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| Pryor vs. Willoughby
M1999-00668-COA-R3-CV
Richard Dietz, II, Executor of the Estate of Barbara Dietz, et al vs. Charles A. Keith , et al
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:C. K. Smith |
Wilson County | Court of Appeals | 04/26/00 | |
| W1999-00023-C0A-R3-CV
W1999-00023-C0A-R3-CV
Originating Judge:J. Steven Stafford |
Dyer County | Court of Appeals | 04/25/00 | |
| W1999-00023-C0A-R3-CV
W1999-00023-C0A-R3-CV
Originating Judge:J. Steven Stafford |
Dyer County | Court of Appeals | 04/25/00 | |
| Sandra Metz vs. Monte Metz
W1999-00023-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:J. Steven Stafford |
Dyer County | Court of Appeals | 04/25/00 | |
| Sandra Metz vs. Monte Metz
W1999-00023-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:J. Steven Stafford |
Dyer County | Court of Appeals | 04/25/00 | |
| Walter Walsh vs. Ba Inc .
W1998-00396-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 04/24/00 | |
| Richard Dietz, II, Executor of the Estate of Barbara Dietz, et al vs. Charles A. Keith , et al
E1999-00927-COA-R3-CV
Lacey A. Maine vs. Wellmont Health System d/b/a Bristol Regional Medical Center , et al
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Richard E. Ladd |
Sullivan County | Court of Appeals | 04/24/00 | |
| Walter Walsh vs. Ba Inc .
W1998-00396-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 04/24/00 | |
| Lacey A. Maine v. Wellmont Health System D/B/A Bristol
E1999-00389-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John S. Mclellan, III |
Sullivan County | Court of Appeals | 04/24/00 | |
| Terry Traylor vs. North American Royalties, Inc. d/b/a Wheland Foundry
E1999-00709-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 04/24/00 | |
| Kenneth Morris vs. Christopher Norwood & Kevin Rigdon
E1999-01328-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John B. Hagler, Jr. |
Bradley County | Court of Appeals | 04/24/00 | |
| In Re: Adoption of M.J.S.
W1999-00197-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 04/20/00 | |
| In Re: Adoption of M.J.S.
W1999-00197-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 04/20/00 | |
| In Re: Adoption of M.J.S.
W1999-00197-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 04/20/00 | |
| Health Controls vs. Ronald Gifford
W1999-02598-COA-R3-CV
This is an insurance case. The defendant sustained injuries in an automobile accident while riding as a passenger in a car owned by his mother. The defendant's insurance policy did not cover expenses for injuries "when a person, other than the person for whom the claim is made, is considered responsible for the sickness or injury." Unaware of any third party responsible for the accident, the insurance company paid part of the defendant's medical bills. The defendant subsequently recovered from his mother's automobile insurance carrier. When the defendant's insurance company learned of the subsequent recovery, it filed suit seeking repayment of the amount it paid for the defendant's medical bills. The trial court granted summary judgment to the insurance company, finding that it was entitled to recovery based on the policy. The defendant appeals. We affirm, finding inter alia that a person need not be at fault in the automobile accident to be "considered responsible" under the policy.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:W. Michael Maloan |
Weakley County | Court of Appeals | 04/20/00 | |
| Cedric Franklin vs. Dept. of Correction
M2001-00279-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 04/20/00 | |
| Martha Langschmidt vs. Carl Langschmidt
W1999-00434-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Russell Lee Moore, Jr. |
Shelby County | Court of Appeals | 04/18/00 | |
| Ann Marie Rutherford Keck, vs. Richard Len Keck
E1999-00371-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jean A. Stanley |
Washington County | Court of Appeals | 04/18/00 | |
| B&G Construction vs. Polk, et al
M1999-00677-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 04/18/00 | |
| Michael Smith vs. Steve Futris vs. Richard Feltus
W1998-00181-COA-R3-CV
This is a contract dispute. The plaintiffs entered into a contract to buy the defendants' office condominium and equipment. The contract provided that the defendants would execute a note for the balance of the purchase price, payable in monthly installments over a twenty year term. The contract had no express provision on the right of prepayment. The promissory note expressly granted the plaintiffs the right of prepayment. Five years later, the plaintiffs attempted to prepay the note. The defendants refused the plaintiffs' offer, saying that the plaintiffs had no right of prepayment. The plaintiffs then ceased making any payments on the note. The plaintiffs later filed a lawsuit seeking, inter alia, a declaratory judgment that they had the right of prepayment. The defendants filed a counterclaim seeking reformation of the note and the deed of trust. The defendants also filed a third party claim for damages against the plaintiffs' attorney, who had prepared the closing documents, including the note. The defendants alleged that the attorney had breached his duty of due care to them by putting a right of prepayment in the note. The trial court found that the plaintiffs had the right to prepay and that the plaintiffs had made an effective tender of payment to the defendants. The trial court dismissed the defendants' third party claim against the attorney, finding that he had not represented the defendants and owed no duty of care to them. The defendants appeal. We affirm in part and reverse in part, finding, inter alia, that the promissory note gave the plaintiffs the right of prepayment, and also finding that the plaintiffs have not made an effective tender of payment.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 04/18/00 | |
| Ray vs. State
M1999-00237-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 04/18/00 | |
| Martha Langschmidt vs. Carl Langschmidt
W1999-00434-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Russell Lee Moore, Jr. |
Shelby County | Court of Appeals | 04/18/00 | |
| Cherry vs. Williams
M1997-00216-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 04/17/00 | |
| Lusk vs. Englett
M1999-00294-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Donald P. Harris |
Lewis County | Court of Appeals | 04/17/00 | |
| Stephen Comella vs. City of Memphis
W1999-00347-COA-R3-CV
This is a personal injury case involving the on-the-job injury of a police officer working for the City of Memphis. The city admitted liability. After a bench trial on the issue of damages, the trial court awarded the plaintiff a judgment of $25,000. The plaintiff appeals, arguing that the trial court erred by treating this as a worker's compensation case rather than a negligence case. Plaintiff also argues that the trial court erred by not granting his request for discretionary costs to pay for expert witness fees. We affirm, finding that the evidence supports the trial court's award and that there was no abuse of discretion in declining to order the city to pay the plaintiff's expert witness fees.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Kay Spalding Robilio |
Shelby County | Court of Appeals | 04/17/00 |