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| 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 | |
| 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 | |
| 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 | |
| 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 | |
| Joseph Patton vs. Michael Kruszewski
W1998-00133-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 04/14/00 | |
| Lisa Ann Vaccarella vs. Raymond M. Vaccarella
M1999-01937-COA-R3-CV
The unusual procedural history of this case presents for review the validity of the parties' marital dissolution agreement ("MDA") and the subsequent divorce decree entered by Judge Henry Denmark Bell incorporating this MDA, as well as the court's decision regarding child custody, support, and visitation. After Wife filed Rule 59 and 60.02 motions for relief from her MDA, the second trial judge, Russ Heldman, determined that Tennessee Code Annotated section 36-4-103(b) requires a hearing prior to incorporating the signed marital dissolution agreement into a decree granting the parties an irreconcilable differences divorce. Judge Heldman further found the MDA to be invalid due to duress and violations of Wife's due process rights and vacated Judge Bell's decree granting the parties' divorce. We overrule the trial court on these issues and find the MDA signed by the parties, as well as the January 31, 1998 decree of Judge Bell granting final divorce, to be valid. We thus reinstate both the MDA and original decree. With regard to the issues of custody, visitation, and child support, we find substantial change in circumstances and affirm Judge Heldman's determinations on these issues.
Authoring Judge: Judge William B. Cain
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 04/13/00 | |
| Jeffery Tolbert vs. Dept. of Correction
M1999-02387-COA-R3-CV
This appeal arises from an action challenging the calculation of sentence reduction credits for an inmate in the custody of the Department of Corrections. After the inmate filed a petition claiming that he had been denied such credits, Department filed motion for summary judgment supported by an affidavit stating that Inmate's sentence had been properly calculated. Inmate failed to respond in a manner as required by Rule 56.06 Tenn. R. Civ. P. to establish that any genuine issues of material fact existed. As a result, trial court granted summary judgment motion. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen H. Lyle |
Davidson County | Court of Appeals | 04/13/00 | |
| Clark vs. Farrell
M1999-01945-COA-R3-CV
This is an appeal by the defendant from an action of the trial court in assessing discretionary costs against the defendant. The trial court entered an order of dismissal with prejudice on finding that "the parties have settled all matters in controversy . . ." which order was approved for entry by counsel for both parties. The plaintiff filed a motion for discretionary costs pursuant to Tenn. R. Civ. P. 54.04(2). The trial court then granted discretionary costs to the plaintiff in the amount of $2,185.75. We reverse.
Authoring Judge: Judge William B. Cain
Originating Judge:Robert L. Holloway |
Maury County | Court of Appeals | 04/13/00 | |
| Old Republic Surety Co. v. Morris Eshaghpour
M1999-01918-COA-R3-CV
The defendant purchased a building permit bond from the plaintiff surety company and executed an indemnity agreement to hold the surety harmless against all loss, liability and expenses the company might sustain on the bond. A claim was made against the bond regarding a home built by the defendant. The surety company notified the defendant, investigated the claim, and eventually settled with the claimant. In this lawsuit to collect under the indemnity agreement, the trial court granted summary judgment to the surety. The defendant argues that summary judgment was inappropriate because the motion was not properly supported according to the Rules of Civil Procedure and, alternatively, the issue of whether the surety acted reasonably and in good faith in settling the claim precludes summary judgment. We disagree and affirm the summary judgment on the issue of liability, but remand for proof on total damages.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 04/13/00 |