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| Orion Pacific, Inc. vs. Exchange Plastics Company
M2000-02345-COA-R3-CV
The defendant Ohio company purchased truckloads of plastic from the Tennessee division of a Texas company. When the Ohio company refused to pay for all the plastic, the Texas company filed suit for the balance in a Tennessee court. The defendant argued that it did not have sufficient contact with Tennessee to subject it to personal jurisdiction in this state's courts. The trial court disagreed, and following a hearing, rendered a judgment for the plaintiff in the amount of $11,288. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 01/31/01 | |
| Kristen Bridges vs. Carla King
W2000-01919-COA-R3-CV
Paternity of minor child was established by a juvenile court consent order entered November 26, 1991, and custody of the child was awarded to Mother. In January, 2000, Father filed a petition to change custody on the basis of change of circumstances and the best interest of the child which was granted by the juvenile court referee. The referee's findings and recommendations were confirmed and made the decree of the court on May 25, 2000. Subsequently, on Mother's petition, an evidentiary hearing was held before the juvenile judge, and on July 6, 2000, after the evidentiary hearing, an order was entered reconfirming the referee's ruling of May 25, 2000. Mother has appealed. We reverse.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George E. Blancett |
Shelby County | Court of Appeals | 01/31/01 | |
| Elizabeth Moxham vs. Eric Crafton, et a l
M2000-00803-COA-R3-CV
During the trial of a construction dispute, the parties reached a settlement in the hallway of the courthouse, and subsequently announced the terms of their agreement to the trial court. Before the agreed order was entered, however, the plaintiff attempted to withdraw her consent. The plaintiff argues on appeal that the trial court erred by signing and entering the agreed order, and by denying her motion to set it aside. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 01/31/01 | |
| Walter Cunningham/David Cunningham vs. John Patterson
W2000-01486-COA-R3-CV
This is a tort case involving trespass, assault and battery. The plaintiffs, father and son, sued the defendant, the son's neighbor, after an altercation between the father and the neighbor. Following a bench trial, the trial court found, by a preponderance of the evidence, that the defendant committed trespass against the son, and assault and battery against the father, and the trial court awarded compensatory and punitive damages. The defendant neighbor appeals. We affirmed in part, reverse in part and modify, finding that there is not clear and convincing evidence to support an award of punitive damages, and that the evidence preponderates in favor of a reduced amount of compensatory damages.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 01/31/01 | |
| Michael Ray Brenneman vs. Margaret Ann Redd Brenneman
M2000-00890-COA-R3-CV
This appeal involves the dissolution of a 31-year marriage by the Circuit Court for Wilson County. Following a bench trial, the trial court declared the parties divorced and divided their marital property but declined to award the wife spousal support. On this appeal, the wife asserts that the trial court erred by declining to grant her spousal support. We have determined that the trial court placed too much emphasis on the value of the wife's share of the marital estate when it declined to grant her spousal support. Accordingly, we have determined that the judgment should be amended to award the wife spousal support in the amount of $200 per month until she reaches sixty-five years of age. We also remand the case to the trial court to calculate a reasonable award for the wife's legal expenses.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Clara W. Byrd |
Wilson County | Court of Appeals | 01/31/01 | |
| Katrinka Stalsworth, et al vs. Robert Grummon
M2000-02352-COA-R3-CV
This appeal involves the dismissal of a patient's medical malpractice complaint pursuant to Tenn. R. Civ. P. 41.02. After the patient voluntarily dismissed her first complaint following opening arguments, the Circuit Court for Sumner County ordered her to pay her surgeon $3,023.85 in discretionary costs. The patient did not pay the discretionary costs she had previously been ordered to pay. After the patient refiled her complaint, the trial court stayed the proceedings on the surgeon's motion and later dismissed the patient's complaint for failure to prosecute and for failure to comply with the court's order directing her to pay the surgeon's discretionary costs. On this appeal, the patient asserts that the trial court erred by dismissing her renewed complaint. We affirm the trial court because the patient had ample warning that her claim was subject to dismissal and had been afforded a reasonable opportunity to comply with the trial court's order directing her to pay the surgeon's discretionary costs.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Arthur E. Mcclellan |
Sumner County | Court of Appeals | 01/31/01 | |
| In the Matter of: All Assessments, Review of Ad Valorem Assessments of Public Utility Companies for Tax Year 1999 and Tax Year 2000
M2000-00399-COA-R12-CV
In these consolidated cases, a consortium of counties and cities appeals the actions of the Tennessee State Board of Equalization in reducing public utility assessments by fifteen per cent. Acknowledging that all sub-constitutional issues involved in the cases have been foreclosed by the decision of the Tennessee Supreme Court in In Re: All Assessments 1998, No. M1998-00243-SC-R11-CV, 2000 WL 1710174 (Tenn. Nov. 16, 2000), Appellants challenge the constitutionality of Tennessee Code Annotated section 67-5-903(f) and section 67-5-1302(b)(1). We hold both sections of the Code to be constitutional and affirm the decision of the Tennessee State Board of Equalization.
Authoring Judge: Judge William B. Cain
|
Court of Appeals | 01/30/01 | ||
| Marcia Hackett vs. Roy Hackett
M1999-01576-COA-R3-CV
This is a divorce case wherein Wife appeals from the distribution of marital property and seeks attorney's fees and costs on appeal. We affirm the action of the trial judge.
Authoring Judge: Judge William B. Cain
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 01/30/01 | |
| Kevin Johnson vs. Donna Johnson
M2000-00358-COA-R3-CV
This appeal involves the dissolution of a ten year marriage. The trial court awarded the husband a divorce after concluding that the wife was guilty of inappropriate marital conduct. The trial court granted custody of the parties' three minor children to the father and refused the mother visitation rights, and held her in criminal contempt of court. The wife now appeals. We have determined that the trial court properly awarded custody to the father but the trial court erred in refusing the mother visitation, and in convicting her of criminal contempt. Accordingly, we affirm in part and reverse in part.
Authoring Judge: Judge William B. Cain
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 01/30/01 | |
| Keehn Hosier vs. Crye-Leike Commercial, Inc.
M2000-01182-COA-R3-CV
This appeal involves a dispute regarding the application of an attorney's fees provision in a property management agreement. The property owner filed suit against the property manager in the Chancery Court for Sumner County alleging not only breach of contract but also fraud, misrepresentation, and breach of fiduciary duty. Following a bench trial, the trial court awarded the property owner a $1,600 judgment for breach of contract and dismissed his remaining claims. Thereafter, the trial court awarded the property owner an additional $15,944 for his legal fees and $219 in discretionary costs. The property manager has appealed only from the award for legal fees, asserting that the property owner is not entitled to reimbursement for the legal fee associated with his unsuccessful tort claims. We have determined that the challenged legal services were necessary to counter the property manager's exculpatory clause defense and that the challenged legal fees, under all the circumstances, are reasonable. Accordingly, we affirm the trial court's $15,944 award for legal fees.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 01/30/01 | |
| Steven H. Rezba vs. Brian W. Randolph
M2000-01973-COA-R3-CV
Dr. Steven H. Rezba purchased the dental practice of Dr. Brian W. Randolph in April of 1996, paying some cash down and giving a promissory note for the balance. Dr. Rezba filed this action to rescind the contract claiming that Dr. Randolph had inflated his revenues by fraudulent practices, and Dr. Randolph counterclaimed for damages for breach of the contract. The Chancery Court of Williamson County denied Dr. Rezba's motion to amend to include a claim for damages and granted summary judgment to Dr. Randolph on all issues. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Jeffrey S. Bivins |
Williamson County | Court of Appeals | 01/30/01 | |
| AT & T v. Ruth Johnson
M2000-01407-COA-R3-CV
This case involves (1) the issue of the liability of AT&T for sales and use taxes assessed by the Commissioner for the years 1990 through 1994, and (2) the issue of whether the Chancery Court had subject matter jurisdiction to adjudicate a claim for refund of taxes where the taxpayer failed to file a formal claim for each of the years, 1993 excepted, "under oath and supported by proper proof." AT&T sold telephone central office equipment and provided engineering services to BellSouth and insisted that these sales and services were industrial machinery and therefore exempt from sales and use taxes.
Authoring Judge: Per Curiam
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 01/30/01 | |
| County Residents Against Speedway Havoc, et al vs. Wilson County Commission, et al
M2000-01561-COA-R3-CV
Opponents of a proposed motor speedway in Wilson County filed a petition which challenged on numerous grounds the zoning change that made construction of the speedway possible. The trial court dismissed the complaint, finding that the county government had acted in accordance with the applicable laws. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:C. K. Smith |
Wilson County | Court of Appeals | 01/30/01 | |
| Emmanuel Churches of Christ, et al vs. Frances Foster, et al
M2000-00812-COA-R3-CV
This is a dispute between a separating local church and the national organization over the church property in Smithville. The dispute involves the interpretation of two deeds, one in 1940 and another in 1943. The Chancery Court of DeKalb County held that the majority of the property belonged to the local congregation. Against the national church's arguments that the chancellor's order violated the separation of church and state and was contrary to the law and the facts, we affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:John A. Turnbull |
DeKalb County | Court of Appeals | 01/30/01 | |
| Charter Lakeside Behavioral Health vs. Tennessee Health Facilities Comm., et al
M1998-00985-COA-R3-CV
This appeal involves a dispute arising out of the construction of a mental health treatment facility in Shelby County. As the facility neared completion, a corporation operating a competing facility filed a petition with the Tennessee Health Facilities Commission seeking a declaratory order that the new facility could not begin operating until it obtained a certificate of need. After the Commission declined to render a declaratory order, the competing corporation petitioned the Chancery Court for Davidson County for a declaratory judgment that the new facility could not begin operating without a certificate of need. The trial court initially dismissed the petition because of the competitor's delay in challenging the construction of the facility. After this court reversed and remanded the case for further consideration, the trial court remanded the case to the Commission to determine whether the new facility had been constructed before the certificate of need laws had been expanded to cover such facilities. On this appeal both the competing corporation and the Commission assert that the trial court erred by not rendering a declaratory judgment based on the existing administrative record. While this appeal was pending, the competing corporation sold its Shelby County facility to another corporation but retained its interest in this litigation. We have determined that this appeal no longer involves a justiciable issue because the competing corporation no longer operates a facility in Shelby County and, therefore, is not entitled to judicial relief. Accordingly, we vacate the judgment and remand the case to the trial court with directions to dismiss the petition for declaratory judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 01/30/01 | |
| Robert Terry Davis, et al vs. Wilson County, TN
M2000-00785-COA-R3-CV
Wilson County sought to modify its health insurance plan providing coverage for "retired" employees. Two employees, fitting the definition of retired employees but not yet retired, challenged the modification on the ground that their rights in the prior plan had vested. The Chancery Court of Wilson County held that the employees had a vested right to continue under the prior plan. We hold that health insurance benefits are welfare benefits that do not vest absent a contractual provision that they cannot be changed. We therefore reverse the lower court's decision and dismiss the complaint.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:John D. Wootten, Jr. |
Wilson County | Court of Appeals | 01/29/01 | |
| Dwayne Hawkins v. Patrick Hart
M2000-02449-COA-R3-CV
This matter began when Plaintiffs signed an agreement to purchase an automobile dealership from Defendant, Patrick Hart. Defendant Hart refused to honor this agreement and later agreed to sell the dealership to Defendant, Nelson Bowers. The current case flows from these breach of contract and inducement of breach of contract actions previously dismissed by the trial court and appealed to this Court. We are now asked to determine whether the trial court correctly applied the Court of Appeals decision in this matter. Plaintiffs appeal two orders issued by the trial court on remand: (1) an order dismissing claims for conversion and interference with business relations against the Bowers Defendants, reinstating the discretionary costs previously vacated by this Court in favor of the Bowers Defendants, and denying Plaintiffs' motion to amend to add additional claims and parties; and (2) a second order dismissing Plaintiffs' separate action against European Motors and Sonic Automotive, parties whom Plaintiffs had previously tried to join in the original action. We find that the trial court correctly interpreted and applied the Court of Appeals decision and affirm both orders in their entirety.
Authoring Judge: Judge William B. Cain
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 01/29/01 | |
| Linda Kinard v. John Kinard
M2000-00674-COA-R3-CV
Upon remand from earlier appeal, the trial court determined (1) Husband owed Wife past due alimony without interest; (2) Husband owed Wife additional $47,933.50 on note with interest from 30 days after the entry of the Court of Appeals opinion until the amount is paid; (3) Husband was not required to release the residence as collateral on the home equity loan; (4) Husband retained ownership of the insurance policy; (5) no attorney's fees were awarded to either party. Wife filed a second appeal to dispute the decision of the trial court and to determine the date at which post-judgment interest begins to accrue, whether husband should be required to discharge the home equity loan, whether husband should be restricted in use of life insurance policy, and whether attorney's fees should have been awarded. For the following reasons, we affirm the decision of the trial court in regards to the attorney's fees, life insurance policy, and home equity loan and reverse the decision of the trial court with respect to post-judgment interest.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 01/29/01 | |
| Allison Coats v. Smyrna/Rutherford County Airport Authority
M2000-00234-COA-R3-CV
This action was brought by the plaintiff against the defendant following two requests by the plaintiff pursuant to the Tennessee Public Records Act for certain documents relating to the Smyrna Airport negotiations with Wiggins Group, PLC./Plane Station, Inc. The plaintiff alleged a statutory right to inspect certain documents. Ultimately, the trial court ordered all of the documents released to the plaintiff, but ordered correspondence addressed to or signed by the SRCAA attorney placed under seal pending appeal. The principal issue on this appeal is whether the appellee is entitled to the documents under seal pursuant to Tennessee Code Annotated section 10-7-503.
Authoring Judge: Judge William B. Cain
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 01/29/01 | |
| Marika Avery vs. Thomas Avery
M2000-00889-COA-R3-CV
In this divorce case ending a 25 year marriage, the trial court classified a bequest made solely to the husband as marital property under an "implied partnership" theory and divided the bequest equally. The parties' other property was divided, and the wife was awarded alimony in futuro. The husband appeals the classification and division of property and the award of alimony in futuro. We reverse the trial court's classification of the bequest as marital property and classify the original bequest as Husband's separate property. We find the increase in value of that separate property to be marital because of the parties' contribution to its maintenance and increase. We modify the award of marital property accordingly, modify the alimony award, and decline to award Wife attorney fees on appeal.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 01/29/01 | |
| Patricia Mora vs. Gilberto Mora
W1999-02483-COA-R3-CV
This case involves a dispute stemming from the parties' divorce in 1991. The divorce decree provided that Ms. Mora and the parties' adult daughter could live in the marital home for thirty months following the divorce, at which time the home was to be put on the market for sale and the proceeds divided. After the thirty month period expired, Mr. and Ms. Mora attempted to settle the dispute concerning the marital home. The parties each executed documents, and a dispute arose as to which document embodied the parties' intentions. The trial court ruled on the parties' settlement dispute, and the court also appointed Ms. Mora as the adult daughter's guardian and ordered that Mr. Mora provide support for his daughter. For the following reasons, we affirm in part and reverse in part.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 01/26/01 | |
| Susan Sellers vs. Randall Sellers
W2000-01475-COA-R3-CV
This appeal involves a belated attempt by the appellant, Randall Lee Sellers, to obtain relief from child support obligations based upon a claim that he is not the biological father of the child. For the following reasons, we affirm the judgment of the trial court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Ron E. Harmon |
Carroll County | Court of Appeals | 01/26/01 | |
| Lula Moody vs. Gen. Motors
W2000-01658-COA-R3-CV
Plaintiffs sued General Motors Corporation and Townsend Chevrolet-Buick-Pontiac, Inc. as a result of injuries sustained by Ms. Moody as a result of a single car accident. In a separate complaint they sued Townsend alleging that it had sold them a purportedly new vehicle when in fact the odometer had been rolled back. The cases were consolidated for trial and the accident case resulted in a jury verdict in favor of the defendants. The case involving the odometer was dismissed by the trial court. Appellants failed to present this court with either a transcript or a statement of the evidence. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:C. Creed Mcginley |
Decatur County | Court of Appeals | 01/26/01 | |
| Musson Theatrical vs. Federal Express
W2000-01247-COA-R3-CV
Plaintiffs, as shippers, sued defendant, FedEx Corporation, for fraud and misrepresentation because of defendant's practice of charging more for economy two-day service than for one-day service for certain packages. Defendant's motion to dismiss was granted on the basis of preemption by federal law, Airline Deregulation Act, and for failure to state a claim upon which relief can be granted. Plaintiffs appeal. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 01/26/01 | |
| Carroll Co. Waste vs. Odillion Collins
W1998-00754-COA-R3-CV
This case involves a dispute over issues surrounding Carroll County's imposition of a garbage collection fee on its residents. The trial court granted summary judgment to Plaintiff, and the Defendant appeals.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Julian P. Guinn |
Carroll County | Court of Appeals | 01/25/01 |