| Michael King v. TFE, Inc.
01A01-9711-CV-00624
In this action filed against TFE, Inc. (hereafter “TFE”), Michael King appeals the trial court’s grant of summary judgment to TFE as related to King’s claims for breach of an alleged employment contract. The trial court granted TFE’s motion for summary judgment based on the court’s conclusion that an employee handbook distributed by TFE did not constitute an employment contract. For the reasons hereafter stated, we affirm the trial court’s grant of summary judgment.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge Jim T. Hamilton |
Maury County | Court of Appeals | 09/01/99 | |
| William H. Thompson, Jr., v. Department of Codes Administration, Metropolitan Government of Nashville and Davidson County
01A01-9808-CH-00438
This case involves the refusal of the Metropolitan Department of Codes Administration ("the Department") to issue building permits to the petitioner/appellant landowner. Planning to divide and sell his land, the petitioner made preparations to subdivide this land pursuant to the Department's advice on how to avoid regulation by the Metropolitan Planning Commission ("MPC"). However, due to a new interpretation of existing statutory law, the petitioner's preparations, once completed, were no longer adequate and the Department deemed that the land must undergo review before the MPC as a subdivision. Consequently, the zoning administrator of the Department denied the petitioner the building permits and the petitioner brought suit claiming first that the division of land was not a "subdivision" as that term is defined by statute. Furthermore, the petitioner contended that the zoning administrator's application of the newly-interpreted law to him violated his constitutional rights to equal protection and due process and effected against him the application of a retrospective law. In addition, the appellant claimed that the Department should be equitably estopped from refusing to issue the building permits. The trial court granted the Department's motion for involuntary dismissal of the petitioner's case. We affirm the decision of the trial court on all issues.
Authoring Judge: Judge William B. Cain
Originating Judge:Chancellor Carol L. McCoy |
Davidson County | Court of Appeals | 09/01/99 | |
| Terry David Mackie v. Sarah Catheine Mackie
01A01-9810-CV-00536
This case represents an appeal from the grant of divorce upon stipulation of grounds pursuant to Tennessee Code Annotated section 36-4-129. The parties to this action, Terry David Mackie ("Husband"), and Sarah Catherine Campbell Mackie ("Wife") were married on November 6, 1984. Husband filed a complaint in Williamson County Circuit Court on March 6, 1997, seeking divorce on the grounds of inappropriate marital conduct and irreconcilable differences. On March 20, 1997, Wife answered and counterclaimed. In her answer, Wife admitted the ground of irreconcilable differences and alleged inappropriate marital conduct on the part of the Husband. Over the next 14 months the parties participated in successive proceedings regarding pendente lite custody of their severely ill minor child. The case was originally set for trial on June 3, 1997. Both parties agreed to continue the case; each sought a scheduling order for the sequence of discovery. The parties were ordered to attend mediation on February 23, 1998. On May 18, 1998, Husband moved to change pendente lite custody and to compel discovery. This motion was to be heard on June 3, 1998. At the June 3, hearing, in an admittedly unorthodox proceeding, the parties stipulated under oath that each had grounds for divorce. At this point in the hearing, both parties were sent into an antechamber to provide for the division of the marital estate and custody of the child. These negotiations are documented in handwritten notes, signed by the parties and their counsel, and appearing in the record.
Authoring Judge: Judge William B. Cain
Originating Judge:Judge Bobby H. Capers |
Wilson County | Court of Appeals | 09/01/99 | |
| Southwest Progressive Ent., Inc. v. Shri-Hari Hospitality, LLC and Trans Financial Bank of Tennessee - Concurring
01-A-01-9810-CH-00542
A construction company sued a hotelkeeper for payment of the balance due on their contract. The trial court ordered the hotelkeeper to pay the balance, as well as pre-judgment interest and attorney fees. We affirm the award of pre-judgment interest, but we reverse the award of attorney fees. We also reverse a $500 offset the trial court granted to the defendant for the plaintiff’s alleged failure to complete a punch list.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Robert E. Corlew, III |
Rutherford County | Court of Appeals | 09/01/99 | |
| Dorothy and Roger Smith v. Maury County - Concurring
01-A-01-9804-CH-00207
The plaintiffs, a mother and her son owning adjoining farms on a rural road in Maury County, sued the county for a nuisance created when the county improved the road. The county argued that the exclusive remedy was for inverse condemnation, and that the one year statute of limitations barred the action. On appeal the county asserts, in addition to its original defense, that the damages awarded were beyond the range of reasonableness. We reverse the judgment below and remand for a new trial.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge William B. Cain |
Maury County | Court of Appeals | 09/01/99 | |
| Michael Keith Newcomb and wife Caroline Newcomb, Darden E. Davis and wife, Ann J. Davis, v, William Gonser, and wife Lois Gonser and Christopher Gonser, and wife Lisa Gonser, and Shirley Zeitlin & Company
01A01-9705-CH-00220
This is an appeal by plaintiffs/appellants, Michael and Caroline Newcomb and Darden and Ann Davis, from the decision of the Davidson County Chancery Court granting the motion for summary judgment filed by defendants/appellees William and Lois Gonser. The facts out of which this matter arose are as follows
Authoring Judge: Judge Walter W. Bussart
Originating Judge:Chancellor Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 09/01/99 | |
| Tire Shredders vs. ERM
02A01-9803-CV-00058
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 08/30/99 | |
| Edwin Elam vs. Martha Elam
02A01-9812-CH-00362
Originating Judge:Dewey C. Whitenton |
McNairy County | Court of Appeals | 08/30/99 | |
| 02A01-9908-CH-00237
02A01-9908-CH-00237
|
Court of Appeals | 08/30/99 | ||
| Curtis vs. Curtis
01A01-9810-CV-00566
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 08/27/99 | |
| James Cozart vs. Lynn Cozart
02A01-9810-CV-00285
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 08/27/99 | |
| Lee Simmons vs. City of Lexington
02A01-9810-CH-00282
Originating Judge:Joe C. Morris |
Henderson County | Court of Appeals | 08/27/99 | |
| Wilson vs. Dept. of Corrections
01A01-9806-CH-00302
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Davidson County | Court of Appeals | 08/27/99 | |
| Doe vs. HCA Health Services of TN
01A01-9806-CV-00306
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 08/27/99 | |
| Gipson vs. Taylor
01A01-9811-CH-00611
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Wilson County | Court of Appeals | 08/27/99 | |
| Kesterson vs. Dept. of Safety
01A01-9805-CH-00256
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Davidson County | Court of Appeals | 08/27/99 | |
| Victoria Robbins vs. Bill Wolfenbarger, D/B/A Wolf's Motors and Sam Horne
E1999-02012-COA-R3-CV
Plaintiff Robbins filed a complaint for damages against Wolfenbarger and Horne, alleging breach of contract, intentional misrepresentation and negligence, per se. On August 26, 1999, an Order of Compromise and Dismissal was entered as to Wolfenbarger individually and d/b/a Wolf Motors. Horne did not file an answer during the time allowed by the Rules of Civil Procedure, and Robbins filed a motion for default judgment on July 9, 1999. Horne wrote a letter to the plaintiff's attorney in response to the complaint and summons, postmarked July 16, 1999. The letter was forwarded to the Clerk of the Court for filing by plaintiff's counsel's letter dated July 30, 1999. On August 27, Robbins' Motion for Default Judgment was heard, but Horne who had notice did not attend. A default judgment was entered against Horne and the Trial Court subsequently overruled Horne's Motion to Set Aside the Default. Horne has appealed. We affirm the judgment of the Trial Court.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 08/26/99 | |
| Robert Odom v. Mary Odom
M1999-02811-COA-R3-CV
This appeal involves a bitter custody dispute over three children between the ages of nine and fourteen. During the divorce proceeding in the Chancery Court for Dickson County, the parties agreed that the mother would have custody of the children and also agreed on visitation arrangements that accommodated the mother's planned move to another state. Several months after the entry of the divorce decree, the father petitioned to change custody and to hold the mother in contempt for interfering with his relationship with the children. During the ensuing three years, the parties traded allegations of sexual and physical abuse of the children and other misconduct. Following a bench trial in December 1998, the trial court found that there had been a material change in the children's circumstances and granted the father custody of the children. On this appeal, the mother asserts that she was denied due process by the trial court's refusal to require the parties and their children to undergo a psychological examination and that the trial court unlawfully delegated its judicial authority to a psychologist who had been counseling the children. We have determined that the mother received an essentially fair hearing on this custody dispute and, therefore, affirm the trial court.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Allen W. Wallace |
Dickson County | Court of Appeals | 08/25/99 | |
| William Terry Wyatt vs. Billie Carey
03A01-9809-CV-00307
|
Cumberland County | Court of Appeals | 08/25/99 | |
| John Seals vs. James Bowlen, Warden, et al
M1999-00997-COA-R3-CV
Petitioner, a state inmate, filed the underlying pro se petition for a writ of certiorari to challenge the result of a disciplinary proceeding against him. The trial court dismissed the suit for failure to state a claim. We reverse the dismissal of all parties except the Department of Correction and affirm the dismissal for failure to state a claim.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 08/25/99 | |
| Nationsbank, N.A. vs. FormPak, Inc. & Ron Campbell
03A01-9808-CH-00279
|
Court of Appeals | 08/25/99 | ||
| Gregory B. Hinton vs. City of Chattanooga
03A01-9901-CV-00013
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Hamilton County | Court of Appeals | 08/25/99 | |
| Nationsbank, N.A. vs. FormPak, Inc. & Ron Campbell
03A01-9808-CH-00279
|
Court of Appeals | 08/25/99 | ||
| Begley Lumber Company, Inc. vs. Wendell Trammell
03A01-9902-CH-00047
|
Court of Appeals | 08/25/99 | ||
| Saul T. Mallen (Sports-Wear Mills, Inc.) vs. PI, Inc.
03A01-9811-CH-00364
|
Court of Appeals | 08/25/99 |