Yvette Porter Caira v. Ronald Stephen Caira
01A01-9709-CH-00508
This case is before us on appeal from the trial court’s decree of divorce and grant of child custody and support to the Appellee, Ronald Steven Caira. In bringing this appeal, Appellant raises two issues for consideration. 1. Whether the trial court erred in failing to award primary custody of the minor children of this marriage with Defendant/Appellee. 2. Whether the trial court made an equitable property distribution of the debts, assets and retirement proceeds of this marriage.
Authoring Judge: Judge William B. Cain
Originating Judge:Chancellor Carol A. Catalano |
Montgomery County | Court of Appeals | 08/05/98 | |
Linda Janiece Wright-Miller v. Harvey Granville Miller - Concurring/Dissenting
02A01-9708-CV-00196
This is a divorce case. The parties, Granville Harvey Miller1 (Husband) and Linda Janiece Wright-Miller (Wife), were married for approximately 5 years before a final decree of divorce was entered in August 1997.2 During the marriage, the parties resided at a home located at 2166 Aztec Drive. On appeal, Husband challenges the correctness of the trial court’s classification of this property as marital as well as its determination that the asset is unencumbered. Husband contends that the true owner of the property is Heartland Investments, Inc. (Heartland), a corporation that he founded prior to the parties’ marriage and of which he is president and sole shareholder or, alternatively, that the parties own the property encumbered by a mortgage executed in favor of the corporation. Wife has also raised an issue with respect to the trial court’s finding that there was no increase in value of Heartland stock during the marriage. After review of the record, we affirm in part and reverse in part. We set forth our reasons below.
Authoring Judge: Judge Farmer
Originating Judge:Chancellor Joe C. Morris |
Dyer County | Court of Appeals | 08/05/98 | |
John Anderson Kinard v. Linda Kinard
01A01-9606-CH-00265
This appeal involves a divorce ending a long-term marriage. The husband filed suit to divorce his wife of thirty years in the Chancery Court for Rutherford County, and the wife counterclaimed for a divorce from bed and board. The trial judge, sitting without a jury, declared the parties divorced, divided the marital property, and awarded the wife rehabilitative alimony for three years. The wife takes issue on this appeal with the decision to declare the parties divorced, the division of marital property, and the failure to award her long-term spousal support and attorney’s fees. She also insists that the trial judge should have recused himself because of his prior professional association with the husband’s lawyer. We conclude that the trial judge was not disqualified from hearing this case. While we also find that declaring the parties divorced was proper, we have determined that the division of marital property and the spousal support award should be modified but that the wife should not receive an additional award for her legal expenses.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Chancellor Robert E. Corlew, III |
Rutherford County | Court of Appeals | 08/05/98 | |
Marvin E. Alexander, D/B/A Alexander Auctions & Real Estate Sales, v. John Hopkins and Rhonda Hopkins, Individually and D/B/A Richland Creek Sod Farm
01A01-9710-CH-00590
A licensed auctioneer and real estate broker filed suit against the defendant landowners for breach of an auction contract, because the defendants sold their land prior to the scheduled auction without his participation. The trial court held that the auctioneer was entitled to the anticipated commission amount. We affirm the trial court’s holding that the property owners are liable, but we modify the amount of damages.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Jim T. Hamilton |
Giles County | Court of Appeals | 08/05/98 | |
Linda Janiece Wright-Miller v. Harvey Granville Miller - Concurring/Dissenting
02A01-9708-CV-00196
I concur in the majority opinion insofar as it affirms the judgment of the trial court. However, I must respectfully dissent from the majority opinion, which reverses the trial court’s decision concerning the division of the increase in value of the Heartland stock.
Authoring Judge: Presiding Judge W. Frank Crawford
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Dyer County | Court of Appeals | 08/05/98 | |
Daniel Scott Bradley, et ux. LInda Bradley, v. Geneva Lynn McCord McLeod, et vir Rodrick McLeod
01A01-9702-CH-00062
This case involves a dispute between two neighbors in the Fairview community of Williamson County concerning the use of a gravel driveway. Three years after purchasing a tract of land on which portions of the driveway were located, the property owners filed suit in the Chancery Court for Williamson County to quiet title to the portions of the driveway they believed to be on their property. Their neighbors responded that the driveway was their only access to a pubic road and that they had acquired a right to use the driveway by adverse possession. After the trial court granted the plaintiffs’ uncontested motion for summary judgment, the defendants filed a Tenn. R. Civ. P. 59.04 motion asserting that they had an “easement of presumption” to use the driveway. The trial court denied the post-judgment motion on the ground that the new defense had not been timely raised. On this appeal, the losing property owners take issue with the trial court’s decision to grant the summary judgment and to deny their post-judgment motion. We affirm the summary judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Cornelia A. Clark |
Williamson County | Court of Appeals | 08/05/98 | |
Heather Alicia Roach Thomson v. Patrick James Thomson - Concurring
03A01-9705-CH-00165
This is an appeal from a post-divorce proceeding wherein the appellant sought a change in custody of the parties minor child on the grounds that there had been a material change of circumstances justifying such a change. The trial court dismissed the complaint and this appeal resulted. We affirm the judgment of the trial court.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor Billy Joe White |
Union County | Court of Appeals | 08/04/98 | |
Jason Rains, Crystal L. Carney, and Kathy Carney v. Edwin Scott Sussdorff,III, a/k/a/ Ed Sussdorff, Vicky R. Sussdorff, E. Scott Sussdorff and Allstate Insurance Company - Concurring
03A01-9801-CV-00025
While riding as passengers in an automobile owned by defendant and driven by a close friend of defendant’s son, the intervening plaintiff was seriously injured in a one-car accident when the driver apparently fell asleep at the wheel. The passenger intervened in the driver’s petition and alleged that the vehicle had been driven with the express or implied permission of its owner and sought a declaratory judgment that his insurer was therefore liable for her injuries. The trial court found the driver did not have such permission and dismissed intervenor’s petition, and she appeals.
Authoring Judge: Judge William H. Inman
Originating Judge:Judge W. Neil Thomas, III |
Hamilton County | Court of Appeals | 08/04/98 | |
Ashe vs. Radiation Oncology Associates
01A01-9710-CV-00563
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 07/31/98 | |
The CIT Group/Sales Financing vs. Leslie Williams
02A01-9706-CH-00120
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 07/31/98 | |
Ashe vs. Radiation Oncology Associates
01A01-9710-CV-00563
Originating Judge:Henry F. Todd |
Court of Appeals | 07/31/98 | ||
Angela Hogan vs. Rex Reese and Sonya M. Reese
01A01-9801-CV-00023
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 07/31/98 | |
Allstate vs. Daniel
03A01-9710-CV-00466
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 07/31/98 | |
Pigeon vs. Maples
03A01-9802-CV-00048
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Court of Appeals | 07/31/98 | ||
Concrete Spaces, Inc., et al. vs. Henry Sender, et al.
01A01-9607-CH-00288
Originating Judge:Whitney Stegall |
Davidson County | Court of Appeals | 07/31/98 | |
Hartsville Hospital, Inc. vs. The National Bank & Trust Co.
01A01-9801-CH-00022
Originating Judge:C. K. Smith |
Trousdale County | Court of Appeals | 07/31/98 | |
Edward Traughber, et al. vs. Kelly A. Kress, et al.
01A01-9709-CV-00525
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 07/31/98 | |
Donald Davis vs. Sumner County Sheriff, J. D. Vandercook, et al.
01A01-9712-CV-00696
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 07/31/98 | |
Donald Zseltvay vs. Metropolitan Government
01A01-9710-CV-00587
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 07/31/98 | |
03A01-9708-CV-0365
03A01-9708-CV-0365
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 07/31/98 | |
Renaissance vs. Billbury
03A01-9710-CH-00462
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Court of Appeals | 07/31/98 | ||
United vs. Loudon
03A01-9710-CH-00477
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Loudon County | Court of Appeals | 07/30/98 | |
Clapp vs. Goldston
03A01-9707-CV-00288
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Court of Appeals | 07/30/98 | ||
Henry Andrews vs. Lubricon, et al
02A01-9708-CH-00202
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 07/30/98 | |
03A01-9710-CH-000474
03A01-9710-CH-000474
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Court of Appeals | 07/30/98 |