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| Sandra Harris v. John W. Harris, Jr.
W2000-03058-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 10/15/01 | |
| Mark Wishon, et ux vs. Ear, Nose, & Throat Associates, PC., et al
E2001-01031-COA-R3-CV
Plaintiffs appeal from summary judgments in medical malpractice case granted to defendants, and from the Trial Court's refusal to grant them a voluntary dismissal during the pendency of the summary judgment motions. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 10/15/01 | |
| Vicky Lockhart vs. Robert Lockhart
W2000-02922-COA-R3-CV
The Appellant and the Appellee were divorced by final decree of divorce incorporating a marital dissolution agreement entered into by the parties. The marital dissolution agreement provided that the Appellee was to have custody of the parties' two minor children. The Appellant filed a petition to modify custody of the parties' children in the Chancery Court of Tipton County. At the hearing on the petition, the Appellant first raised the issue that the Appellee was not the biological father of one of the children. The trial court held that the Appellant was judicially estopped to raise the issue of the paternity of one of the children and denied the petition to modify custody. The Appellant appeals the decision of the Chancery Court of Tipton County holding that the Appellant was judicially estopped to raise the issue of paternity and denying the petition to modify custody. For the reasons stated herein, we affirm the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Martha B. Brasfield |
Tipton County | Court of Appeals | 10/15/01 | |
| Joy Mcvey Porter v. Money Tree Finance Corporation Ii,
2001-01142-COA-R3-CV
Originating Judge:Jean A. Stanley |
Washington County | Court of Appeals | 10/15/01 | |
| Anthony McNabb, et ux vs. Highways, Inc., et al
E2001-00867-COA-R3-CV
Plaintiffs' action for damages for personal injury allegedly due to defendant's negligence, was dismissed by the Trial Judge for failure of plaintiffs to join all alleged tort feasors in one action. On appeal, we vacate and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Lawrence H. Puckett |
Polk County | Court of Appeals | 10/15/01 | |
| State ex rel. Benjamin Bowman, et al vs. City of Elizabethton
E2001-00597-COA-R3-CV
In this condemnation suit the landowners, whose property was originally proposed to be annexed but later excluded, appeal the Trial Judge's determination that they have no standing to prosecute the suit contesting the annexation. Other landowners who were in the original annexation ordinance and remained therein after the amended ordinances excluding realtors, sought to intervene and contest the City's right to annex. Their suit was likewise dismissed upon a finding by the Trial Court that they had not filed an exception within the 30-day period allowed by Statute. We affirm the Trial Court's resolution both as to the Realtors and the parties attempting to intervene.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:G. Richard Johnson |
Carter County | Court of Appeals | 10/15/01 | |
| Sheila Byrd vs. David Buhl
M2001-00070-COA-R3-CV
This appeal involves a custody and visitation dispute brought by divorced parents having joint custody of their child. After the mother of the child moved out of state, the child's father petitioned the court for change of custody. The mother then counter-petitioned the court for an increase in child support. After a hearing on the matter, the court altered the previous visitation agreement, increased child support, granted the father the right to claim the child as a dependent for income tax purposes, and refused to grant the mother attorney's fees. This appeal followed and for the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 10/12/01 | |
| In re: The Estate of Luther Garrett
M1999-01282-COA-R3-CV
The testator, a father of six, left a will which devised to one of his children a specific tract of land which, according to the will, was described in an attached survey map. No survey map was attached to the will. Appellant, the recipient of that bequest, disagreed with his siblings about the size of the tract to which he was entitled. After hearing both parties' evidence, the trial court found that the testator's intent was to devise separate seven acre tracts to both Appellant and one of his brothers with the remainder of the estate's property to be divided equally among the six children. Appellant then commenced this appeal. We affirm in part and reverse in part.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Billy Joe White |
Fentress County | Court of Appeals | 10/12/01 | |
| Terry Brough vs. Muriel Adcroft
W2001-00786-COA-R3-CV
This appeal involves a trial court's grant of prejudgment interest on arbitration awards. Subsequent to an automobile accident, the plaintiffs filed suit against their uninsured motorist policy carrier and another individual involved in the accident. The case proceeded to arbitration and the plaintiffs were awarded $140,000.00, which was paid by the insurance company. Upon obtaining new counsel, the plaintiffs learned of a relationship between the arbitrator and the insurance company and motioned the court to vacate the arbitration award. The trial court granted plaintiff's motion and resubmitted the case for a second arbitration. The plaintiffs were awarded $245,000.00 at the second arbitration and, soon after, motioned the court for prejudgment interest on the award. The trial court awarded the plaintiffs $71,042.72 of prejudgment interest. The insurance company appealed the decision to grant prejudgment interest and both parties have contested the method of calculation employed by the trial court. For the following reasons, we affirm in part, vacate in part, and remand this case for further proceedings consistent with this opinion.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 10/12/01 | |
| Robert Smith vs. Warden Larry Craven
W2001-00955-COA-R3-CV
Petitioner appeals from the trial court's order denying Petitioner's petition for writ of certiorari. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 10/12/01 | |
| Joanne Barrett vs. Christopher Barrett
M2000-00380-COA-R3-CV
In this divorce appeal the wife asserts that the trial judge erred in awarding custody of the children to the father, in refusing to award her rehabilitative alimony, and in the division of the marital estate. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Royce Taylor |
Rutherford County | Court of Appeals | 10/12/01 | |
| Eileen Dunloy v. Brian Dunloy
M2000-03103-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Lee Russell |
Marshall County | Court of Appeals | 10/11/01 | |
| Eileen Dunloy v. Brian Dunloy
M2000-03103-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Lee Russell |
Marshall County | Court of Appeals | 10/11/01 | |
| James E. Gunter v. U.C.H.R.A. and Kristi A. Poore
M1999-01591-COA-R3-CV
In this appeal, the appellant, Mr. Gunter, filed a claim for personal injury and property damages against a local governmental entity in general sessions court. The governmental entity orally moved to dismiss citing the Tennessee Governmental Tort Liability Act, which grants exclusive jurisdiction over these cases to the circuit court. The general sessions court denied the motion and transferred the case to circuit court, and that court dismissed the action based on the statute of limitations. Mr. Gunter now appeals the dismissal of his case by the circuit court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Conrad E. Troutman, Jr. |
Fentress County | Court of Appeals | 10/11/01 | |
| M2001-00095-COA-R3-CV
M2001-00095-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 10/11/01 | |
| Charles Moore v. Clyde Green
M2000-03203-COA-R3-CV
This appeal involves a dispute concerning the estate of Nellie K. Ellis. The plaintiffs, Charles W. Moore, Linda Moore Maggart (Executrix of the estate of Herschel Moore, deceased), Ray Swing, Juantia Swing Sircy, Jeane S. Pennington, and James E. Swing, contested the decision to admit the will to probate. Their position is that the will is invalid because of a train of circumstances which shows the will was (1) not properly executed, (2) the testator lacked sufficient mental capacity, or (3) the beneficiary exercised undue influence over the testator. The trial court granted the defendant Clyde Green summary judgment, holding that the will was properly executed and that the plaintiffs did not adequately prove undue influence or lack of mental capacity. We affirm the trial court's decision.
Authoring Judge: Judge John J. Maddux, Jr.
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 10/11/01 | |
| John T. King v. Anne B. Pope, Commissioner of The Tennessee
M2000-02127-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 10/10/01 | |
| Raymond Workman, et ux v. Wal-Mart Stores East, Inc.
M2001-00664-COA-R3-CV
This is an appeal by Wal-Mart, Inc., from a jury verdict and a judgment totaling $30,000 in favor of Raymond D. Workman and Nola Ann Workman, for damages caused by a slip and fall Mr. Workman suffered at Wal-Mart's store. Wal-Mart, Inc. has appealed this judgment insisting that the trial court erred by not setting aside the jury verdict and directing a verdict in their favor, or not granting a new trial. For the reasons stated in this opinion, we affirm the trial court's decision and remand the case.
Authoring Judge: Judge J. S. Steve Daniel
Originating Judge:Robert L. Holloway |
Maury County | Court of Appeals | 10/10/01 | |
| Thomas Harrison, et al. v. Earl Laursen, et al.
M2001-00073-COA-R3-CV
This appeal involves pre-judgment interest on unpaid attorney's fees. The defendants owed the law firm attorney's fees alleged to be in the amount of $16,544.52 that accrued between November 1990 to April 1993. In 1996, the parties orally agreed to a lesser payment of $7,000.00 in settlement of the larger debt. The defendants paid $1,500.00 but failed to pay the remaining balance owed. The trial court ordered Defendants to pay pre-judgment interest on the unpaid fees and Defendants appeal. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Robert L. Jones |
Giles County | Court of Appeals | 10/10/01 | |
| Thomas Roache vs. Justine Bourisaw
M2000-02651-COA-R3-CV
This case involves a non-custodial parent's petition for change of custody. The original marital dissolution agreement granted the mother full custody of the child and the father alternate weekends and holidays and two weeks each summer. The mother later moved to Missouri, and the parties adjusted visitation accordingly. Later, the father filed and was granted a contempt motion due to the mother's failure to allow him to see the child. He subsequently filed a motion for change of custody which was also granted. The court found that the circumstances warranted the change of custody. The mother appeals. We affirm the trial court's change of custody.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 10/10/01 | |
| City of Lebanon vs. Raymond Harris
M1999-01025-COA-R3-CV
This case involves the zoning and sign ordinances of Lebanon, Tennessee. Mr. Harris had placed small outdoor insulated metal storage buildings at several properties within the city of Lebanon. The buildings had on the sides information advertising his company and a phone number to contact him for information to buy or rent one of these buildings. He was fined for violations of the City of Lebanon ordinance allowing only one principal building and its customary accessory buildings on a lot and for violation of the sign ordinance. The circuit court reversed the city court's fines and held that the buildings were not principal buildings and that they were not portable signs. For the reasons below, we affirm the circuit court's decision in part and reverse in part.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Clara W. Byrd |
Wilson County | Court of Appeals | 10/10/01 | |
| Rene Mercer, et al vs. HCA Health Services of TN, Inc.
M2000-02785-COA-R3-CV
A widow claimed that her husband's suicide was caused by the negligence of the defendant hospital and the defendant psychiatrist in releasing him prematurely from involuntary commitment. The trial court granted summary judgment to the defendants, finding that the hospital was obligated to release the patient when ordered to do so by the psychiatrist, and that the psychiatrist was entitled to absolute immunity for actions undertaken under the involuntary commitment statutes. We reverse the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 10/10/01 | |
| Oliver Randolph, et al vs. Coffee County Beer Bd.
M2001-00077-COA-R3-CV
This is an appeal by the Coffee County Beer Board from a decision of the Coffee County Circuit Court ordering the Beer Board to issue permits to Oliver Randolph and Susan Nichols. The trial court concluded that the Coffee County Beer Board regulation prohibiting the issuance of a beer permit to an applicant within two thousand feet of a school or church was void because of discriminatory application of this regulation. The County has appealed this decision insisting that it had uniformly enforced its distance rule including a grandfather provision which authorized the reissuance of permits to nonconforming locations who had enjoyed such a privilege prior to the readoption of the county resolution in 1980. For the reasons stated in this opinion, we affirm the trial court's decision and remand the case.
Authoring Judge: Judge J. S. Steve Daniel
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 10/10/01 | |
| State of Tennessee v. David M. Black
M2000-02935-COA-R3-CD
Originating Judge:Clara W. Byrd |
Sumner County | Court of Appeals | 10/10/01 | |
| Kurt Seraphine v. Aqua Bath
M2000-02662-COA-R3-CV
This is an appeal from the grant of Appellees' motion for summary judgment. Appellant, a former employee of Appellee company, brought various claims against the company, and the company's top executives. Against the company, Appellant sought damages and specific performance based on an alleged breach of a stock option agreement and damages for breach of the implied duty of good faith and fair dealing. Against the individual defendants, Appellant sued on claims of statutory and common law inducement to breach. Appellees counterclaimed for a declaratory judgment that Appellant had no option to purchase shares in the company because the option expired when his employment terminated. Summary judgment was granted on Appellees' declaratory judgment claim and Appellant's claims were dismissed. We reverse the trial court's holding that the stock option expired with termination of employment, but find Appellant has not demonstrated a breach of the stock option agreement or his right to any remedy thereunder. We affirm the trial court's grant of summary judgment on the breach of duty of good faith and intentional interference claims.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Claudia C. Bonnyman |
Davidson County | Court of Appeals | 10/10/01 |