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| Dennis Mauk vs. Debra Perry, et al
E2001-00485-COA-R3-CV
The plaintiff seeks a judicial declaration regarding the proper interpretation of a will. The trial court found a will provision leaving "real property and contents" to the decedent's son, the plaintiff Dennis Mauk, is not ambiguous and that the word "contents" includes a 27-year old mobile home on the decedent's property. The decedent's other four children appeal, contending the will is ambiguous. They argue the trial court erred in failing to consider parol evidence as to the meaning of the subject language. They further contend the trial court erred in ordering a $6,000 bequest to the appellants to be paid into court, thus making it subject to the debts of the estate. We modify the trial court's judgment to provide that the share of personal property bequeathed to each of the decedent's children should be burdened with one-fifth of the decedent's debts. In all other respects, the trial court's judgment is affirmed.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas R. Frierson, II |
Hawkins County | Court of Appeals | 07/13/01 | |
| Kimberly J. Svacha, et al vs. Waldens Creek Saddley Club, et al
E2000-03121-COA-R3-CV
The trial court granted defendants' motion for summary judgment relying, at least in part, on oral testimony from one of the plaintiffs. This testimony was not transcribed, filed with the trial court, and provided to this court as part of the record on appeal. Due to the somewhat peculiar procedural aspects of this case, we conclude that defendants had the responsibility to file a transcript of this testimony. Because we cannot evaluate the propriety of the grant of summary judgment without having before us this evidence relied on by the trial court, we vacate the grant of summary judgment.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Rex Henry Ogle |
Sevier County | Court of Appeals | 07/13/01 | |
| Tex Helton, et al vs. Colonial Loan Assoc., Inc. et al
E2001-00060-COA-R3-CV
Tex Helton and his wife sue Colonial Loan Association, Inc., and Lakeview Motors, Inc., seeking damages in connection with Colonial Loan's repossession of an automobile sold to them by Lakeview Motors. The Trial Court granted a summary judgment as to Colonial Loan. The claim as to Lakeview Motors has been concluded and this appeal only concerns the granting of a summary judgment in favor of Colonial Loan. We vacate the order granting summary judgment and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:John K. Wilson |
Hawkins County | Court of Appeals | 07/13/01 | |
| Donald Miller, et al vs. Choo Choo Partners
E2001-00007-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 07/13/01 | |
| Tex Helton, et al vs. Colonial Loan Assoc., Inc. et al
E2001-00060-COA-R3-CV
Tex Helton and his wife sue Colonial Loan Association, Inc., and Lakeview Motors, Inc., seeking damages in connection with Colonial Loan's repossession of an automobile sold to them by Lakeview Motors. The Trial Court granted a summary judgment as to Colonial Loan. The claim as to Lakeview Motors has been concluded and this appeal only concerns the granting of a summary judgment in favor of Colonial Loan. We vacate the order granting summary judgment and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:John K. Wilson |
Hawkins County | Court of Appeals | 07/13/01 | |
| Donald Miller, et al vs. Choo Choo Partners
E2001-00007-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 07/13/01 | |
| Jerry Grace, et al vs. Mountain States Health Alliance
E2000-03031-COA-R3-CV
In this medical malpractice suit the Trial Court granted a summary judgment in favor of Mountain States Health Alliance, d/b/a/ Johnson City Medical Center Hospital and five Doctors. The Trial Court overruled the Plaintiffs' motion to alter or amend his determination that all Defendants were entitled to summary judgment. As to the Doctors, the determination was predicated upon the motion to alter or amend not being timely filed, and as to the Medical Center on the grounds that the delay in submitting materials accompanying the motion to alter or amend was not justified. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 07/13/01 | |
| Susan Green v. Leon Moore, et al.
M2000-03035-COA-R3-CV
This appeal arises from the breach of a settlement agreement entered into by the Appellants and the Appellee. The Appellee filed a complaint against the Appellants in the Circuit Court for Williamson County, seeking damages for loss of reputation, embarrassment, humiliation, lost wages, loss of earning capacity, and loss of the ability to advance. The Appellants filed a motion to dismiss on the basis that the action was barred by the statute of limitations. The trial court granted in part and denied in part the motion to dismiss.
Originating Judge:Robert E. Lee Davies |
Williamson County | Court of Appeals | 07/12/01 | |
| Kenneth Warren v. Columbia/HCA Healthcare, Nashville Memorial Hospital
M2000-02579-COA-R3-CV
This is a malicious prosecution case. The defendants obtained a warrant against the plaintiff after observing a man matching the plaintiff's description attempting to break into a car on the defendants' property. After a jury trial, the plaintiff was found not guilty. Subsequently, the plaintiff instituted a lawsuit against the defendants for malicious prosecution. The trial court granted the defendants' motion for summary judgment and the plaintiff now appeals. We affirm, finding that the defendants acted with probable cause and without malice in obtaining the warrant.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 07/12/01 | |
| Kelly Stillwell vs. Thomas Stillwell
E2001-00245-COA-R3-CV
Thomas Stillwell ("Father") appeals the Trial Court's order which he claims improperly modified the original decree establishing child visitation. Father claims this was in error because there was no showing of a material change in circumstances. Father also appeals the Trial Court's order which prohibited him from possessing a firearm when he is exercising visitation with his son. We affirm the Trial Court's determination on visitation, as modified, and vacate the prohibition on Father's possessing a firearm in the presence of his child.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John B. Hagler, Jr. |
Bradley County | Court of Appeals | 07/12/01 | |
| Jerome Felix Havely vs. Almeda Matthews Havely
E2000-02275-COA-R3-CV
In 1983, Jerome Felix Havely and Almeda Matthews Havely were divorced. They had entered into a Property Settlement Agreement which was incorporated into the Judgment of Divorce ("Divorce Judgment"). Neither the Divorce Judgment nor the Property Settlement Agreement mentioned the military pension of Jerome Felix Havely ("Plaintiff"). Approximately one month after the entry of the Divorce Judgment, Almeda Matthews Havely ("Defendant") filed a motion essentially seeking relief under Tenn. R. Civ. P. 60.02 in which she alleged that the Divorce Judgment should be set aside because she had not been aware of her entitlement to Plaintiff's military pension. This motion was dismissed in 1984 by the trial court for failure to prosecute. This matter lay dormant for fourteen plus years until Defendant filed two more Rule 60.02 motions. Defendant's third and final Rule 60.02 motion, filed in 1999, is the subject of this appeal. After three notices of hearing were filed, the trial court dismissed Defendant's motion without providing its reasons for the dismissal. Defendant appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Joyce M. Ward |
Hamblen County | Court of Appeals | 07/12/01 | |
| Thomas White v. Kathy White
M2000-02674-COA-R3-CV
This appeal arises from the Appellant's filing of a Petition to Modify the Final Decree of Divorce in the Circuit Court of Sumner County. The Appellant requested a downward deviation in child support and a reduction in alimony. The Appellant also requested that he no longer be required to reimburse the Appellee for health insurance coverage. The Appellee filed a Counter-Petition requesting an upward deviation in child support. Following a trial on the Petition and Counter-Petition, the trial court entered an order reducing the Appellant's child support obligation to $1,000.00 per month. The trial court declined to modify the award of rehabilitative alimony and health insurance coverage. The Appellant appeals the decision of the Circuit Court of Sumner County setting child support at $1,000.00 per month and refusing to modify the award of rehabilitative alimony and health insurance coverage. For the reasons stated herein, we affirm in part and reverse in part the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Arthur E. Mcclellan |
Sumner County | Court of Appeals | 07/12/01 | |
| Doris Jean Bryant v. Tennessee Conference of The United
M2000-01797-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/12/01 | |
| Sherri Vaughn vs. Nathan Vaughn
E2000-02281-COA-R3-CV
In this divorce case, the husband has appealed the award of alimony, child visitation and support, and the Court's division of marital property. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 07/12/01 | |
| Provident Life & Accident Ins. vs.Tina Shankles, et al
E2000-02073-COA-R3-CV
This is an interpleader bill filed by Provident Life and Accident Insurance Company against four named Beneficiaries in a policy of insurance issued to their father, Arnold Joe Johnson. Two of the Beneficiaries were children by a former marriage of Mr. Johnson, who were added as such shortly before his death. The two Beneficiaries by a subsequent marriage insisted that the provisions of a divorce decree precluded Mr. Johnson from adding his other two children as Beneficiaries. The Trial Court found that all four should share in the proceeds of the policy equally and entered a summary judgment to that effect. We vacate and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 07/12/01 | |
| E2000-02221-COA-R9-CV
E2000-02221-COA-R9-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 07/12/01 | |
| Humphreys County Utility Dist. vs. Schatz Underground Cable, Inc.
M2000-02650-COA-R3-CV
In this negligence action, Plaintiff sued Defendant for damages in connection with the rupture of a gas line. Following a bench trial, the trial court entered judgment for Plaintiff. Defendant appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Allen W. Wallace |
Humphreys County | Court of Appeals | 07/12/01 | |
| Catherine Jackson vs. Bruce Jackson
E2001-00287-COA-R3-CV
Catherine Dean Jackson ("Plaintiff") filed a Complaint for divorce against her husband, Bruce Lane Jackson ("Defendant"). The parties entered a stipulation, which was approved by the Trial Court, in which they agreed both parties were entitled to a divorce and agreed that Plaintiff be granted custody of their minor child. The parties, however, did not agree on the remaining issues of alimony and the division of marital property and liabilities. Over approximately four years, the Trial Court referred these issues to a Special Master on three occasions. Upon each referral by the Trial Court, the Special Master held a hearing in which he heard arguments and, during the first two hearings, heard testimony from the parties and witnesses. After each hearing, the Special Master filed his report, but did not file a transcript of the hearing with the report as required by Tenn. R. Civ. P. 53.04(1). Among other findings, the Special Master recommended that Plaintiff receive "rehabilitative alimony for life . . . " in the amount of $1,000 per month and that Defendant pay the parties' entire 1994 tax liability. With the exception of modifying the Special Master's alimony recommendation to alimony in futuro, the Trial Court adopted the Special Master's recommendations which precipitated Defendant's appeal. Due to the Special Master's failure to comply with Tenn. R. Civ. P. 53.04(1), we vacate the portion of the the Trial Court's judgment relative to alimony and the 1994 tax liability, affirm the remainder of the judgment, and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 07/12/01 | |
| William Winchester vs. Glenda Winchester
W2000-01764-COA-R3-CV
In a post-divorce proceeding, father filed a "motion" to increase visitation with his minor child. The trial court found that there had been no material change of circumstances since the entry of the prior visitation order and denied the "motion." Father has appealed. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Don H. Allen |
Chester County | Court of Appeals | 07/11/01 | |
| Marilyn Willocks Jeffries v. Irene Gamble,
2000-03120-COA-R3-CV
Originating Judge:O. Duane Slone |
Blount County | Court of Appeals | 07/11/01 | |
| Loue Manning vs. K-Trans Mgt , Inc.
E2000-02462-COA-R3-CV
Loue G. Manning appeals a summary judgment granted in favor of K-Trans Management, Inc., as to his suit seeking damages for violation of the Tennessee Human Rights Act and intentional infliction of emotional distress as a result of his termination by K-Trans. We find there is no material evidence to support his insistence that he was terminated because of his race and affirm the judgment below.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 07/11/01 | |
| 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 |