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| Dee Woolman v. Earl Woolman
M2000-02346-COA-R3-CV
The Appellant and the Appellee are the parents of three minor children. Following the Appellant and the Appellee's divorce, they shared joint legal and physical custody of the children. The Appellant filed a Petition for Modification of Custody in the Circuit Court of Williamson County seeking to relocate with the children to Illinois. Following the close of the Appellant's proof at the hearing on the Petition, the Appellee made a Motion to Dismiss. The trial court granted the Motion to Dismiss and awarded attorney's fees to the Appellee. The Appellant appeals the order entered by the Circuit Court of Williamson County granting the Motion to Dismiss and awarding attorney's fees to the Appellee. For the reasons stated herein, we affirm in part and reverse in part the trial court's decision. We remand the case to the trial court for further proceedings consistent with this opinion.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 07/11/01 | |
| Patricia Gore v. George Gore
M2000-02412-COA-R3-CV
This appeal arises from a complaint for divorce filed by the Appellee in the Circuit Court of Williamson County. The trial court awarded the Appellee a divorce on the grounds of inappropriate marital conduct and adultery. The trial court divided the marital property and ordered the Appellant to pay the Appellee alimony in futuro and child support for the parties' two minor children. The trial court ordered the Appellant to maintain life insurance to secure the alimony and child support obligations. Additionally, the trial court entered a permanent injunction restraining the Appellant from taking the children in the presence of the Appellant's girlfriend.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 07/11/01 | |
| Dee Ann Gallaher vs. Curtis J. Elam
E2000-02719-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Carey E. Garrett |
Knox County | Court of Appeals | 07/11/01 | |
| Warren Restoration Co. vs. Northgate Shopping Center vs. State Auto Ins. Cos.
M2000-02402-COA-R3-CV
This is a dispute regarding the valuation of a strip mall for purposes of determining the applicability of a co-insurance penalty clause in Northgate Shopping Center's casualty insurance policy. In a bench trial, the trial court found the witness for Northgate to be more credible than the witness for State Auto Insurance Companies, and found the replacement cost of the building to be $3,068,000. Since the building was insured for $3,100,000, the co-insurance penalty did not apply. The trial court awarded Northgate judgment of $73,637.56, less a $1,000 deductible. This judgment included prejudgment interest of $16,107.00 assessed against Northgate and awarded to Plaintiff Warren Restoration, which had repaired areas of the mall damaged by fire. On appeal, State Auto challenges the trial court's acceptance of the valuation as determined by witnesses for Northgate, contends that the co-insurance penalty clause is applicable, and challenges the award of prejudgment interest. For the reasons set forth below, we affirm the trial court in all respects.
Authoring Judge: Judge David R. Farmer
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Appeals | 07/11/01 | |
| Alexander Baxter v. Dept. of Correction
M2000-02447-COA-R3-CV
This case involves a petition for writ of certiorari based on a prison disciplinary proceeding. The inmate was found guilty of a disciplinary infraction by the prison disciplinary board. After his appeal to the prison warden was denied, the inmate filed a petition for a writ of certiorari, alleging numerous violations of his due process rights. The trial court dismissed the petition and Baxter now appeals. We affirm, finding that the sanctions imposed for the infraction did not rise to the level of interfering with the inmate's protected liberty interest and, therefore, did not trigger due process protections.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/11/01 | |
| Jerry Moore vs. NES
M2000-03186-COA-R3-CV
Three civil service employees sued Nashville Electric Service and the individual members of the civil service board primarily for violation of the age provision of the Tennessee Human Rights Act resulting in their denial of promotions. The trial court granted summary judgment to defendant, and plaintiffs appeal. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/11/01 | |
| Patricia Sadler vs. Lawrence Sadler
E2000-02110-COA-R3-CV
This is a post-divorce child support dispute with a series of hearings and orders stretching over a 29-month period. Lawrence David Sadler ("Father"), the obligor parent, appeals the last order entered below, in which the trial court found him in arrears and awarded Patricia Jane Sadler ("Mother") her attorney's fees of $6,262.50. Because we find that the referee's action, as approved by the trial court in the subject order, retroactively modified Father's child support obligation and erroneously found Father to be in arrears in his child support obligation, we reverse.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Bill Swann |
Knox County | Court of Appeals | 07/11/01 | |
| Dee Ann Gallaher vs. Curtis J. Elam
E2000-02719-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Carey E. Garrett |
Knox County | Court of Appeals | 07/11/01 | |
| Roger Ritchie, et al vs. Tommy Pitner, et al
E2000-02689-COA-R3-CV
This lawsuit arises out of a Letter of Intent entered into between two of the various parties to this action. The trial court entered judgment on the issue of which party was entitled to possession of the property, but did not rule on any of the remaining claims. Because the judgment appealed from is not a final judgment for purposes of Rule 3 of the Tenn. R. App. P., we dismiss the appeal.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 07/11/01 | |
| Lisa Hughes, et vir vs. Wilma Effler, et al
E2000-03147-COA-R3-CV
Plaintiffs alleged that defendant appraiser's negligence in making an appraisal resulted in their damage. The Trial Court granted defendant summary judgment. Plaintiffs appeal the refusal of the Trial Judge to grant them additional time to defend the summary judgment motion. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 07/11/01 | |
| Yona Boyd, et al. v. Prime Focus, Inc., et al.
M2000-02105-COA-R3-CV
This case began as a dispute between the plaintiffs and their employers. The defendant was awarded summary judgment, and plaintiffs were sanctioned by the court pursuant to Rule 11 of the Tennessee Rules of Civil Procedure. Plaintiffs now appeal this sanction. We affirm sanctions but modify the order.
Authoring Judge: Judge David R. Farmer
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/10/01 | |
| Laurence Kandel v. Urological Treatment and Research , Ralph Benson, Dean Knoll & Institute for Urological Research
M2000-02128-COA-R3-CV
This is a breach of contract case. The plaintiff physician entered into an employment contract with the defendant physician's group. The contract provided that the physician would work for the group for one year, and that the parties would then "negotiate in good faith" to give the employee physician the opportunity to purchase stock in the group. At the end of the physician's first year of employment, the parties negotiated, but reached an impasse. Subsequently, negotiations ceased, and the physician's employment was terminated. He filed suit against the group, alleging that the defendants breached the contract to "negotiate in good faith," and that the defendants committed promissory fraud in inducing him into signing the employment agreement. The trial court granted summary judgment in favor of the defendants on both counts. The physician now appeals. We affirm. Even if Tennessee recognizes a cause of action for breach of an agreement to negotiate in good faith, the evidence does not demonstrate such a breach, and does not establish promissory fraud.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 07/10/01 | |
| Leta Hoalcraft vs. Walter Troy Smithson
M2000-01347-COA-R10-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Russell Heldman |
Court of Appeals | 07/10/01 | ||
| Dennis Armoneit vs. Elliott Crane Service, Inc., et al
M1998-00988-COA-R3-CV
This appeal arises from an accident involving a crane rented by the plaintiff's employer to aid in a construction project. The plaintiff was helping to attach trusses being lifted by the crane to the roof of a house when the crane's allegedly negligent operation caused him to fall from the roof. The plaintiff filed suit against the owner of the crane in the Circuit Court for Davidson County, alleging that the owner was vicariously liable for the crane operator's actions. The owner of the crane, relying on its standard rental agreement form, sought indemnity from the plaintiff's employer. On the plaintiff's employer's motion for partial summary judgment, the trial court held that the owner of the crane was vicariously liable for the crane operator's alleged negligence and that the indemnity agreement was void as contrary to public policy. The owner of the crane has appealed. We hold that the trial court erred by granting partial summary judgment on the employer's respondeat superior claim but that the trial court properly determined that the indemnity provision in the crane owner's rental agreement is void.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 07/10/01 | |
| Alvin Bates vs. Dr. Joseph Metcalf
E2001-00358-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 07/10/01 | |
| E2001-00069-COA-R3-CV
E2001-00069-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 07/10/01 | |
| Alvin Bates vs. Dr. Joseph Metcalf
E2001-00358-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 07/10/01 | |
| Douglas O'Connell v. YMCA of Middle Tennessee
M2000-02099-COA-R3-CV
This is a breach of contract case. The plaintiff entered into an agreement to become a member of the defendant health club. The plaintiff became dissatisfied with the the health club and regularly voiced his complaints to the management. Despite the actions of the health club's managers, the plaintiff's complaints continued. Eventually, the plaintiff was told that his membership with the health club was being terminated. The plaintiff filed a lawsuit alleging breach of contract and seeking compensatory and punitive damages as well as injunctive relief. On the defendant's motion for summary judgment, the trial court held that the parties' contract was terminable at will and granted the health club's motion. Subsequently, the plaintiff filed a motion for the trial judge to recuse himself. The case was reassigned and the reassigned trial judge heard the plaintiff's motion to alter or amend the prior order granting summary judgment. The plaintiff's motion to alter or amend was denied. We affirm, finding that the contract was terminable at will.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 07/10/01 | |
| Frances Luna, et al vs. Michael Breeding, et al
M2000-01932-COA-R3-CV
Plaintiffs voluntarily dismissed their suit for personal injuries and damages. Defendants then filed a motion for discretionary costs with accompanying affidavit as to reasonableness and necessity. The motion was denied and Defendants appeal, contending the trial court abused its discretion in disallowing their motion. We find it did not and affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:John A. Turnbull |
White County | Court of Appeals | 07/10/01 | |
| Shelton vs. Tidwell
E2000-02913-COA-R3-CV
Defendants sold plaintiff equipment which had been stolen. The Trial Court entered a Judgment for plaintiff for the purchase money. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 07/10/01 | |
| James Jones vs. Pierce Garrett, a/k/a Perry Garrett
E2000-00196-COA-R3-CV
This is a suit wherein James Lee Jones, III, and his wife seek a determination that Pierce Brandon Garrett, a/k/a Perry Garrett, has abandoned his son so that they may adopt him. The Trial Judge found by clear and convincing evidence that abandonment had occurred, but did not make any finding as to the best interest of the child. We affirm the finding as to abandonment and remand the case for a determination as to best interest.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Kindall T. Lawson |
Hamblen County | Court of Appeals | 07/10/01 | |
| Alvin Bates vs. Dr. Joseph Metcalf
E2001-00358-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 07/10/01 | |
| Dana Allanmore Smith vs. Angela Childress Smith
M2000-02186-COA-R3-CV
In this post-divorce proceeding, wife filed petition to modify the prior decree as to child support, custody, and visitation. The trial court modified a previous consent order and set husband's child support with an upward deviation from the guidelines. Husband appeals, and both parties present issues for review. We affirm in part, reverse in part, and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 07/10/01 | |
| Gerald Williams vs. Cora Williams
E2000-02782-COA-R3-CV
In this divorce action, Gerald B. Williams ("Plaintiff") appeals the Trial Court's award of alimony in futuro in the amount of $800 per month to Cora Rita Williams ("Defendant"). The parties were married thirty-eight years. While Plaintiff earns approximately $32,000 per year, Defendant's income is substantially less at approximately $11,220. The Trial Court specifically found that Defendant could not be rehabilitated. Plaintiff contends on appeal that the Trial Court erred in awarding any alimony to Defendant because the proof at trial did not establish Defendant's need for financial support and Plaintiff's ability to pay alimony. Plaintiff also argues that if the award of alimony is appropriate, the amount is excessive. We modify the alimony from $800 to $600 per month, and affirm the judgment as modified.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Steven C. Douglas |
Cumberland County | Court of Appeals | 07/10/01 | |
| State, Ex Rel, Pernie Barger, et al vs. City of Huntsville , State ex rel, George Brawner, Sr., et al vs. City of Huntsville
E2001-00395-COA-R3-CV
The Trial Court held service of process on the City's Mayor under Tenn. R. Civ. P. 4.04(8) was insufficient. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Billy Joe White |
Scott County | Court of Appeals | 07/10/01 |