Keith Hardware, Inc. v. Douglas L. White and Carolyn L. White - Concurring
03A01-9610-CH-00339
The issue on this interlocutory appeal granted pursuant to T. R. A. P. Rule 9, is whether the lease between the parties is too broad to be enforceable, as was held by the Trial Court.
Authoring Judge: Judge Herschel P. Franks
Originating Judge:Chancellor Lewis W. May |
Washington County | Court of Appeals | 06/06/97 | |
Crystal M. Trueitt v. Alan A. McCurry and Carmen Y. Silvels, v. Alan A. McCurry
03A01-9612-CV-00399
Crystal M. Trueitt and Carmen Y. Silvels, individually and as mother and next friend of Christopher M. Silvels, a minor,2 appeal jugements rendered in heir favor in the Circuit Court for Hamilton County in the amount of $1,033.36, $1,004.60, and $98.50, respectively.
Authoring Judge: Presiding Judge Houston P. Goddard
Originating Judge:Judge Samuel H. Payne |
Hamilton County | Court of Appeals | 06/06/97 | |
Corbin Dale Meador, v. Linda J. Meador
03A01-9612-CV-00405
The controversy presently on appeal attacks a judgment entered in a post-divorce petition for contempt, wherein Linda J. Meador seeks to recover property she contends was awarded he i the divorce decree and to find her fomer husband, Corbin Dale Meador in contempt of court for refusing to deliver the property to her.
Authoring Judge: Judge Robert M. Summitt
Originating Judge:Presiding Judge Houston P. Goddard |
Hamilton County | Court of Appeals | 06/06/97 | |
Casey Lynn Burgess, v. Brenda Lea (Burgess) Welch
03A01-9703-PB-00077
By this appeal Casey Lynn Burgess insists that the Trial Court was in error in dismissing his petition for change of custody of his two children, custody of whom by the divorce decree was awarded to Ms. Welch.
Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge John A. Bean |
Cumberland County | Court of Appeals | 06/06/97 | |
Gladstone Ralph Hobbs v. Mollie Jane Hobbs - Concurring
03A01-9702-CV-00063
This is a divorce action. The defendant (wife) assertson this appeal, among other things, that the trial court abused its discretion in denying a continuance of the trial. The record reflects that there was a great deal of confusion as to the way and manner the case was set for trial because of the resignation of the former Circuit Judge. The wife's counsel claims to have had no notice of the trial date until the day the case was set for trial. On that date, he applied to the court for a continuance. The court continued the case until the following morning at 7:00 a.m. Prior to the trial, the court allowed the wife's attorney to make a motion for a continuance on the record, with a written motion, to be filed as exhibit No.1. Counsel's affidavit supporting the motion for a continuance was allowed to be filed as exhibit 2.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Chester Mahood |
Greene County | Court of Appeals | 06/06/97 | |
Brian Grant vs. Tonya Grant
02A01-9603-CV-00053
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Court of Appeals | 06/05/97 | ||
Deborah Hendrix, v. First Tennessee National Corporation, D/B/A First Tennessee Bank
03A01-9701-CV-00032
This action for damages for defamation and outrageous conduct was dismissed on motion for summary judgment. The plaintiff presents the propriety of the dismissal for appellate review, which is de novo on the record with no presumption of correctness. Johnson v. EMPE, Inc., 837 S.W.2d 62, 68 (Tenn. App. 1992).
Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge G. Richard Johnson |
Court of Appeals | 06/05/97 | ||
Richard Gause D/B/A Roofworks of Tennessee, v. Anice Cole, D/B/A Riverside Shop and Jerry Ogle
03A01-9707-CH-00001
This case originated as an action to enforce a lien for work and materials pursuant to T. C. A. § 66- 11- 126. The plaintiff alleged that he had furnished equipment, labor, and materials which were used for improvements on the property which the defendant, Cole occupied as lessee and the defendant, Ogle, was an owner. The defendant, Ogle, filed an answer, generally stated that he owned an interest in the subject property, but was without sufficient knowledge or information to form a belief as to the truth of the allegations set forth in the complaint.
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Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor Chester R. Rainwater, Jr. |
Sevier County | Court of Appeals | 06/05/97 | |
Jorge Ariel Sanjines, M.D., v. Ortwein and Associates, P.C., William H. Ortwein, J. Cris Helton, and John R. Morgan
3A01-9702-CV-00060
Plaintiff, incarcerated in prison, brought this action against this attorney for alleged malpractice in representing him in the charges brought against him for criminal conduct.
Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge Douglas A. Meyer |
Hamilton County | Court of Appeals | 06/05/97 | |
W. Dale Gordon v. Robbyn Gordon - Concurring
03A01- 9702- CV- 00054
This is a divorce case that comes to us in an unusual posture. The Husband filed his original complaint on April 3, 1996. No answer was filed by the Wife. A marital dissolution agreement was filed on June 12, 1996. The marital dissolution agreement provided for the division of the parties' property and further contained the following provision: The parties agree that they are equally responsible for the breakdown of the marriage and respectfully request the court to declare them divorced rather than awarding a divorce to either party alone.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Conrad Troutman, Jr. |
Scott County | Court of Appeals | 06/05/97 | |
Mabel Donnelly v. Robert E. Walter M. D. and Hermitage Nursing Center - Concurring
03A01-9610-CV-00323
Plaintiff Mabel Donnelly (Donnelly) appealed the trial court’s denial of her motion to reconsider a grant of summary judgment to the defendants Dr. Robert E. Walter (Dr. Walter) and Hermitage Nursing Home (Hermitage). She presents for our review the question of whether the denial of her motion to reconsider was an abuse of the trial court’s discretion. For their part, the defendants contend that Donnelly’s appeal should be dismissed because of her failure to serve a copy of the notice of appeal on the clerk of this court. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Chancellor G. Richard Johnson |
Carter County | Court of Appeals | 06/05/97 | |
Terri G. Bowers, v. Frederick Allan Bowers
03A01-9701-CV-00008
In this custody dispute, the Trial Judge granted custody of the parties' child to the father, and the mother has appealed.
Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge Bill Swann |
Knox County | Court of Appeals | 06/04/97 | |
Edward J. Eyring, M.D., v. Fort Sanders Parkwest Medical Center, Inc., and Fort Sanders Alliance, Inc.
03A01-9607-CV-00240
We are primarily called upon in this appeal to decide whether the Tennessee Peer Review Law of 1967 ( T. C. A. § 63-6-219) ( t he La w), grants immunity to hospitals for actions taken against physicians. 1. Parkwest Hospital was purchased by Fort Sanders Alliance in 1990 and became known as Fort Sanders Parkwest Medical Center. We hereafter refer to the hospital as "Parkwest". 2. upon recommendations of peer review boards or committees. For reasons hereinafter stated, we believe that the law was intended to, and does, grant hospitals such immunity. We affimr the judgment of the trial court.
Authoring Judge: Per Curiam
Originating Judge:Judge Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 06/04/97 | |
Christopher Brian Minnich, v. Nancy Graves Roberson
03A01-9612-CV-00384
This is an appeal from the judgment of the trial court granting joint custody of the parties' minor children to the parties, with the husband having primary residential custody. For reasons hereinafter stated, we affirm the judgment of the trial court.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Bill Swann |
Court of Appeals | 06/04/97 | ||
In Re: Estate of Carl Parrott; Wanda P. Patterson v. Jerry K Galyon - Concurring
03A01-9612-CH-00386
This is a declaratory action wherein the parties seek to have a portion of the will of Carl Parrot t, deceased, construed by the court. Carl Parrott died testate on February 20, 1990. His Last Will and Testament was executed on January 3, 1983, and named his attorney, Jerry K. Galyon, and his daughter, Wanda Parrott Patterson, co- executors.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor Chester S. Rainwater, Jr. |
Sevier County | Court of Appeals | 06/04/97 | |
Iva Dell Brown McAlexander v. Kenneth Jackson McAlexander
02A01-9611-CH-00289
Following the trial court’s order granting the parties an absolute divorce, distributing the parties’ property, awarding custody of the parties’ four minor children to Iva Dell Brown McAlexander (the Mother), and ordering Kenneth Jackson McAlexander (the Father) to pay child support to the Mother pursuant to the Child Support Guidelines, Father appealed. The sole issue presented by the Father is whether the trial court erred in granting custody of the parties’ four children to the Mother. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor Joe C. Morris |
Madison County | Court of Appeals | 06/02/97 | |
Jerry Williams v. Memphis Housing Authority and Mable Monday v. Memphis Housing Authority
02A01-9608-CV-00190
Defendant Memphis Housing Authority(MHA) appeals several orders entered by the trial court in favor of two of MHA’s former employees, Plaintiffs/Appellees Jerry D. Williams and Mable Monday (collectively, the Employees). In separate actions filed below, the Employees sued MHA for breach of employment contract. In both cases, the trial court entered orders granting the Employees’ motions for summary judgment based on the court’s conclusion that MHA’s Manual of Operations constituted part of the employment contract between the parties and, further, that MHA breached this contract by terminating the Employees without just cause. Amending the pleadings to conform to the proof in the records, the trial court’s foregoing orders also granted summary judgment to the Employees on their claims that, in terminating the Employees, MHA violated their rights to substantive and procedural due process.1 After conducting a subsequent hearing on the issue of remedies, the trial court entered final orders granting the Employees back pay and reinstatement to their former positions with MHA.2 Upon MHA’s motion, this court consolidated MHA’s appeals of the trial court’s judgments in favor of Williams and Monday because the appeals involve common questions of law and fact.3
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Wyeth Chandler |
Shelby County | Court of Appeals | 06/02/97 | |
Evelyn Campbell, a/k.a Elvin Campbell, Erma Dorton and Edria Humphrey, vs. Union Planters Bank , Formerly Commerce Federal Savings Bank
E1999-01910-COA-R3-CV
In this action to recover on two certificates of deposit against the bank, the Trial Judge directed a verdict in favor of the plaintiffs after sustaining an objection to the bank's attempt to offer its business records in evidence. The bank has appealed, and we reverse and remand for a new trial.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Kindall T. Lawson |
Hamblen County | Court of Appeals | 05/31/97 | |
Estate of Jane & John Doe vs. Vanderbilt Univ., et. al.
01A01-9609-CV-00429
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 05/30/97 | |
Gilley vs. Culpepper
01A01-9611-CH-00521
Originating Judge:William C. Koch |
Court of Appeals | 05/30/97 | ||
Gilley vs. Culpepper
01A01-9611-CH-00521
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 05/30/97 | |
Moore vs. Tate
03A01-9611-CV-00350
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Anderson County | Court of Appeals | 05/29/97 | |
Nationsbank vs. JDRC
03A01-9607-CH-00226
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Knox County | Court of Appeals | 05/29/97 | |
X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 05/28/97 | ||
International Collection Services vs. Bailey
01A01-9702-CH-00072
Originating Judge:Claudia C. Bonnyman |
Davidson County | Court of Appeals | 05/28/97 |