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| Willie Perry v. Cold Creek Correctional Facility Disciplinary Board, et al.
M1999-01898-COA-R3-CV
This case arises from the decision of the Cold Creek Correctional Facility Disciplinary Board finding the Appellant guilty of attempting to intimidate an employee and being under the influence of alcohol. The Appellant filed a Petition for Common Law and Statutory Writ of Certiorari with the Chancery Court of Davidson County challenging the Disciplinary Board's decision. The trial court affirmed the decision of the Board and dismissed the Appellant's claim.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 08/09/00 | |
| William Andrew Dixon v. Donal Campbell, Commissioner Tennessee Department of Correction
M1999-02122-COA-R3-CV
A prisoner serving a life sentence petitioned the court to order the Department of Correction to restore sentence reduction credits it had deleted from his record after determining that his sentence was to be served without the possibility of parole. The trial court dismissed the petition. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Carol L. McCoy |
Davidson County | Court of Appeals | 08/09/00 | |
| Nancy D. Bracken, v. Richard Earl, D/B/A Financial Services Company
E2000-00202-COA-R3-CV
Plaintiff sued to recover monies paid to defendant. Defendant defended on the grounds that the monies were paid to a trust fund for which he was not liable. The Trial Court held the trust had no validity and entered judgment against the defendant. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Judge Harold Wimberly |
Knox County | Court of Appeals | 08/07/00 | |
| Tennessee-American Water Company, v. City of Chattanooga, Tennseess, et al.
E2000-00415-COA-R3-CV
The City of Chattanooga asserted, by counter-claim, that the franchise rights of a state-franchised water company had terminated when the original stated corporate existence of ninety-nine years expired. The Hamilton County Chancery Court found that the water company's franchise was separate from the incorporation, that perpetuity of the franchise is the appropriate interpretation when there exists no limiting language in the franchise grant itself, and that the water company had not trespassed by continuing to operate in Chattanooga past the expiration of the original ninety-nine year grant of corporate existence. The judgment of the Chancellor is affirmed.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Chancellor Howell N. Peoples |
Hamilton County | Court of Appeals | 08/02/00 | |
| Howell vs. Howell
M1999-00753-COA-R3-CV
In this post-divorce case, Talisa Gayle Kelly, formerly Howell, ("Wife") filed a petition seeking to increase child support and to enforce other provisions of the judgment of divorce. The trial court ordered Gary Morris Howell ("Husband") to pay Wife the balance due her for her interest in the former marital residence. It further found Husband in contempt for failing to maintain a life insurance policy for the benefit of the parties' minor child and ordered him to pay Wife an amount approximating what he would have paid in insurance premiums had he maintained the policy as required by the divorce judgment. Wife was also awarded half of her attorney's fees. We reverse the trial court's award of the unpaid premiums; in all other respects, the judgment of the trial court is affirmed.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John A. Turnbull |
Maury County | Court of Appeals | 07/31/00 | |
| Taylor vs. Campbell
M2000-00217-COA-R3-CV
Daniel B. Taylor filed a petition for declaratory judgment against the Commissioner and several other employees of the Tennessee Department of Correction, alleging that he is entitled to various sentence reduction credits and that his sentence is void and illegal. The trial court dismissed Taylor's petition. We vacate the judgment of the trial court and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/31/00 | |
| Freethy vs. Maconi
M2000-00107-COA-R9-CV
This Rule 9 interlocutory appeal consists of the singular issue of whether Steven Maconi has sufficient minimum contacts with the state of Tennessee for it to exercise personal jurisdiction over him, thus requiring him to defend a paternity action brought in Tennessee. The Trial Court held that Mr. Maconi had sufficient minimum contacts with the state of Tennessee, and thus, it could exercise personal jurisdiction over him. We reverse the finding of the Trial Court and hold that Mr. Maconi does not have sufficient minimum contacts with the state of Tennessee for it to exercise personal jurisdiction over him.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:L. Raymond Grimes |
Montgomery County | Court of Appeals | 07/31/00 | |
| Lineberry vs. Locke
M1999-02169-COA-R3-CV
A citizen whose private photographs and video tapes were seized in the execution of a search warrant sued the sheriff and a deputy for invasion of privacy and outrageous conduct. The trial judge directed a verdict for the defendants at the close of the plaintiff's proof. Because we agree that the plaintiff did not prove either cause of action, we affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Jim T. Hamilton |
Wilson County | Court of Appeals | 07/31/00 | |
| Wilson vs. Wilson
M1999-02045-COA-R3-CV
This is an appeal from the trial court's refusal to modify Mr. Wilson's child support obligation after he was terminated from his place of employment. We reverse the trial court's judgment.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 07/31/00 | |
| Larry Parish vs. Robert Marquis
W1999-02629-COA-R3-CV
Plaintiffs Larry E. Parrish and Larry E. Parrish, P.C. (collectively, "Parrish"), appeal the trial court's final summary judgment that dismissed Parrish's claim for malicious prosecution against Defendants Robert S. Marquis, McCampbell & Young, P.C., Ronald C. Koksal, and Butler, Vines & Babb, PLLC. The Defendants also have raised an issue on appeal, contending that the trial court erred in denying their motions to dismiss for improper venue. We conclude that the Shelby County Circuit Court was not the proper venue for Parrish's malicious prosecution claim. Accordingly, we affirm the trial court's dismissal of Parrish's malicious prosecution claim on the alternative ground of improper venue.
Authoring Judge: Judge David R. Farmer
Originating Judge:James E. Swearengen |
Shelby County | Court of Appeals | 07/31/00 | |
| Teresa Miles vs. Earl Pace
W1999-00407-COA-R3-CV
Four tenants in common, each owning a one-eighth interest in the property, filed suit for sale for partition against the other tenant in common, owning a one-half interest. After a non-jury trial, the court found that the property was so situated that it could not be partitioned and also found that it would be manifestly for the advantage of the parties that the property be sold rather than partitioned. The tenant in common owning one-half interest has appealed. We affirm, because the evidence does not preponderate against the findings of the chancellor.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 07/31/00 | |
| Green vs. Innovative Recovery Services, Inc.
M1999-02227-COA-R3-CV
The attorney for a woman who had been injured in an auto accident claimed that his services entitled him to a portion of the subrogation interest asserted by TennCare against the settlement proceeds. The trial court dismissed his claim. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/28/00 | |
| Glenda Tate vs. Baptist Memorial
W1999-00553-COA-R3-CV
Hospital employee was accused of negotiating payroll checks of other employees and was discharged. Employee filed defamation suit, and trial court granted summary judgment because the pleadings and affidavits established that there was no publication of the alleged defamatory words since all communication thereof was to hospital employees.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 07/28/00 | |
| Phelps vs. TDOC
M1999-02109-COA-R3-CV
Petitioner/Appellant, a state prisoner, filed his petition for common law certiorari asserting that he was being unconstitutionally and illegally incarcerated by the state and had not been given proper credits under various sentence reduction credit statutes and policies. The trial court granted summary judgment and Petitioner appealed. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/28/00 | |
| Glenda Tate vs. Baptist Memorial
W1999-00553-COA-R3-CV
Hospital employee was accused of negotiating payroll checks of other employees and was discharged. Employee filed defamation suit, and trial court granted summary judgment because the pleadings and affidavits established that there was no publication of the alleged defamatory words since all communication thereof was to hospital employees.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 07/28/00 | |
| Barbara Madison, etc. vs Marie Love, et al
E2000-01692-COA-RM-CV
Upon remand from the Supreme Court and upon further consideration, we reverse ourselves and conclude that the trial court erred in granting the defendants summary judgment on the plaintiff's claim of negligent failure to render aid to another in peril. Accordingly, we vacate the trial court's judgment and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:G. Richard Johnson |
Washington County | Court of Appeals | 07/28/00 | |
| Rodgers vs. TDOC
M1999-02585-COA-R3-CV
In this Declaratory Judgment plaintiff sought statutory credits on his prison sentences. The Trial court granted the State summary judgment. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/28/00 | |
| Abbott vs. Gateway
M1999-00653-COA-R3-CV
The General Sessions Court of Davidson County awarded a judgment against the defendant below, Nationwide Insurance Company, in a case involving a car accident. Nationwide filed an appeal to the Davidson County Circuit court but failed to secure a trial date within 45 days as required by Davidson County Local Rule of Practice 20(b) (1999). The circuit court dismissed the case due to Nationwide's failure, and Nationwide filed a Tennessee Rule of Civil Procedure 60.02 motion to set aside the circuit court dismissal due to its attorney's excusable neglect. When the circuit court denied Rule 60.02 relief Nationwide appealed to this court. On appeal, we reverse the decision of the circuit court finding that it should have granted Nationwide's request for Rule 60.02 relief and set aside the dismissal of Nationwide's circuit court appeal.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 07/28/00 | |
| Mona Koja vs. Abed Koja
W1999-00993-COA-R3-CV
Wife was granted a divorce and received a division of marital property and alimony in futuro. The trial court denied Wife attorney fees and expenses. Wife has appeal. The trial court's order denying an award of attorney fees and expenses is reversed. The case is remanded for entry of an order awarding one-half of the attorney fees and expenses.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 07/28/00 | |
| TN Farmers vs. Roger Hostetler, et al
W1999-00368-COA-R3-CV
This appeal arises from a declaratory judgment action filed in the Lauderdale County Circuit Court by Tennessee Farmers Mutual Insurance Company. The complaint sought a declaration that Tennessee Farmers was not obligated to defend or indemnify its insureds against a wrongful death lawsuit filed by James Drake, executor of the estate of Mattie Lee Drake. After both sides filed motions for summary judgment, the trial court ruled that coverage did not exist under the Personal Liability Insurance Policy and entered summary judgment in favor of Tennessee Farmers Mutual Insurance Company.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Appeals | 07/28/00 | |
| Witt vs. Witt
M1999-02234-COA-R3-CV
This is an appeal of the trial court's division of marital property in a divorce proceeding. Finding no error in the trial court's judgment, we affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 07/28/00 | |
| Clark vs. Crow
M1999-00916-COA-R9-CV
We grant this interlocutory appeal to consider a question of first impression regarding whether there is a right to jury trial prior to the issuance of an order of protection pursuant to Tennessee Code Annotated section 36-3-605, (hereinafter "order of protection"). Specifically, we are asked to determine whether a party against whom an order of protection is sought is entitled to a jury trial as a matter of right before this order is issued. After reviewing Tennessee's constitutional and statutory guarantees to a jury trial, we have determined that there is no right to a jury trial prior to the issuance of an order of protection. The circuit court's decision is affirmed and remanded for further proceedings.
Authoring Judge: Judge William B. Cain
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 07/28/00 | |
| In re: Adoption of a male child, Derrick Douglas Duncan
M1999-01713-COA-R3-CV
This appeal involves a petition by prospective adoptive parents for termination of parental rights, temporary guardianship, and for adoption of the minor child of the defendant father. In a non-jury trial, at the conclusion of petitioner's proof, the trial court found that they had failed to prove by clear and convincing evidence that the defendant father had abandoned the child and dismissed the petition. The prospective adoptive parents have appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:C. K. Smith |
Smith County | Court of Appeals | 07/28/00 | |
| Tuttle vs. Tuttle
M1999-01578-COA-R3-CV
In a previous appeal, this divorce case was remanded to the trial court for a determination of whether the parties had any marital property and, if so, for the trial court to make an equitable division thereof. From the trial court's final decree in compliance with the order of remand, defendant appeals.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:L. Craig Johnson |
Coffee County | Court of Appeals | 07/28/00 | |
| Blankinship vs. TDOC
M1999-02381-COA-R3-CV
A prisoner filed a petition to compel the Department of Correction to establish a mandatory parole date for his benefit. The trial court dismissed the petition for failure to state a claim upon which relief can be granted. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/28/00 |