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| 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 | |
| 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 | |
| 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 | |
| Mitchell Anderson vs. Dr. Ken Warren
W2000-02649-COA-R3-CV
Buyers of home sued sellers for damages resulting from numerous defects in home not disclosed to buyers and in direct contradiction of the representations made about the property. The trial court found sellers had fraudulently misrepresented the condition of the property and awarded damages. Sellers appeal. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 09/18/01 | |
| John E. Gaines vs. TN Dept. of Correction
M2001-00268-COA-R3-CV
John E. Gaines is an inmate in the custody of the Tennessee Department of Correction and while in custody at Middle Tennessee Correctional Complex Annex was a work release inmate. He was charged with violation of T.D.O.C. policy for failure to timely appear at his job site pickup station following the workday of May 10, 2000. Upon conviction in prison disciplinary proceedings and exhaustion of appellate remedies within the Tennessee Department of Correction, he filed, in the Chancery Court for Davidson County, a petition for a writ of common law certiorari. The Chancellor sustained a motion to dismiss under T.R.C.P. 12(6) and, upon consideration of the record, we affirm the judgment of the Chancellor.
Authoring Judge: Judge William B. Cain
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 09/18/01 | |
| 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 | |
| Joan Schmitt vs. James Smith
W2000-01726-COA-R3-CV
This dispute arises from an action to enforce an attorney's lien in a divorce action. Appellant contends that a separate suit is required to enforce the lien, and, further, that the lien was lost through the attorney's failure to have it noted in the final judgment. Appellant also submits that the trial court erred in issuing injunctive relief without notice, hearing or bond against proceeds of marital property against which the lien was filed. We hold that the attorney's lien was lost due to failure to note it in the final judgment or by a timely Rule 59.04 motion to alter or amend the judgment. We further hold that the Rule 65.07 exception to the requirements of injunctive relief in some domestic relations cases does not apply to the case at bar, where, although the original suit was a divorce action, the issue presented for resolution is essentially based on contract.
Authoring Judge: Judge David R. Farmer
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 09/18/01 | |
| Harold Lee Jackson v. Jim Rout, Mayor of Shelby County,
CH-00-0776-3
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 09/18/01 | |
| April Price vs. Kenneth Price
W2000-01471-COA-R3-CV
This appeal follows a divorce action in which the trial court awarded custody of the parties' two minor children to the father. The mother appeals only the award of custody. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 09/18/01 | |
| CH-00-1635-3
CH-00-1635-3
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 09/18/01 | |
| Dean Kinningham vs. State of TN
M2001-00495-COA-R3-CV
Appellant was an inmate housed at Riverbend Maximum Security Institution, having been transferred to this secure facility after overpowering a guard and forcibly escaping confinement at Claiborne County Jail. He was convicted and sentences imposed upon him for aggravated robbery, aggravated burglary, possession of a Schedule II controlled substance for sale, possession of a handgun by convicted felon and felony escape, these sentences being imposed on August 3, 1999. Appellant was assaulted by a fellow inmate and filed claim against the State for alleged negligent custody or control of persons resulting in the inmate attack. The Claims Commission rendered summary judgment for the State and we affirm.
Authoring Judge: Judge William B. Cain
|
Claiborne County | Court of Appeals | 09/18/01 | |
| Ronald Dwayne Carter vs. Paulette D'Anne Carter
M2001-00692-COA-R3-CV
This is an appeal by Paulette D'Anne Carter from the refusal of the trial court to set aside a default judgment and a final judgment adjudicating divorce and custody. We affirm the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 09/18/01 |