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| 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 | |
| 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 | |
| James Hill, et ux vs. Charles Lamberth
M2000-02408-COA-R3-CV
In this negligence action, plaintiff and his wife sued defendants, county school board and parents of several juveniles, for damages resulting from an eye injury he sustained when he was struck by a rock while attending a high school football game. The trial court granted summary judgment to defendant school board. Plaintiff appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter C. Kurtz |
Houston County | Court of Appeals | 07/11/01 | |
| State ex rel Elizabeth Durrant vs. Brittain Howard
E2000-02072-COA-R3-CV
In this custody dispute, the Trial Court gave custody to the father. The mother appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Carey E. Garrett |
Knox County | Court of Appeals | 07/11/01 | |
| Lindsay Taylor vs. Al Beard, et al
W2001-00347-COA-R3-CV
This appeal involves a grant of summary judgment, which dismissed loss of parental consortium claims brought by the children of a parent injured in an automobile accident. The children seek review of existing Tennessee precedent that fails to recognize loss of parental consortium causes of action resulting from the personal injury of a parent. For the following reasons, we affirm the decision of the trial court and decline to create a new cause of action.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 07/11/01 | |
| John Floyd vs. Carolyn Floyd
M2000-02344-COA-R3-CV
When husband and wife divorced, they signed a marital dissolution agreement which was incorporated into the Final Decree of Divorce providing, inter alia, that husband would have visitation rights with wife's daughter by a previous marriage and husband would in turn pay college tuition and expenses for the child and would leave to the child by Will one-fourth of his estate. A dispute arose as to the extent of visitation, and husband filed a petition to establish visitation rights. Wife filed a petition to require husband to continue his obligations expressed in the marital dissolution agreement. The trial court felt that there was no meeting of the minds between the parties with regard to the visitation issue; therefore, there was no valid contract. Husband appeals. We reverse and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Royce Taylor |
Rutherford County | Court of Appeals | 07/11/01 | |
| Pamela Wright (Quillen) vs. Dale M. Quillen
M2000-01852-COA-R9-CV
This appeal arises from the trial court granting a Rule 60 motion to suspend the judgment in a divorce action and allow a new trial. Husband and Wife were divorced in 1994. At that time, Wife was awarded the entirety of Company upon the condition she pay Husband $500,000 for the portion of Company awarded to him in the property division. Shortly after Wife paid Husband the money, Company sold an asset previously believed to be worthless for $1.7 million. Husband filed a Rule 60 motion in 1998 to set aside the trial court's 1994 property division on the basis that Wife had fraudulently valued the asset at $0 during the divorce hearing. The trial court granted the Rule 60 motion, setting a new trial to redetermine the value of Company at the time of the divorce. We reverse.
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert E. Corlew, III |
Davidson County | Court of Appeals | 07/11/01 | |
| James Ferguson vs. Debbie Warren
W2001-00217-COA-R3-CV
This case involves child visitation with a prison inmate. The child's father has been incarcerated since 1994 at the Northwest Correctional Facility in Lake County, Tennessee. The child resides with his mother in Weakley County, Tennessee. In 1997, the father filed a petition in the Lake County Chancery Court seeking an order requiring the child's mother to allow the father to communicate with his child. The mother failed to respond to the petition. In April 1999, the Lake County Chancery Court sua sponte dismissed the petition, finding that it should have been filed in Weakley County. This Court reversed, holding that lack of venue was a defensewhich was waived when the mother failed to respond. After the case was remanded, the mother sent a letter to the Lake County Chancery Court, advising that a paternity petition had been filed in the Weakley County Juvenile Court. Thereafter, the Lake County Chancery Court transferred the father's petition to the Weakley County Juvenile Court to be determined in conjunction with the paternity petition. The father now appeals the transfer of his petition. We affirm, finding that the trial court acted within its authority in transferring the case to a court with concurrent jurisdiction.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:J. Steven Stafford |
Lake County | Court of Appeals | 07/11/01 | |
| Martin Herrick, et ux vs. Mike Ford Custom Builders, LLC
M2000-02569-COA-R3-CV
The Herricks entered into a sales agreement with Mike Ford for the construction of a home. The sales agreement provided that the deposit paid by the Herricks became non-refundable upon the presentation of a loan commitment letter. The Herricks presented Mike Ford with a loan commitment letter from Southeastern Mortgage Company which was conditioned upon proof of employment. Mr. Herrick was terminated from his employment, and, as a result, Southeastern denied the Herricks' loan application. The Herricks demanded Mike Ford return their deposit. Mike Ford refused, contending that the deposit became non-refundable at the time the Southeastern loan commitment letter was presented. Both parties filed motions for summary judgment. The trial court granted summary judgment in favor of the Herricks. We reverse and remand.
Authoring Judge: Judge David R. Farmer
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 07/11/01 | |
| Linda Green, M.D. and Steve Ferguson, M.D. vs. United Services Automobile Association and Principal Mutual Life Insurance Company
E2000-02713-COA-R3-CV
Linda Green, M.D., and Steve Ferguson, M.D. ("Plaintiffs"), who are married, filed a Complaint for Declaratory Judgment ("Complaint") against their automobile insurance carrier, United States Automobile Association, or USAA, regarding a dispute over the terms of their insurance policy ("Policy"). Plaintiff Green claimed coverage under their Policy's uninsured/underinsured motorist liability section for her physical injuries, medical expenses, and loss of income resulting from an automobile accident. Plaintiff Ferguson claimed coverage for loss of consortium. Defendant contends that the Policy limits Plaintiff Ferguson's loss of consortium claim to the $300,000 each person coverage already extended to Plaintiff Green. After Plaintiffs filed suit disputing this interpretation of the Policy, Defendant filed a Motion for Summary Judgment which was granted by the trial court. Plaintiffs appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John F. Weaver |
Knox County | Court of Appeals | 07/11/01 | |
| 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 | |
| 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 | |
| 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 | |
| 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 | |
| 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 | |
| Ruth Wilson v. Landon Snapp, Jr.
E2001-00172-COA-R3-CV
In this suit the Trial Court held a purported deed from Ruth N. Wilson to Landon Haynes Snapp, Jr., and Gene L. Snapp was champertous and void. The Snapps appeal, contending this holding was in error. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Richard E. Ladd |
Sullivan County | Court of Appeals | 07/10/01 | |
| Yolannda Solomon vs. Brad Hager, et al
E2000-02586-COA-R3-CV
This lawsuit finds its genesis in the construction of a residence. The plaintiff, Yolanda Solomon, filed suit against Allstate Insurance Company, alleging breach of contract and seeking damages and a bad faith penalty for Allstate's failure to pay her claim under a builder's risk policy covering her under-construction residence. Solomon later amended her complaint to seek additional damages under the Tennessee Consumer Protection Act. By way of a special verdict, the jury found (1) that the insurance policy provided coverage for Solomon's loss; (2) that Allstate had acted in bad faith in denying her claim; and (3) that Allstate had violated the Consumer Protection Act. As modified by the trial court, Allstate was ordered to pay $101,098, the full amount of the plaintiff's coverage less the deductible; a 25% bad faith penalty; $1,500 under the Consumer Protection Act; attorney's fees; discretionary costs; and prejudgment interest. Allstate appeals, challenging, among other things, the jury's finding of coverage, the assessment of the bad faith penalty, evidentiary and jury instruction rulings, and the amount of damages. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas R. Frierson, II |
Hamblen County | Court of Appeals | 07/10/01 | |
| John Cappello vs. Hazel Albert
M2000-02104-COA-R3-CV
A corrections officer with the Tennessee Department of Correction, after being discharged for allegedly purchasing a television from an inmate at the institution where he serves, was denied unemployment benefits. The officer's petition for certiorari to the chancery court was dismissed, and the officer has appealed. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/10/01 |