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| Warbington Construction, Inc. vs. Franklin Landmark, LLC
M2000-00676-COA-R3-CV
This appeal involves the vacating of an arbitration award by the court below. The trial court applied nonstatutory grounds to vacate the decision of the arbitrator. Because we decline to adopt the nonstatutory grounds for judicial review of an arbitration award under the Federal Arbitration Act, we reverse.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/25/01 | |
| Dale Conrad McQuiston vs. Thomas Ward, Sheriff of Perry County
M2001-00201-COA-R3-CV
Dale Conrad McQuiston filed a pleading entitled "Writ of Replevin" wherein he sought to recover $1,000 cash and various items of personal property which were alleged to have been seized by the defendant Thomas Ward, Sheriff of Perry County, Tennessee. The trial court granted Defendant's motion for summary judgment. We affirm on the basis that Mr. McQuiston's suit was barred by the three year statute of limitations set forth in section 28-3-105 of the Tennessee Code Annotated.
Authoring Judge: Judge David R. Farmer
Originating Judge:Russell Heldman |
Perry County | Court of Appeals | 07/25/01 | |
| Thomas Fulbright vs. Bevans Fulbright
E2000-02040-COA-R3-CV
Thomas Fulbright ("Husband") filed for divorce alleging inappropriate marital conduct on the part of Bevans Ramsey Fulbright ("Wife"). Wife filed a counter-claim seeking a divorce on the same basis. The Trial Court granted both parties a divorce, divided the marital property, awarded Wife rehabilitative alimony, and granted primary physical custody of the three minor children to Wife. Husband appeals all of these determinations, and Wife appeals the Trial Court's refusal to award her attorney fees. We affirm as modified.
Authoring Judge: Judge David Michael Swiney
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 07/25/01 | |
| Patricia Williams vs. Canada Life vs. James Williams/Deborah Elg
W2000-03096-COA-R3-CV
The plaintiff's husband died from a single gunshot wound to his chest which occurred while the two were alone in their home. By whose hand he died was the sole issue at both the trial and on appeal. If the plaintiff's husband shot himself, as she claims, she receives the proceeds from an insurance policy on his life. However, if she shot and killed her husband, as his adult children assert, they receive the insurance proceeds. Following the trial, the chancery court concluded that the death occurred as the result of a suicide. The defendants appealed, arguing that the presumption against suicide compels the conclusion that their father was shot to death by the plaintiff, their stepmother. Based upon our review, we affirm the judgment of the chancery court that the death occurred as the result of a suicide.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:J. Steven Stafford |
Dyer County | Court of Appeals | 07/24/01 | |
| Dennis Plemons, et al vs. Larry Moses, et al
E2000-02781-COA-R3-CV
Dennis Plemons ("Plaintiff") leased the Crossroads Market to Larry Moses ("Defendant") pursuant to a five-year lease. Prior to the expiration of the lease, Plaintiff found new tenants willing to pay significantly more to lease the property. Plaintiff informed Defendant about the new potential tenants and gave Defendant the opportunity to continue leasing the property if he would pay this higher rent. Defendant declined to lease the property for this increased amount. Plaintiff allowed Defendant to continue leasing the property until the new tenants were ready to assume possession of the property. When the new tenants were ready to assume possession, Defendant refused to vacate the premises claiming that he was a holdover tenant and entitled to possession of the property under a year-to-year tenancy after the expiration of the lease. The Circuit Court held that a new month-to- month tenancy had been created and, therefore, Plaintiff was entitled to possession. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John B. Hagler, Jr. |
Monroe County | Court of Appeals | 07/24/01 | |
| Gatlinburg Airport Authority, Inc. vs. Ross B. Summitt, et al
E2000-02646-COA-R3-CV
An electrical transmission line owned and maintained by TVA is located about 1000 feet from the eastern end of the runway at the airport owned and operated by the Gatlinburg Airport Authority [GAA]. The transmission line was constructed before the Airport was established. The two have coexisted without mishap, and no official publication, State or Federal, warns of any danger to aircraft posed by the transmission line. However, because of the transmission line, 360 feet of the runway cannot be used by aircraft landing or taking off. The GAA, after 35 years, concluded that the transmission line was an airport hazard. TVA is immune from suit, but agreed to relocate its transmission line if GAA would acquire the necessary easement over lands of the defendants. The trial court dismissed the eminent domain action, holding that (1) the plaintiffs should seek relief against TVA if the transmission line is hazardous, (2) the line is not hazardous, (3) there is no necessity to remove the line, (4) the attempted condemnation is arbitrary and capricious. The judgment is vacated.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:W. Dale Young |
Sevier County | Court of Appeals | 07/24/01 | |
| Karen Garrett Humphries vs. David Alison Humphries
E2000-02912-COA-R3-CV
In this divorce case, the trial court classified the parties' property, following which it divided the marital property, but declined to order spousal support. The husband appeals, arguing (1) that the trial court erred in classifying the increase in value of his separate property as marital property; (2) that the division of the marital property was not equitable; and (3) that the trial court erred in assigning, without classifying, the wife's credit card debt to the husband. By way of a separate issue, the wife argues that she is entitled to an award of alimony. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jean A. Stanley |
Washington County | Court of Appeals | 07/23/01 | |
| E2000-01823-COA-R3-CV
E2000-01823-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:John L. Kiener |
Washington County | Court of Appeals | 07/23/01 | |
| William P. Livingston, Jr. vs. Mike Hayes, et al
E2000-01619-COA-R3-CV
In this appeal from the Circuit Court for Hamblen County, the Plaintiff/Appellant, William P. Livingston, Jr., questions whether the Trial Court erred in entering a summary judgment dismissing his action for libel against the Defendants/Appellees, Mike Hayes, et al. We affirm the judgment of the Trial Court and remand for collection of costs below. We adjudge costs of the appeal against Mr. Livingston and his surety.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Richard E. Ladd |
Hamblen County | Court of Appeals | 07/23/01 | |
| Sharon Faye Brown Hartman v. Leonard Lee Hartman
E2000-1927-COA-R3-CV
Originating Judge:Thomas R. Frierson, II |
Greene County | Court of Appeals | 07/20/01 | |
| David Melvin York, et ux vs. Vulcan Materials CO. vs. Transcontinental Insurance Company
E2000-02528-COA-R3-CV
Contractor sought recovery from subcontractor's insurance carrier for moneys paid to a third party who had sued contractor and subcontractor in tort. The Trial Court ordered recovery under the policy. Insurance Company appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 07/20/01 | |
| Rhonda Lowrimore vs. Certified Industries, Inc.
M1998-00938-COA-R3-CV
This appeal involves an award of front pay damages in a retaliatory discharge case. An employee who had been injured on the job five times in less than two years filed a retaliatory discharge suit in the Circuit Court for Lewis County alleging that her employer had discharged her in retaliation for her workers' compensation claims. A jury awarded the employee $10,390 in back pay and $20,000 in punitive damages. Thereafter, the trial court determined that reinstatement was not feasible and awarded the employee an additional $36,327 in front pay. On this appeal, the employer challenges the front pay award on two grounds. First, it asserts that the employee was not entitled to front pay. Second, it asserts that if the employee is entitled to front pay, the amount of front pay awarded by the trial court is too high. We have determined that the trial court correctly determined that the employee is entitled to front pay. However, we have also determined that front pay award must be reduced to $25,429 because of an error in the trial court's computations.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Donald P. Harris |
Lewis County | Court of Appeals | 07/19/01 | |
| Rachel Rice vs. Lee Rice
M1998-00973-COA-R3-CV
This appeal involves the dissolution of a four-year marriage. Both parties requested the Circuit Court for Davidson County to grant them a divorce. On the day of trial, the parties stipulated that they should be declared divorced and agreed upon the division of their modest marital estate. Accordingly, the trial court heard proof regarding child custody and child support as well as the wife's request for rehabilitative spousal support. The trial court gave sole custody of the parties' child to the wife and directed the husband to pay $570 per month in child support, as well as all the child's healthcare expenses not covered by insurance. The trial court also ordered the husband to pay the wife $250 per month in rehabilitative support for twenty-four months. On this appeal, the husband takes issue with the trial court's decisions to grant the wife sole custody of the parties' child, to require him to pay the child's medical expenses not covered by insurance, and to pay the wife $250 per month in spousal support for twenty-four months. We have determined that the trial court's decisions are amply supported by the record, and accordingly, we affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 07/19/01 | |
| Barbara Korthoff vs. Herbert Korthoff
W2001-01712-COA-R10-CV
In this pending divorce action, the trial court ordered Husband to transfer $300,000.00 to Wife as a partial distribution of the marital estate. Husband filed an application for extraordinary appeal pursuant to Rule 10 Tenn. R. App. P. which this Court granted. Husband contends that the trial court is without authority to make a partial distribution of marital funds during the pendency of the divorce action. Furthermore, if the court had such authority, it could not do so absent an evidentiary hearing to determine whether the property was marital or separate. The application was granted and the order of the trial court reversed.
Authoring Judge: Judge David R. Farmer
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 07/18/01 | |
| State of Tennessee, Department of Children's Services, v. Amy Diane Bottoms, and Brian Bottoms, Sr. In the Matter of: Brian Scott Bottoms, Jr., Israel Vaughn Bottoms, and Elijah Keane Bottoms
01A01-9706-JV-00249
Brian Bottoms, Sr., and Amy Bottoms have appealed from the judgment of the Juvenile
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Andrew J. Shookhoff |
Davidson County | Court of Appeals | 07/18/01 | |
| Sara J. and Jerry H. Malone v. First Capital Home Improvements
02A01-9704-CV-00091
Defendant First Capital Home Improvements appeals the trial court’s judgment entered in favor of Plaintiffs/Appellees Sara J. Malone and Jerry H. Malone in this breach of contract action. We affirm.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge John Franklin Murchison |
Madison County | Court of Appeals | 07/18/01 | |
| John Watson Little, et. al. and Leslie Earl Little, Executors for the Estate of Leslie H. Llittle, Deceased, . v. Michael Hogan, Jeff Payne et. al.
01A01-9707-CV-00291
The captioned executors filed this suit to recover damages for the wrongful death of 88
Authoring Judge: Judge Henry F. Todd
Originating Judge:Judge Lee Russell |
Bedford County | Court of Appeals | 07/18/01 | |
| Jean Kelly Fisher Wallace v. Richard Edward Wallace
02A01-9702-CH-00029
This is a post-divorce custody proceeding. Jean Kelly Fisher Wallace (“mother”) was
Authoring Judge: Judge Hewitt P. Tomlin
Originating Judge:Judge C. Neal Small |
Shelby County | Court of Appeals | 07/18/01 | |
| George Stinson, Edward D. Lewis, and Gelsco of Tennessee, Inc., v. 138 Fifth Avenue South, et. al. and Metro Development and Housing Authority - Concurring
01A01-9702-CV-00060
I concur in the conclusion that paragraph 17 of the lease was not triggered by the sale from the lessors to MDHA. I am also of the opinion that the critical sentence beginning with “All damages awarded for such taking . . .” refers to a partial taking, because the damages are described later in the sentence as “compensation for diminution in value to the leasehold or to the fee of the property herein leased.” A taking of the whole would not diminish the value of the leasehold or the fee; it would extinguish the leasehold and the fee and replace them with a monetary award.
Authoring Judge: Judge Ben H. Cantrell
|
Court of Appeals | 07/18/01 | ||
| Sheila Faye Hagen McCall Barnett v. Ronald Edward Barnett, Sr.
01A01-9706-CV-00244
Plaintiff, Sheila Faye Hagen McCall Barnett (Wife), and defendant, Ronald Edward Barnett, Sr. (Husband), were divorced by decree entered January 9, 1997. Husband appeals and presents issues concerning property division, alimony, and attorney’s fees.
Authoring Judge: Presiding W. Frank Crawford
Originating Judge:Judge Muriel Robinson |
Davidson County | Court of Appeals | 07/18/01 | |
| James Dortch, Sr. vs. Evonne Dortch
M1999-02053-COA-R3-CV
This appeal involves a dispute over the division of a marital estate following a seventeen-year marriage. Both parties sought a divorce in the Circuit Court for Davidson County. During a short bench trial, they stipulated that each of them had grounds for divorce but contested the classification, valuation, and division of their separate and marital property. The trial court declared the parties divorced and undertook to divide their marital estate equally. Both parties are dissatisfied with the division of the marital estate. The husband asserts that the trial court made a significant mathematical error in calculating the amount required to equalize the division. For her part, the wife asserts that the trial court misclassified items of separate property as marital property. We have determined that the trial court properly determined that the parties should receive equal shares of the net marital estate. However, we also find that the trial court misclassified a number of items of the wife's separate property and erroneously calculated the amount to be awarded to the wife to equalize the division of the marital estate. Accordingly, we have corrected the errors and affirm the judgment as modified herein.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 07/17/01 | |
| Recognized Ground of Equity. Chambers v. City of Chattanooga, 71 S.W.3D 281, 284 (Tenn. Ct. App.
M2006-02424-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/17/01 | |
| Connie McGahey vs. James Wilson
M2000-01931-COA-R3-CV
Upon divorce, the parties entered into an agreement that provided the parties would retain ownership as the marital residence as tenants in common, but could not sell the property without mutual consent. Mrs. McGahey now desires to partition the property over her former husband's objection. The special master found that the contract provision barring partition was unenforceable. The chancellor found the provision enforceable but only for a reasonable period of time (sixteen years). Mr. Wilson now appeals the trial court's judgment ordering partition by sale. Resolution of this appeal requires us to examine the effect of a contract barring partition between tenants in common when no time limitation or purpose for the restriction against sale was stated in the agreement. We hold the contract provision to be unenforceable.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/17/01 | |
| James Ray vs. Thomas Richards
M2000-01808-COA-R3-CV
Plaintiff filed a complaint against Defendant for personal injuries resulting from an alleged assault which occurred on October 20, 1998. The jury found for Defendant. Plaintiff appeals raising two issues: (1) Whether the trial court committed reversible error by admitting evidence of Plaintiff's character, reputation, conduct, and criminal records, and (2) whether the trial court erred in allowing the neighbor's petition describing Plaintiff as a public nuisance into evidence. We affirm the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 07/17/01 | |
| Harpeth Valley Utilities Dist. of Davidson and Williamson Counties, v. The Metropolitan Government of Nashville and Davidson County - Concurring
01A01-9711-CH-00686
We concur with the results of the presiding judge’s opinion because we believe that the holding of Davidson County v. Harmon, 200 Tenn. 575, 292 S.W.2d 777 (1956) controls the outcome of this case. The Harpeth Valley Utility District has been operating since 1959 under the aegis of the Utilities Law of 1937 [Tenn. Code Ann. §§ 7-82-101, -804 (1992 & Supp. 1997)] providing water and sewerage disposal services to areas of Davidson, Williamson, and Cheatham Counties. As such, it is a governmental entity. See Tenn. Code Ann. § 7-82-301(a)(1) (Supp. 1997); First
Authoring Judge: Judge William C. Koch, Jr.
|
Davidson County | Court of Appeals | 07/17/01 |