| Rudy Page, Roger Page, and Donald Hanafee, v. Robert Lynn Fuchs and wife, Brenda Ann Fuchs
W1999-00702-COA-R3-CV
This appeal involves a dispute over the existence of an easement over Defendants Fuchs’ land. Plaintiffs Page and Hanafee brought suit seeking an easement by necessity or a prescriptive easement, as well as damages for Defendants’ alleged inducement of breach of contract. The court below found that Plaintiffs had a prescriptive easement across Defendants’ property, but did not find Defendants liable for damages. Defendants appeal.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor George R. Ellis |
Gibson County | Court of Appeals | 06/06/00 | |
| Sue Zius v. Susan Shelton, Christian Millman, John Doe and The Bradley County Weekly, Inc., A/K/A Bradley Weekly, Inc., and The Bradley News Weekly
E1999-01157-COA-R9-CV
Defendants moved to dismiss plaintiff’s defamation case for failure to state a cause of action. The Trial Judge overruled the motion and on interlocutory appeal, we affirm.
Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge John B. Hagler, Jr. |
Bradley County | Court of Appeals | 06/06/00 | |
| John Herman Hutchings v. Methodist Hospital of McKenzie, et al.
W1998-00901-COA-R9-CV
This is a medical malpractice case in which the plaintiff filed two identical actions only days apart in Shelby County and Carroll County against the same defendants. The plaintiff non-suited and then re-filed the Carroll County action. Amended complaints were filed in both actions seeking to add a defendant. The plaintiff then asked the Shelby County trial court to transfer the action pending in Shelby County to Carroll County for consolidation. The defendant who was added argued that the Shelby County trial court should dismiss the case for improper venue and that the Carroll County trial court should grant his motion for summary judgment based on the statute of limitations. The Shelby County trial court granted the plaintiff’s motion to transfer to Carroll County and the Carroll County trial court denied the defendant’s motion for summary judgment. The added defendant appealed. We reverse the Carroll County trial court’s denial of summary judgment and its acceptance of the Shelby County case for consolidation and remand to the Carroll County trial court to determine whether the Shelby County amended complaint was intended to supplement the original complaint or to completely replace it, and whether a named Shelby County defendant was still a defendant in the Shelby County suit when the amended complaint was filed, in order to ascertain if venue was proper as to the added defendant.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge Julian P. Guinn and Judge Karen R. Williams |
Carroll County | Court of Appeals | 06/02/00 | |
| Martin Paschall v. Henry County Board of Education
W1999-0070-COA-R3-CV
This is an employment discrimination case. The plaintiff is a white teacher who was disciplined for his role in an altercation with a black teacher. The plaintiff sued the county school board for discrimination, alleging that he was disciplined because of his race, in violation of the Tennessee Human Rights Act. The trial court granted the school board’s motion for summary judgment. The plaintiff appeals. We reverse and remand, finding that the plaintiff has proffered direct evidence of discriminatory intent.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Ron E. Harmon |
Henry County | Court of Appeals | 06/02/00 | |
| Sandra Diane Moore, v. Danny Michael Moore
W1998-00379-COA-R3-CV
This appeal arises from an action for divorce filed by plaintiff-Wife in the Crockett County Chancery Court. Following defendant-Husband’s answer and counter-complaint for divorce, the parties entered into a consent order for support and other relief. The court entered an order granting divorce and approving the parties’ agreement. Subsequently, the court entered an order awarding Wife alimony in futuro and a significant amount of the marital assets. The court also found that stock in a corporation was a marital asset and included the stock in Husband’s award of marital assets. Husband appeals both the award of alimony and the court’s characterization of the corporation stock as a marital asset. Tenn.R.App.P. Rule 3 Appeal as of Right; Judgment of the Chancery Court is Affirmed in Part, Reversed in Part and Remanded.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor George R. Ellis |
Crockett County | Court of Appeals | 06/01/00 | |
| Grandstaff vs. Hawks
M1998-00909-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Bobby H. Capers |
Wilson County | Court of Appeals | 05/31/00 | |
| Clark Earls vs. Shirley Earls
M1999-00035-COA-R3-CV
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 05/31/00 | |
| Miltier, III vs. Miltier (Buhls)
E1999-00887-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Jean A. Stanley |
Carter County | Court of Appeals | 05/31/00 | |
| Clark Earls vs. Shirley Earls
M1999-00035-COA-R3-CV
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 05/31/00 | |
| Beatrice Holiday vs. Shoneys South
W1999-01173-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 05/31/00 | |
| Charles McDonald vs. Dixie White Ishee
W1998-00258-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Joe C. Morris |
Shelby County | Court of Appeals | 05/31/00 | |
| Clark Earls vs. Shirley Earls
M1999-00035-COA-R3-CV
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 05/31/00 | |
| Richardson vs. TDOC
M1999-02796-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 05/31/00 | |
| Steven C. Mohn, et ux vs. Bernard Graff, et al
E1999-01015-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas R. Frierson, II |
Hamblen County | Court of Appeals | 05/31/00 | |
| Limbaugh vs. Coffee Medical Center
M1999-01181-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 05/31/00 | |
| D. A. Price vs. P. C. Price
E1999-00102-COA-R10-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 05/31/00 | |
| Ricky Lee Jenkins v. Heather Johnson
M2001-02103-COA-R3-CV
This appeal arises from the lower court's modification of a child custody arrangement. The trial court found that a material change in circumstances had occurred and awarded primary residential custody to Father. For the following reasons, we affirm the judgment of the lower court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Clara W. Byrd |
White County | Court of Appeals | 05/30/00 | |
| Larry W. Barnes v. The Goodyear Tire And Rubber
W2000-01607-COA-RM-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:W. Michael Maloan |
Obion County | Court of Appeals | 05/30/00 | |
| Wielgus vs. Dover Industries
M1999-00173-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 05/30/00 | |
| Speakman vs. Ada Ferrell Garden Apts.
M1999-00509-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:L. Craig Johnson |
Coffee County | Court of Appeals | 05/30/00 | |
| 21812-COA-R3-CV
21812-COA-R3-CV
Originating Judge:Jeffrey F. Stewart |
Sequatchie County | Court of Appeals | 05/30/00 | |
| Ronald & Bonnie Warf vs. Wayne Vincent
W1999-01542-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 05/30/00 | |
| Tammy C. Powell vs. Charley Crisp, et al
E1999-02539-COA-R3-CV
This is a suit wherein Tammy C. Powell, formerly Bird, seeks custody of her minor children, Joshua Daniel Bird (DOB 2/2/86) and Cherish Richelle Bird (DOB 8/25/88), who are now in the custody of her parents. The Trial Court was of the opinion that the Court of Indian Offenses of the Eastern Band of Cherokee Indians, located in Cherokee, North Carolina, the Court which initially awarded a divorce to Richard Bird and later granted custody of the children to the maternal grandparents, Charley and Peggy Crisp, had exclusive jurisdiction of any action seeking to change custody, and accordingly dismissed the petition. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Jerri S. Bryant |
Bradley County | Court of Appeals | 05/30/00 | |
| Chadwell vs. Chadwell
M1999-00675-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Appeals | 05/30/00 | |
| K.C. Lam vs. Robert Allen
W1999-00244-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 05/26/00 |
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