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| Phillip Page vs. Lucille Page
W2000-01314-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 02/20/01 | |
| William Fann vs. Annette Fann
W2000-02431-COA-R3-CV
Husband sued for divorce, alleging inappropriate marital conduct. Wife filed an answer and counter-complaint, but later dismissed the counter-complaint and chose to contest the divorce. Trial court granted divorce to husband. Wife appeals, alleging that the trial court abused its discretion in granting the divorce on grounds of inappropriate marital conduct without evidence to corroborate husband's allegations and that husband had failed to carry his burden of proving cruel and inhuman treatment. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Ron E. Harmon |
Carroll County | Court of Appeals | 02/20/01 | |
| Lorrie Barnes vs. Richard Barnes
W2000-01285-COA-R3-CV
Father filed a petition for change of custody of the parties' three minor children. After an evidentiary hearing, the trial court found that there had been a material change of circumstances and that a change of custody to Father was in the best interest of the children. Mother has appealed. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Don H. Allen |
Madison County | Court of Appeals | 02/20/01 | |
| Opinion With Judge Cain Specifically Concurring In Part Vi Thereof. P
M1998-00987-COA-R12-CV
Authoring Judge: Judge William B. Cain
|
Court of Appeals | 02/16/01 | ||
| Ernest F. Phillips vs. County of Anderson, et al
E2000-01204-COA-R3-CV
The defendants, Anderson County and the City of Clinton, entered into an agreement to jointly finance the development of an industrial park to be owned and operated by the City. The plaintiff, Ernest F. Phillips, brought this action for declaratory and injunctive relief, alleging that the County's financing of a portion of the industrial park is illegal and unconstitutional and that the defendants violated various statutory requirements for the development of industrial parks. The trial court granted the defendants summary judgment. The plaintiff appeals, arguing: (1) that the County's use of bond proceeds to finance its portion of the industrial park's infrastructure costs constitutes a lending or giving of credit to or in aid of a corporation within the meaning of Article II, Section 29 of the Tennessee Constitution; (2) that the agreement between the County and the City is not legally sufficient under the Industrial Park Act; (3) that the County obtained a statutorily-required certificate of public purpose and necessity by fraud and misrepresentation; and (4) that the County's bond resolutions are fatally defective and call for prohibited expenditures. The City argues (a) that the plaintiff lacks standing to challenge the City's actions and (b) that the plaintiff's appeal is frivolous. We affirm the grant of summary judgment to the defendants but do not find the plaintiff's appeal to be frivolous.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 02/16/01 | |
| M1998-0987-COA-R12-CV
M1998-0987-COA-R12-CV
|
Court of Appeals | 02/16/01 | ||
| Ernest Frye vs. Blue Ridge Neuroscience Center, et al
E2000-02155-COA-R9-CV
Plaintiff sued Defendants on November 25, 1998, alleging medical malpractice. Summonses were issued but never served on Defendants or returned to the court. Process was never reissued on the first Complaint. A voluntary nonsuit was entered by the Trial Court on June 8, 1999. On November 22, 1999, Plaintiff refiled a similar lawsuit, process issued, and Defendants were served the next day. Defendants filed summary judgment motions claiming that the statute of limitations had run because Plaintiff failed to have process reissued on the first Complaint as required by Rule 3 of the Tenn. R. Civ. P. Plaintiff claimed compliance with Rule 3, and, therefore, that the second lawsuit was filed within the statute of limitations. The Trial Court denied the summary judgment motions after determining that Defendants had actual notice of the first lawsuit and thus the spirit of the rules had been complied with. The Trial Court granted Defendants' request for an interlocutory appeal. We granted this interlocutory appeal to decide whether Plaintiff can comply with Rule 3 of the Tenn. R. Civ. P. not by obtaining issuance of new process in his original lawsuit within the one year period provided for in Rule 3, but instead by voluntarily dismissing the first lawsuit and refiling a similar lawsuit with the issuance of process in the second lawsuit within the one year period. Our answer is "no." We reverse the decision of the Trial Court.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John S. Mclellan, III |
Sullivan County | Court of Appeals | 02/16/01 | |
| M1998-0987-COA-R12-CV
M1998-0987-COA-R12-CV
|
Court of Appeals | 02/16/01 | ||
| Cynthia Coppage vs. Grady Coppage
E2000-01630-COA-R3-CV
At issue in this divorce case is the trial court's valuation and division of two parcels of real property and the court's decree with respect to the parties' credit card debt. The husband appeals, arguing that the trial court erred (1) in its valuation and division of the two properties; and (2) in denying his post-trial motion to sell the two parcels and divide the proceeds equally. The wife asserts as an additional issue that the husband should be required to place in his sole name the credit card debt assigned to him by the trial court. We find and hold that the wife's request is a reasonable one, and, accordingly, modify the trial court's judgment so as to require the husband to convert the debt over into his name by no later than December 31, 2001. As modified, the judgment is affirmed.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 02/16/01 | |
| Gary Willingham vs. Gallatin Group, Inc., et al
M1998-00990-COA-R3-CV
This appeal involves a dispute between a secured creditor and two local governments regarding the priority of their claims against the proceeds from the sale of the assets of a judicially dissolved corporation. Following a bench trial, the Chancery Court for Sumner County held that the local governments' claims for delinquent business taxes had priority over the claim of the secured creditor. We have determined that the secured creditor's claim should have been given priority over the local governments' claims and, therefore, reverse the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 02/16/01 | |
| Debra Cissom, et al vs. Al Miller, et al
E1999-02767-COA-R3-CV
The Plaintiffs sue the Defendants, alleging a nuisance created by chicken houses owned and operated by them in close proximity of the Defendants' property. The Trial Court found a temporary nuisance was created and that, although T.C.A. 44-18-102 was a complete bar to any claims the Plaintiffs might have insofar as three older chicken houses were concerned, is not a bar to their claim as to five new chicken houses. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Jerri S. Bryant |
Bradley County | Court of Appeals | 02/16/01 | |
| Jonathan Wilson vs. Sandra Wilson
E2000-01374-COA-R3-CV
This appeal from the Loudon County General Sessions Court questions whether the Trial Court erred in awarding a change of residential custody from Appellant, Sandra Kay Wilson to Appellee, Jonathan David Wilson. Ms. Wilson appeals the decision of the General Sessions Court. We affirm the decision of the Trial Court and remand for such further proceedings, if any, consistent with this opinion. We adjudge costs of the appeal against the Appellant, Ms. Sandra Kay Wilson and her surety.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:William H. Russell |
Loudon County | Court of Appeals | 02/16/01 | |
| State ex rel Debbie Whitfield vs. Michael Honeycutt
M1999-00914-COA-R3-CV
Appellant, who was married to the mother at the time of the child's birth, responded to a petition for contempt regarding past due child support with a request to determine paternity of the child. A paternity test is irrelevant in this case because even proof that he is not the child's father would not be a defense to contempt for failure to comply with a valid court order. We affirm the trial court's denial of the request.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Carol A. Catalano |
Robertson County | Court of Appeals | 02/16/01 | |
| Melanie Conger vs. Timothy Gowder, M.D.
E2000-01584-COA-R3-CV
In this medical malpractice case arising out of surgery, the trial court granted the defendant summary judgment on the plaintiff's claims of surgical negligence and lack of informed consent. The plaintiff appeals, arguing (1) that disputed issues of material fact exist that make summary judgment inappropriate and (2) that the trial court erred in refusing to allow the plaintiff to take the depositions of the defendant and another physician pending a hearing on the defendant's motion for summary judgment. Because we find that the trial court erred in refusing to allow the plaintiff to take the subject depositions, we vacate the grant of summary judgment and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 02/15/01 | |
| Terry Hahn vs. Thomas Hahn, et al
E2000-00330-COA-R3-CV
An intra-family business transaction which occurred nearly 30 years ago fomented this litigation involving an undisclosed interest in a hotel in Gatlinburg. The original parties are former spouses; the intervenors are their children. The complaint was dismissed on motion for summary judgment. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Telford E. Forgerty, Jr. |
Knox County | Court of Appeals | 02/15/01 | |
| Town of Greeneville vs. John O. Hardin, et al
E2000-00827-COA-R3-CV
This is a suit by the Town of Greeneville to condemn a right-of-way for a sanitary sewer line over the property of John O. Hardin and Peggy Hardin, Defendants. The Hardins contested Greeneville's right to condemn in the Trial Court and, after an adverse ruling, appeal to this Court. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:John K. Wilson |
Greene County | Court of Appeals | 02/15/01 | |
| Rick Richards vs. Traci Domalik
E2000-01882-COA-R3-CV
This is a tort action arising out of an accident involving a bicycle and an automobile. The plaintiff was riding his bicycle on the shoulder of the highway facing traffic. The driver of the automobile was to the plaintiff's left and was preparing to turn right out of the premises of a restaurant onto the highway. As the plaintiff moved to his left and started to pass in front of the automobile, the vehicles collided and the plaintiff was injured. The plaintiff brought this action seeking to recover compensatory damages. The jury returned a verdict for the defendant, finding the plaintiff 75% at fault. The plaintiff appeals, asserting, inter alia, that the jury charge was erroneous and that this error warrants a new trial. We vacate the judgment below and remand for a new trial.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John K. Wilson |
Hawkins County | Court of Appeals | 02/15/01 | |
| Tammy Kline, et al vs. Daniel Eyrich, et al
E2000-01890-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 02/15/01 | |
| Bobby Everett, et al vs. Gordon McCall, M.D.
E2000-02012-COA-R3-CV
The complaint in this medical malpractice case was dismissed on motion for summary judgment. The plaintiff filed a Rule 56.07 Response to the motion, requesting additional time within which to take the defendant's deposition for the purpose, inter alia, of ascertaining his thought processes during the 27-day period he treated the plaintiff for a gastroenterological condition which ended in her death. The request for additional time was denied, and the motion for summary judgment was granted because the affidavit of the defendant was not countervailed. The judgment is reversed.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 02/15/01 | |
| Tammy Kline, et al vs. Daniel Eyrich, et al
E2000-01890-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 02/15/01 | |
| City of Church Hill vs. Patrick Reynolds, III
E2000-01376-COA-R3-CV
Patrick H. Reynolds, III ("Defendant") was issued a Misdemeanor Citation alleging violations of multiple city ordinances of the City of Church Hill ("Plaintiff") over a one-month period. Defendant was found guilty in the Church Hill City Court of violating these ordinances. Defendant appealed to the Hawkins County Circuit Court which likewise found the Defendant guilty of violating the ordinances. The Circuit Court, however, found Defendant guilty of several violations on days for which the Defendant was tried by the City Court with no finding of guilt by the City Court. Because Defendant cannot be placed in double jeopardy for violations of these municipal ordinances, we reverse the judgment of the Circuit Court finding Defendant guilty for violations on days for which Defendant was tried by the City Court with no finding of guilt made by the City Court. We affirm the Circuit Court's determination with regard to the remaining violations.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John K. Wilson |
Hawkins County | Court of Appeals | 02/15/01 | |
| Donna Winstead, et al v.Claiborne County Hospital and Nursing Home
E2000-02214-COA-R3-CV
In this wrongful death action, the Trial Court held that defendant's nurses met the standard of care required of them in the treatment and care of the deceased, and dismissed the case. On appeal, we reverse and enter Judgment for damages.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Conrad E. Troutman, Jr. |
Claiborne County | Court of Appeals | 02/15/01 | |
| Tammy Kline, et al vs. Daniel Eyrich, et al
E2000-01890-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 02/15/01 | |
| Linda Parnham vs. Wayne Parnham
M1998-00915-COA-R3-CV
This appeal involves the continuing obligation of a non-custodial parent to pay child support following a discharge in bankruptcy. The custodial spouse filed a petition in the Circuit Court for Davidson County seeking to enforce the modified child support provision in their marital dissolution agreement. The non-custodial parent responded that his discharge in bankruptcy relieved him of any further obligation to pay this support. Following a hearing, the trial court held that the non-custodial spouse's Chapter 7 bankruptcy did not discharge his child support obligation but denied the custodial spouse's requests for attorney's fees and for a wage assignment. Both parties have appealed. We have determined that the trial court properly concluded that the non-custodial spouse's child support obligation had not been discharged but that the trial court erred by declining to award the custodial spouse her attorney's fees and by refusing to grant her request for a wage assignment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 02/14/01 | |
| Marcus Mooneyham vs. Harold Cates
E2000-01337-COA-R3-CV
Marcus Mooneyham, former General Sessions Judge of Cocke County, seeks by this suit to recover a mental health commitment supplement which he contends he is entitled to receive by virtue of his position as Juvenile Judge. The Trial Court found adversely, and further found that because he was not acting in good faith he was required to repay the County $8912.94. We affirm the judgment of the Trial Court that he was not entitled to the supplement he claimed and was required to repay the County the sum assessed.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:W. Dale Young |
Cocke County | Court of Appeals | 02/14/01 |