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| 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 | |
| M1998-0987-COA-R12-CV
M1998-0987-COA-R12-CV
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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 | |
| 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 | |
| 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 | |
| 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 | |
| Ginger Vooys vs. Robert Turner, Jr.
M1999-00504-COA-R3-CV
The sole issue presented in this appeal is the propriety of the trial court's award to Wife of postjudgment interest on funds Husband deposited in the office of the clerk of the trial court prior to the appeal of the final order divorcing the parties. The funds represent the purchase price of the marital residence which had been awarded to Wife. Exercising an option to purchase the house, Husband deposited $185,000 with the court clerk and tendered it in open court. Then Husband appealed various portions of the final order, including the award of the house to Wife; he also moved to stay the execution and enforcement of that and other portions of the judgment without paying a bond on the ground that the funds he had already deposited should relieve him of the necessity of posting an additional bond. The motion also requested that the funds be placed in an interest bearing account. The stay of execution was granted, but the motion to deposit at interest was never ruled upon. After the trial court's judgment was affirmed on appeal, Wife filed a motion seeking interest on all money judgments rendered against Husband. The trial court found that Wife was entitled to postjudgment interest on the $185,000. Husband then commenced this appeal. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 02/14/01 | |
| In re: SJLL
E2000-02461-COA-R3-CV
In paternity action, defendant appeals the Trial Judge's refusal to grant T.R.C.P. Rule 60 relief on the grounds that plaintiff's non-suit was improper, and as a result defendant was denied his right to a jury trial. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Joseph M. Ayers |
Campbell County | Court of Appeals | 02/14/01 | |
| J.W. Hargrove, et al vs. Larry Carlton, et al
M2000-00250-COA-R3-CV
After the defendant landowners placed gates across a roadway that ran through their land, some adjoining landowners filed suit to have the gates removed. The plaintiffs argued that the roadway was a public road, or in the alternative that they had acquired prescriptive rights to use it. The trial court ruled for the defendants. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 02/14/01 | |
| Carolyn Attaway vs. Denver Attaway
E2000-01338-COA-R3-CV
In this action to collect child support ordered in the State of Georgia, the Trial Court Ordered the foreign judgment registered in the Circuit Court, allowed a credit for Social Security payments, and denied the defense of statute of limitations. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jacqueline E. Schulten |
Hamilton County | Court of Appeals | 02/14/01 | |
| In Re: JJC
E2000-01223-COA-R3-CV
The Trial Court terminated the father's parental rights. Father argued below and on appeal, that the part of the UCCJA which gave the court jurisdiction of the matter is unconstitutional. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 02/14/01 | |
| Deborah Harvey vs. Felipa Covington, d/b/a Choice Corporate Training Int'l.
M2000-01184-COA-R3-CV
This appeal arises from a business dispute between the parties. Businesswoman and Investor signed letter of intent to create limited liability company. Business then began operation. Thereafter, several operational disputes arose between the parties, as well as disputes over Businesswoman's use of Business funds. The trial court determined that Businesswoman had defrauded Investor of invested funds and awarded Investor those funds. Investor was also awarded back pay promised by Businesswoman through Business. We find that a partnership agreement existed between the parties and reverse the trial court's judgment. The case is remanded for rescission of the partnership on the basis that it was created under fraudulent circumstances. The trial court's decision to deny attorney's fees requested by Businesswoman is affirmed.
Authoring Judge: Judge David R. Farmer
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 02/14/01 | |
| State, ex rel Kandy Bissonette, vs. Joseph Marland, III, In Re: KRB
E2000-02089-COA-R3-CV
In this action to establish paternity, the Trial Court dismissed the action on the grounds that a previous action against the same defendant had been dismissed, and the savings statute had run. We reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Carey E. Garrett |
Knox County | Court of Appeals | 02/14/01 |