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| Angela Joan Wagner, v. Rodney Keith Wagner
M1999-01045-COA-R3-CV
The trial court granted the parties a divorce, ordered joint custody of the parties' minor son, and divided the marital property. On appeal, Ms. Wagner contends that the trial court's award of joint custody on an alternating week basis was improper, that the division of marital property was inequitable, and that the trial court's order requiring her to bear one-half of the child's medical insurance was improper. We disagree and affirm the trial court's judgment.
Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Chancellor Robert E. Corlew, III |
Rutherford County | Court of Appeals | 11/30/00 | |
| James W. Hunter vs. Shirley C. Hunter
E2000-00662-COA-R3-CV
In this divorce case, Shirley C. Hunter ("Wife") appeals, arguing that the trial court erred (1) in classifying and dividing the parties' property; (2) in refusing to find James W. Hunter ("Husband") in contempt for failing to pay Wife's medical bills; (3) in restricting Wife's spousal support award to one of alimony in solido of $7,200; (4) in awarding Husband a judgment against Wife for $5,068.53 in connection with Wife's use of his vehicle; and (5) in failing to award Wife her attorney's fees. We vacate the trial court's judgment ordering Wife to pay for her use of Husband's vehicle. In all other respects, the judgment of the trial court is affirmed.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Telford E. Forgerty, Jr. |
Grainger County | Court of Appeals | 11/30/00 | |
| Hodges vs. TN Atty. General
M2000-00550-COA-R3-CV
This appeal arises from the dismissal of a prisoner's pro se complaint for failure to prosecute. The Chancery Court for Davidson County dismissed the complaint eleven months after it was filed because the prisoner had failed to provide summonses and copies of the complaint for service on the defendants. The prisoner has appealed to this court. Instead of arguing that the trial court erred by dismissing his complaint for failure to prosecute, the prisoner has simply renewed the assertions he made in the trial court that his sentence credits have been calculated incorrectly and that he should be released on parole. We determined that the trial court properly dismissed the complaint for failure to prosecute.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 11/30/00 | |
| G.L. Omohundro, et al vs. Paul Harrison, et al
E2000-00666-COA-R3-CV
This is a suit by investors in The Great Smoky Mountain Opry Corporation against a number of defendants including Paul Harrison. The trial court found a violation of the Tennessee Securities Act of 1980 and awarded the plaintiffs a judgment for $56,932.50. Harrison appeals, contending that the judgment should be reversed. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 11/28/00 | |
| Department of Children's Services, vs. D. & G.M.
E1999-01359-COA-R3-CV
The Trial Judge terminated mother's parental rights to her three minor children. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Suzanne Bailey |
Hamilton County | Court of Appeals | 11/28/00 | |
| Berman Kennedy vs. Darlene Lane-Detman, et al
E2000-01315-COA-R3-CV
The defendant Herbert G. Adcox guaranteed, in part, payment of a $35,000 promissory note executed by Darlene Lane-Detman in favor of the plaintiff Berman D. Kennedy. Adcox's guaranty took the form of a post-dated check in the amount of $30,000. When Detman defaulted on the note and Adcox then stopped payment on the check, the plaintiff sued Adcox on the check. The trial court granted Adcox summary judgment, finding that the record before it established a number of affirmative defenses. We affirm the trial court's decision to grant summary judgment to Adcox, because we find that Kennedy modified the repayment terms of Detman's note without Adcox's consent.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 11/28/00 | |
| Tindell's Inc. vs. Mary Ava Partin
E2000-01640-COA-R3-CV
This is a suit to recover the sales price of certain materials sold to the Defendant and to enforce a lien against certain property if the judgment rendered is not paid. The Trial Court found in favor of the Plaintiff, resulting in this appeal, wherein the Defendant questions the introduction of certain proof and insists the preponderance of the evidence is contrary to the Trial Court's determination. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Billy Joe White |
Campbell County | Court of Appeals | 11/28/00 | |
| Elpidio Placencia vs. Lauren Placencia
W1999-01812-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 11/27/00 | |
| Harry Tusant vs. City of Memphis
W2000-01431-COA-R3-CV
Petitioners, Memphis police officers, filed a petition in chancery court for writ of mandamus to require the city to promote them to certain civil service ranks after they successfully completed the promotional process and are otherwise eligible and qualified for promotion. The trial court denied the petition, and petitioners have appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 11/27/00 | |
| Terry Lynn vs. City of Jackson
W1999-01695-COA-R3-CV
Plaintiffs, personal representative of decedent, an adult child of decedent, and a minor child of decedent, filed a wrongful death suit more than one year after decedent's date of death against the City of Jackson pursuant to the Tennessee Governmental Tort Liability Act (TGTLA). Plaintiffs had filed suit within one year of the date of death in federal court, and after federal court dismissed the case, they filed the instant case two days later in circuit court. The circuit court dismissed plaintiffs' case because it was not filed within one year of the accrual of the cause of action as mandated by TGTLA. Plaintiffs have appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Roy Morgan |
Madison County | Court of Appeals | 11/27/00 | |
| Mary Slack vs. Bryan Antwine
W2000-00961-COA-R3-CV
Plaintiffs sued to quiet title to property and to establish boundary line. The trial court found that the deed description of plaintiffs' property established their title to the disputed property. Defendant has appealed. We affirm the judgment of the trial court.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Joe C. Morris |
Henderson County | Court of Appeals | 11/27/00 | |
| HMC Technologies Corp.vs. Siebe, Inc.
E2000-01093-COA-R3-CV
In this declaratory judgment action, the plaintiff, HMC Technologies Corp. a/k/a HMC Technologies, Inc. ("HMC"), sued to enforce an indemnification provision contained in a proposal submitted to, and accepted by, the defendant, Siebe, Inc.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 11/27/00 | |
| Elpidio Placencia vs. Lauren Placencia
W1999-01812-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 11/27/00 | |
| Elpidio Placencia vs. Lauren Placencia
W1999-01812-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 11/27/00 | |
| Estate of Annie Hamilton et al. v. Walter Morris,et al.
W1998-00191-COA-R3-CV
Proponents of 1992 will of testatrix offered the will for probate, and three beneficiaries of testatrix's 1987 will filed a complaint contesting the 1992 will. Proponents of the 1992 will filed a response to the complaint contesting the 1992 will which, inter alia, denies that the 1987 will is the last will and testament of the testatrix. The chancellor granted summary judgment against the proponents of the 1992 will, holding that the will was void by virtue of proponents' undue influence on testatrix. The chancellor also granted summary judgment for residuary beneficiary of the 1987 will and admitted the 1987 will to probate as the last will and testament of the testatrix. Appellants, the proponents of the 1992 will and contestants of the 1987 will, have appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:J. Steven Stafford |
Dyer County | Court of Appeals | 11/27/00 | |
| Elpidio Placencia vs. Lauren Placencia
W1999-01812-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 11/27/00 | |
| David Roberts v. Essex Microtel Associates, Ii, L.P. D/B/A
E2000-COA-R3-CV
Originating Judge:Richard E. Ladd |
Sullivan County | Court of Appeals | 11/27/00 | |
| David Roberts vs. Essex Microtel Assoc.,et al
E2000-01356-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Richard E. Ladd |
Sullivan County | Court of Appeals | 11/27/00 | |
| Jason Kim vs. Nancy Boucher
W2000-00427-COA-R3-CV
A minor pedestrian and his father sued automobile driver for personal injury damages sustained by minor when struck by driver's vehicle. The trial court directed a verdict for the automobile driver at the close of plaintiff's proof. Plaintiff has appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 11/27/00 | |
| Tinkham vs. Beasley
M1999-02809-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Clara W. Byrd |
Wilson County | Court of Appeals | 11/22/00 | |
| Tinkham vs. Beasley
M1999-02809-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Clara W. Byrd |
Wilson County | Court of Appeals | 11/22/00 | |
| Martino vs. Dyer
M1999-02397-COA-R3-CV
The trial court granted the motion of an attorney seeking collection of a pro rata share of his fee from a hospital lien against his client's settlement. The effect of the trial court's order is to require the hospital to pay fees to an attorney it did not hire. We reverse the judgment.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:William M. Dender |
Sumner County | Court of Appeals | 11/22/00 | |
| Elvin Blankenship vs. Alvis Blankenship
W1999-02134-COA-R3-CV
This appeal arises from a property line dispute between several parties. During the trial, the Chancellor appointed an independent surveyor as a Special Master to determine the actual location of the boundary lines between the parties. When the Special Master reported his results, the Chancellor concurred in his findings. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Joe C. Morris |
Henderson County | Court of Appeals | 11/21/00 | |
| Richard Stoner vs. Mary Stoner
W2000-01230-COA-R3-CV
This appeal arises from a divorce between a couple with a long standing pre-marital relationship. Citing this relationship, the trial court classified two stock accounts as marital property and awarded Wife a portion of their funds. These accounts were pre-marital accounts of Husband. No marital funds were deposited in the accounts by either party and Wife had no interaction with the accounts. Under the circumstances of this case, the trial court's classification of this property as marital property amounts to recognition of a common-law marriage, and Tennessee does not recognize common-law marriages. As such, the trial court was incorrect in awarding funds from the accounts to Wife. The trial court correctly assigned pre-marital debt, divided the remainder of marital property, and awarded alimony in futuro and attorney's fees. We affirm in part and reverse in part.
Authoring Judge: Judge David R. Farmer
Originating Judge:Ron E. Harmon |
Henry County | Court of Appeals | 11/21/00 | |
| Thomas Smith vs. Arthur Johnson
W2000-00063-COA-R3-CV
This is a wrongful death case. A car crossed the center line and collided with a dump truck, causing the dump truck to strike and kill three pedestrians, including the plaintiff's wife and son. The plaintiff sued the driver of the car, the driver of the dump truck, and the company for which the dump truck driver was hauling asphalt. The trial court granted summary judgment in favor of the company, finding that the truck driver was an independent contractor. At trial, the jury found that the driver of the car was 100% at fault for the accident, and that the truck driver bore no fault in the accident. The plaintiffs did not move for a new trial. The plaintiff filed a notice of appeal. We affirm the trial court's grant of summary judgment to the company, finding that the liability of the company would be derived from the fault of the truck driver in the operation or maintenance of his dump truck, and that the company could not be held liable where the jury found that the truck driver bore no fault in the accident.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Joseph H. Walker, III |
Tipton County | Court of Appeals | 11/21/00 |