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| State ex rel Mickey Phillips vs. Gwen Knox
E2000-02988-COA-R3-JV
The Trial Court found Gwen Knox ("Knox") to be in civil contempt for failure to pay child support. This is the second appeal in this case. This Court, in State ex rel. Phillips v. Knox, No. E1999-00205-COA-R3-CV, 2000 WL 217936, at * 2 (Tenn. Ct. App. Feb. 25, 2000), vacated and remanded the Trial Court's dismissal of Knox's Second Petition to Vacate and Modify the Trial Court's order finding that Knox was in contempt for failure to pay child support. On remand, the Trial Court denied Knox's petition, again holding, among other things, Knox in civil contempt but reducing Knox's incarceration time for contempt from thirty days to ten days and her purge amount from $1,000 to $100. Knox appeals. We reverse, in part, and affirm, in part.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Ronald N. Murch |
Anderson County | Court of Appeals | 08/30/01 | |
| Lisa Heath vs. Memphis Radiology
W2000-02770-COA-R3-CV
This is a medical malpractice case. Plaintiff sued physician, radiological group and hospital, alleging failure to discover and diagnose her malady resulting in permanent physical impairment. The trial court entered judgment for the defendants on a jury verdict, and plaintiff appealed asserting evidentiary errors and the failure of the trial judge to perform his duty as the thirteenth juror. We affirm
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 08/30/01 | |
| Alfred Earl Vincent vs. Cheryl Lynn Vincent
E2000-02529-COA-R3-CV
In this divorce case, the Trial Court awarded custody of the minor child to father and divided the parties' marital assets. The wife appealed and we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Frank V. Williams, III |
Morgan County | Court of Appeals | 08/30/01 | |
| James Nelson s. Victoria Nelson
E2000-02873-COA-R3-CV
James Roger Nelson ("Husband") filed a Complaint for Absolute Divorce ("Complaint") against Victoria Kay Goad Nelson ("Wife"). Wife filed an Answer and a Counter-Complaint for divorce. Wife admitted to Husband she had been and still was involved in an extramarital affair with a co-worker. Before trial, Husband obtained a temporary restraining order against Wife, and Wife obtained an Order of Protection against Husband. Wife testified Husband had subjected her to verbal and physical abuse in front of their minor children. Wife also testified Husband had threatened her with a gun while their children were at home with them. The Trial Court granted both parties a divorce, divided the parties' property, and awarded custody of the children to Husband. The Trial Court based its custody decision upon Wife's extramarital affair and the fact that Husband, at the time of trial, had the more stable home environment. The Trial Court failed, however, to address Wife's allegations that she was abused by Husband. Wife appeals the custody award and portions of the Trial Court's property division. We vacate, in part, and affirm, in part, and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Michael A. Davis |
Morgan County | Court of Appeals | 08/30/01 | |
| Direct Insurance Co. vs. George Brown
E2001-00412-COA-R3-CV
Trial Court declared coverage under policy issued by plaintiff to defendant for a motor vehicle accident, holding the vehicle operated by defendant was a replacement vehicle. On appeal, we reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Richard E. Ladd |
Sullivan County | Court of Appeals | 08/30/01 | |
| Roy Shanks vs. Hazel Albert
E2001-00066-COA-R3-CV
Roy Michael Shanks appeals dismissal of his suit seeking to overturn a determination of the Board of Review that he was not entitled to unemployment compensation because of misconduct. We concur in the determination of the Chancellor and affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas R. Frierson, II |
Hamblen County | Court of Appeals | 08/30/01 | |
| Laquita Ailsworth vs. Autozone
W2000-03024-COA-R3-CV
This appeal arises from the fall of the Appellant outside the Appellee store. The Appellant filed a complaint against the Appellees in the Circuit Court of Shelby County alleging that her injuries were proximately caused by the Appellees' negligence in allowing an icy condition to exist on the walkway in front of the store. The Appellees filed motions for summary judgment. The trial court granted the Appellees' motions for summary judgment. The Appellant appeals the grant of summary judgment in favor of the Appellees by the Circuit Court of Shelby County. For the reasons stated herein, we reverse the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 08/30/01 | |
| Union Planters vs. Bettye Dedman
W2001-00411-COA-R3-CV
This case is a dispute over the correct valuation of the residuary portion of Testator's estate for purposes of determining whether it was sufficient to pay estate taxes where Testator had directed by Will that such taxes be paid from the residuary. Testator's executor submits that the correct valuation date is the date of death; that neither post-death income nor appreciation of assets in the residuary should be included in the valuation; that income tax paid by the estate on income with respect to a decedent (IRD) should be included in a calculation of the death tax fund deficiency; that attorney's fees incurred as a result of protracted litigation should be included in the death tax fund deficiency calculation. Executor asks us to determine whether such deficiencies are apportionable among those receiving gifts passing outside of probate. We hold that the correct valuation date of the residuary for the purpose of determining its sufficiency to pay the death taxes is the date of Testator's death. Post-death increases should not be utilized. If the residuary on the date of death was insufficient to pay the estate taxes, these taxes are apportionable among all those interested in the estate. We further hold that although the IRD income tax and attorney's fees reduce the estate, they are not includible in the death tax fund deficiency so as to be apportionable to recipients of out of probate transfers.
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert S. Benham |
Shelby County | Court of Appeals | 08/30/01 | |
| Shirley Pegues vs. Lester Graves
W2000-02831-COA-R3-CV
Plaintiffs, husband and wife, sued physician when wife became pregnant after physician had performed a pregnancy avoidance procedure and allegedly guaranteed the results thereof. Defendant moved for a directed verdict which the trial court granted, but plaintiffs contend that it was granted after plaintiffs took a nonsuit. Plaintiffs appeal. We reverse.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 08/30/01 | |
| James Collins vs. Summers Hrdwe & Supply Co.
E2001-00578-COA-R3-CV
This is a suit by Plaintiffs James A. Collins and Gary Smith seeking damages from their former employer, Summers Hardware and Supply Company, in connection with their employment. The Plaintiffs contend that Summers Hardware made certain deductions from their pay which were contrary to their employment contract. Summers Hardware asserts otherwise. A jury found this issue in favor of the Plaintiffs and assessed damages, which the Trial Court, on motion of the Plaintiffs, altered upward. Summers Hardware appeals questioning whether the statute of limitations has run as to Mr. Collins' suit and whether both parties were estopped to press the claim or had waived their right to assert it. Summers Hardware also contends the Trial Court was in error in increasing the jury award without giving them the option of receiving a new trial. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 08/30/01 | |
| Gwen Lay vs. Mark Lay, et al
E2000-02914-COA-R3-CV
In this case the second wife of Mark Lindsay Lay seeks an increase in child support for their child. Because an attack was made on the constitutionality of the Tennessee Child Support Guidelines, the Attorney General of the State was permitted to intervene. Although neither the former wife nor Mr. Lay appeals, the Attorney General does appeal. We vacate the judgment insofar as it addresses the constitutional issue before the Trial Court, and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:John D. Mcafee |
Campbell County | Court of Appeals | 08/30/01 | |
| George Tipton vs. Axis Fabrication & Machine Co.
E2001-00258-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 08/29/01 | |
| Thomas Wynns III vs. Rae Cummings
W2000-02156-COA-R3-CV
This case involves a dispute between Thomas Clinton Wynns, III ("Thomas") and Rae Ann Cummings ("Rae Ann"), the son and granddaughter of Mrs. Leola Wynns ("Leola"), concerning Leola's mental capacity and ability to manage her own affairs. Plaintiff, Thomas, holder of a power of attorney from his mother, filed a complaint against the defendant, Rae Ann, seeking to have Rae Ann turn over to him all of Leola's assets in possession of Rae Ann. Rae Ann filed an answer to the complaint and a petition for appointment of a conservator for Leola and for an injunction against Thomas from removing any more of her assets. After a nonjury trial, the trial court found that the court had jurisdiction to appoint a conservator for Leola; that the facts warranted the appointment of a conservator; that the power of attorney held by Thomas and a will executed by Leola in 1998 were void, and that the quit claim deed executed on April 22, 1999, in favor of Thomas, was also void. Thomas appeals. We affirm in part, vacate in part, and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 08/29/01 | |
| Lonnie Wilder vs. Leslie Wilder
E2000-03184-COA-R3-CV
In this divorce case, the Trial Court awarded husband attorney's fees against wife. On appeal, we reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John D. Mcafee |
Claiborne County | Court of Appeals | 08/29/01 | |
| George Tipton vs. Axis Fabrication & Machine Co.
E2001-00258-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 08/29/01 | |
| Denise Frazier vs. Robert Frazier
E2000-02929-COA-R3-CV
Appellant ask the Court to void portions of the marital settlement agreement incorporated in the parties' Divorce Decree in the State of Illinois. The Trial Court refused and granted appellee summary judgment. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 08/29/01 | |
| New Covenant Baptist Church vs. Panther Sark
E2000-02930-COA-R3-CV
In this suit New Covenant Baptist Church seeks a declaration that certain restrictions applicable to Technology Park West subdivision do not preclude New Covenant from using one of the lots for driveway purposes to other unrestricted property owned by New Covenant outside the subdivision. Panther Sark, a partnership, and certain other owners of lots in the subdivision were named as Defendants and they filed a counter-complaint seeking a declaration to the contrary. The Trial Court found in favor of New Covenant. We reverse and hold in favor of the partnership and other owners of lots in the subdivision.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas R. Frierson, II |
Knox County | Court of Appeals | 08/29/01 | |
| James Ray vs. Billy Williams
W2000-03000-COA-R3-CV
This case involves the doctrine of promissory fraud. The plaintiff service station owner claimed that the defendant rental trailer company fraudulently induced him into entering into a contract to operate a rental trailer dealership by orally assuring him that his dealership rights would be exclusive in Ripley, Tennessee. At the bench trial below, the trial court admitted parol evidence of the oral assurances to show fraud in the inducement of the dealership contract. Based on that evidence, the trial court held that the rental trailer company had committed promissory fraud and awarded damages to the plaintiff service station owner. The rental trailer company now appeals. We affirm the finding of promissory fraud, but reverse in part the damage award.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Jon Kerry Blackwood |
Lauderdale County | Court of Appeals | 08/29/01 | |
| Carl O. Koella, Jr. vs. Fred McHargue, et ux
E2001-00544-COA-R3-CV
Defendants have right of first refusal on tract of real property. The Trial Court held that the giving of a quitclaim deed did not trigger the right of first refusal. Defendants appealed, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:C. K. Smith |
Blount County | Court of Appeals | 08/29/01 | |
| Paul Seaton, et al vs. Richard Rowe, et al
E2000-02304-COA-R3-CV
Monroe County -This is an action for specific performance of an option agreement for the sale of some farmland acreage, from which a 60-acre tract was excepted. The trial court dismissed the action, holding that the option agreement did not satisfy the statute of frauds because the description of the excepted property was inadequate and that the deficiency could not be remedied by parol evidence. Thereafter, the plaintiffs filed a motion to "reopen the proof" to introduce evidence to support reformation of the description of the excepted property. The motion was denied. The plaintiffs appeal, arguing that the trial court erred in (1) finding that the option agreement did not satisfy the statute of frauds; (2) refusing to consider parol evidence of the location of the excepted property; and (3) refusing to "reopen the proof" on the issue of reformation. The defendants argue that the appeal is frivolous. We find that the option agreement is sufficiently definite to satisfy the statute of frauds and that parol evidence should have been admitted to locate the excepted property. We therefore vacate the judgment of the trial court and remand for further proceedings consistent with this opinion.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John B. Hagler, Jr. |
Monroe County | Court of Appeals | 08/29/01 | |
| CH-00-1207-2
CH-00-1207-2
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 08/29/01 | |
| Linda Greene vs. Dr. Woody Stinson
E2001-00628-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:William M. Dender |
Jefferson County | Court of Appeals | 08/29/01 | |
| State v. Mark Doolen
M2000-01953-COA-R3-CD
A thirteen-year-old boy was convicted of vandalism in juvenile court, and was ordered to pay restitution of over $6,600. He claimed that the amount of restitution was excessive, and appealed to the circuit court, which affirmed the juvenile court's determination. We affirm the order of restitution, but modify the amount, for the reasons set out below.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Allen W. Wallace |
Dickson County | Court of Appeals | 08/29/01 | |
| Richard Crowe vs. First American
W2001-00800-COA-R3-CV
Owner of a pickup truck sued the bank that financed the purchase for conversion after the bank repossessed the truck. The trial court entered judgment on a jury verdict for plaintiff in the amount of $250,000.00. Bank appeals. We affirm in part reverse in part and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Jon Kerry Blackwood |
McNairy County | Court of Appeals | 08/29/01 | |
| Linda Greene vs. Dr. Woody Stinson
E2001-00628-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:William M. Dender |
Jefferson County | Court of Appeals | 08/29/01 |