro after the wife's remarriage.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 08/22/01 | |
| William Martin vs. Douglas Sizemore, et al
M1997-00203-COA-R3-CV
This appeal involves a disciplinary proceeding against a licensed architect. Following a lengthy hearing, the Tennessee Board of Examiners for Architects and Engineers concluded that the architect had engaged in misconduct in the practice of architecture in connection with four projects and suspended his certificate of registration for three years. The architect appealed the Board's decision to the Chancery Court for Davidson County. The trial court reversed the Board's decision after determining that the decision was not supported by substantial and material evidence. On this appeal, the Board asserts that its suspension of the architect's certificate of registration has adequate evidentiary support. The architect renews his argument that the Board's proceedings violated his procedural due process rights because the attorney who prosecuted the State's case against him also served as the Board's lawyer in other matters. Except for a portion of the charges involving one project, we concur with the trial court's conclusion that the Board's decision lacked evidentiary support because the State failed to present expert testimony regarding the applicable standard of care. We have also determined that the architect has not carried his burden of demonstrating that the Board was actually biased against him because the lawyer who prosecuted the State's case also provided other, unrelated legal services to the Board. Accordingly, we affirm the trial court's judgment as modified herein and remand the case to the Board for further proceedings.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 08/22/01 | |
| Ronald Davis vs. The Tennessean, et al
M1999-01602-COA-R3-CV
The plaintiff filed a libel action against a newspaper, The Tennessean, its publisher and its editor, alleging his reputation had been harmed by a sentence in an article which stated that he had shot a man, when, in fact, his co-defendant had killed the victim. The trial court granted the defendants' motion to dismiss, finding the plaintiff to be "libel proof" in this matter because he had been convicted of aiding and abetting in the murder and incarcerated for the remainder of his life for the crime, "render[ing] any reputation he may have had virtually valueless." We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 08/21/01 | |
| Kimberly Caudill vs. William Howard Foley
M2000-01512-COA-R3-CV
This appeal arises from an action seeking attorney's fees from a previous child custody action. After divorce, Mother was awarded custody of Child. Upon remarrying, Mother sought to move to Florida with Child. Father protested and sought primary custody of Child. Judge, finding the child relocation statutes unconstitutional, awarded Father custody. Mother hired Lawyer for an appeal of this ruling. While this appeal was pending, Father brought suit for child support. Lawyer sought recusal of Judge due to previous contact between them when Judge was an attorney. Judge refused to recuse himself and disqualified Lawyer. This action was appealed. While this appeal was pending, the child custody appeal was decided by this court and Child was returned to Mother's custody. Mother brought action in the trial court seeking fees from this first trial and appeal which Judge denied. Mother appealed this denial, with the result that the failure of Judge to recuse, the disqualification of Lawyer and the attorney's fees appeals were consolidated before this court. We affirm in part and reverse in part.
Authoring Judge: Judge David R. Farmer
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 08/21/01 | |
| Mohamed Ali, M.D., vs. Fredia Moore and Danny Story
E2000-02534-COA-R3-CV
The Trial Court held the statute of limitations had run on plaintiff's Complaint. On appeal, we dismiss the appeal as not being timely filed.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 08/21/01 | |
| E2001-00228-COA-R3-CV
E2001-00228-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Telford E. Forgerty, Jr. |
Cocke County | Court of Appeals | 08/21/01 | |
| E2001-01163-COA-R3-JV
E2001-01163-COA-R3-JV
Authoring Judge: Presiding Judge Herschel P. Franks
|
Roane County | Court of Appeals | 08/21/01 | |
| Robert LeeGrand v. Trinity Universal Insurance
W2000-02664-SC-WCM-CV
The appellant presents the following issues for review: (1) Whether the trial court erred in ruling that the plaintiff did not sustain an injury that arose out of his employment; (2) whether the trial court erred in ruling that the plaintiff received no permanent disability from his injuries; (3) whether the trial court erred in failing to make a specific finding as to the benefit rate, and (4) whether the trial court erred in failing to award plaintiff discretionary costs. Although we hold that the plaintiff's injury arose out of the plaintiff's employment, we affirm the trial court's conclusion that the plaintiff received no permanent disability from his injury.
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 08/20/01 | |
| Deborah Warren vs. James Ferguson
W2000-02027-COA-R3-CV
This appeal involves a complaint to establish parentage and set child support. The court below ordered genetic testing, which proved that James R. Ferguson is the natural father of the children at issue. The court also entered a judgment of $8,623.00 for retroactive child support, $280.00 for the cost of genetic testing, and the court reserved the issue of current support until Mr. Ferguson is released from prison. We vacate the trial court's final order based on our conclusion that the trial court erred in failing to rule on Mr. Ferguson's Motion for the Appointment of Counsel, or alternatively, his request that the matter be held in abeyance until he is released from incarceration.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:James H. Bradberry |
Weakley County | Court of Appeals | 08/20/01 | |
| 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 | 08/17/01 | |
| Joe Jones v. Mary McMurray, et al
M2000-01959-COA-R3-CV
In this malicious prosecution action, Joe T. Jones ("Plaintiff") appeals the Trial Court's grant of summary judgment to the defendants after concluding there was no genuine issue of material fact supporting Plaintiff's allegation of fraud surrounding entry of a judgment against Plaintiff in the underlying lawsuit. We affirm the judgment of the Trial Court.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 08/17/01 |