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| Ginger Vooys vs. Robert Turner, Jr.
M1999-00504-COA-R3-CV
The sole issue presented in this appeal is the propriety of the trial court's award to Wife of postjudgment interest on funds Husband deposited in the office of the clerk of the trial court prior to the appeal of the final order divorcing the parties. The funds represent the purchase price of the marital residence which had been awarded to Wife. Exercising an option to purchase the house, Husband deposited $185,000 with the court clerk and tendered it in open court. Then Husband appealed various portions of the final order, including the award of the house to Wife; he also moved to stay the execution and enforcement of that and other portions of the judgment without paying a bond on the ground that the funds he had already deposited should relieve him of the necessity of posting an additional bond. The motion also requested that the funds be placed in an interest bearing account. The stay of execution was granted, but the motion to deposit at interest was never ruled upon. After the trial court's judgment was affirmed on appeal, Wife filed a motion seeking interest on all money judgments rendered against Husband. The trial court found that Wife was entitled to postjudgment interest on the $185,000. Husband then commenced this appeal. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 02/14/01 | |
| J.W. Hargrove, et al vs. Larry Carlton, et al
M2000-00250-COA-R3-CV
After the defendant landowners placed gates across a roadway that ran through their land, some adjoining landowners filed suit to have the gates removed. The plaintiffs argued that the roadway was a public road, or in the alternative that they had acquired prescriptive rights to use it. The trial court ruled for the defendants. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 02/14/01 | |
| First Citizens Bank of Cleveland vs. Carol Cross
E2000-01325-COA-R3-CV
This is the second time that this case has been before us on appeal. The case originated as a suit on two promissory notes executed by the defendant in favor of the plaintiff and secured by deeds of trust on real property owned by the defendant. The defendant filed a pleading incorporating a counterclaim, and a third-party complaint against one of the plaintiff's employees, which pleading alleges that the plaintiff, through its employee, breached its undertaking to arrange for additional insurance coverage on the mortgaged property. On the first appeal, this Court held that the trial court erred in denying the defendant's request for a jury trial. On remand, the plaintiff and the third-party defendant moved for summary judgment on the ground that the parol evidence rule bars consideration of the defendant's claim that the plaintiff, through its employee, agreed to contact the agent for the insurance company and arrange for additional insurance on the mortgaged property. The trial court granted the movants summary judgment and, upon confirmation of a Master's report as to the amounts due under the notes, entered a judgment against the defendant. The defendant appeals. We affirm the trial court's grant of summary judgment to the plaintiff on the promissory notes; however, we vacate the grant of summary judgment as to the defendant's counterclaim and third-party complaint.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jerri S. Bryant |
Bradley County | Court of Appeals | 02/14/01 | |
| Linda Parnham vs. Wayne Parnham
M1998-00915-COA-R3-CV
This appeal involves the continuing obligation of a non-custodial parent to pay child support following a discharge in bankruptcy. The custodial spouse filed a petition in the Circuit Court for Davidson County seeking to enforce the modified child support provision in their marital dissolution agreement. The non-custodial parent responded that his discharge in bankruptcy relieved him of any further obligation to pay this support. Following a hearing, the trial court held that the non-custodial spouse's Chapter 7 bankruptcy did not discharge his child support obligation but denied the custodial spouse's requests for attorney's fees and for a wage assignment. Both parties have appealed. We have determined that the trial court properly concluded that the non-custodial spouse's child support obligation had not been discharged but that the trial court erred by declining to award the custodial spouse her attorney's fees and by refusing to grant her request for a wage assignment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 02/14/01 | |
| Linda Asher vs. Eugene Asher
E2000-00821-COA-R3-CV
In this appeal from the Claiborne County Chancery Court the Appellant, Linda Ward Asher, questions whether the Chancery Court erred in granting her an absolute divorce, in failing to award her alimony in futuro, and in failing to require that the Appellee, Eugene Asher, be required to maintain health insurance coverage on her behalf. Mr. Asher questions whether the Chancery Court erred in finding that funds withdrawn by him from a Putnam Investment savings account should be counted against his equitable share of the marital property and in finding that Ms. Asher should be awarded alimony. We affirm the judgment of the Chancery Court as modified and remand for further proceedings, if any, consistent with this opinion. We adjudge costs of this appeal against the Ashers equally.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:John D. Mcafee |
Claiborne County | Court of Appeals | 02/14/01 | |
| Dept. of Children's Services vs. Dorothy Hopson
E2000-01606-COA-R3-CV
Dorothy Hopson appeals a determination that her parental rights should be terminated as to her two daughters upon the grounds that the Trial Court was in error in allowing into evidence statements made by the children to third parties; in finding that the evidence was clear and convincing that she had committed child abuse as to her children; and in finding that termination of her parental rights was in the best interest of the children. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Richard R. Vance |
Grainger County | Court of Appeals | 02/14/01 | |
| Deborah Harris vs. Howell Dalton & Medical Associates
E2000-02115-COA-R3-CV
In this action for sexual harassment, the jury returned verdicts for plaintiff. Responding to a motion J.N.O.V., the Trial Judge entered judgment for defendants. Plaintiff appealed. We reverse and remand for a new trial.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 02/13/01 | |
| State of Tennessee v. Corrie Johnson
W2000-01216-CCA-R3-CD
The defendant was convicted by a Hardin County jury of driving under the influence (DUI), possession of marijuana, and possession with the intent to sell or deliver 0.5 grams or more of cocaine. The trial court sentenced the defendant to two 11 month and 29 day sentences for the DUI and possession of marijuana convictions, suspended after serving 30 days in jail. The trial court sentenced the defendant to 9 years incarceration, as a Range I standard offender, for possession with intent to sell or deliver 0.5 grams or more of cocaine. All sentences were to be served concurrently. In this appeal as a matter of right, the defendant alleges the trial court erred by denying (1) his motion to suppress evidence discovered as a result of the vehicle stop and (2) his request for alternative sentencing. After a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge C. Creed McGinley |
Hardin County | Court of Criminal Appeals | 02/13/01 | |
| Olympia Child Development Center, Inc. et al vs. City of Maryville
E2000-02124-COA-R3-CV
The suit filed in this tort action originally sought a judgment against the defendant, City of Maryville ("the City"), for damages allegedly sustained by four plaintiffs when a van owned by the plaintiff Olympia Child Development Center, Inc. ("Olympia"), and driven by the plaintiff Lisa K. Murphy was struck by a vehicle driven by Rodney Parton, an off-duty police officer employed by the City. The trial court granted the City summary judgment as to the claims of the remaining plaintiffs, Olympia and Murphy, finding that their claims are barred by the doctrines of collateral estoppel and modified comparative fault. Only Olympia appeals. We affirm the grant of summary judgment, but base our affirmance on a ground other than the one utilized by the trial court.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 02/13/01 | |
| Arlon Way vs. Jim Hall & The Cumberland County Bd. of Ed.
E2000-01458-COA-R3-CV
Plaintiff was discharged as a teacher for unprofessional conduct, and on appeal to the Trial Court he was reinstated. The Trial Court found the school Board had acted arbitrarily and there was no material evidence to sustain the charge of unprofessional conduct. We reverse and reinstate the Board's decision.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Vernon Neal |
Cumberland County | Court of Appeals | 02/13/01 | |
| Package Express Center, Inc. vs. Doug Maund & Emm-Dee Drug Co.
E2000-02059-COA-R3-CV
Package Express Center, Inc. vs. Doug Maund & Emm-Dee Drug Co. ( Concur/Dissent) View
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas R. Frierson, II |
Greene County | Court of Appeals | 02/13/01 | |
| Package Express Center, Inc. vs. Doug Maund & Emm-Dee Drug Co.
E2000-02059-COA-R3-CV
Package Express Center, Inc. vs. Doug Maund & Emm-Dee Drug Co. ( Concur/Dissent) View
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas R. Frierson, II |
Greene County | Court of Appeals | 02/13/01 | |
| Larry Wakefield vs. Kimberly Longmire
E2000-01450-COA-R3-CV
This litigation arose out of an accident involving a vehicle owned by Anderson County and being driven at the time of the accident by an employee of the County. The employee sued the driver of the other vehicle involved in the accident. Incident to his original filing, the employee secured service of process on the County's liability insurance carrier, for the purpose of invoking the uninsured motorist coverage of the County's policy. The defendant, Kimberly D. Longmire, filed an answer. She did not seek to impose liability on the employee or the County. Following a jury verdict for the employee in the amount of $641,000, the trial court ruled that the employee's recovery against the uninsured motorist carrier was not capped at $130,000, the limit of the County's liability for an individual claim under the Governmental Tort Liability Act. The carrier, whose policy provided for $1,000,000 of uninsured motorist coverage, appeals, claiming that its obligation under the policy, despite the higher contract limit, is capped at $130,000. The plaintiff contends that the carrier did not appeal from a final order and that its appeal is frivolous. We affirm but do not find the carrier's appeal to be frivolous.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 02/13/01 | |
| Morristown Firefighters Assoc. vs. City of Morristown, et al
E2000-01942-COA-R3-CV
In July 1999, two vacancies arose within the City of Morristown's fire department ("Fire Department") due to the retirement of a battalion chief and a lieutenant. The Civil Service Act provides the procedure for filling vacancies in Morristown's fire department and requires the City to fill vacancies from a Roster prepared by the Civil Service Board ("Board"). When the two vacancies occurred, the Roster in place had been certified in August 1998, and updated by the Board in November 1998 ("1998 Roster"). The City, however, wanted the Board to prepare a new Roster. The Board did not create a new Roster until September 1999 ("1999 Roster"), and in the meantime, the two positions remained unfilled. The City filled the vacancies from the 1999 Roster. The Morristown Firefighters Association ("Plaintiff") brought suit against the City of Morristown, its mayor and City Council members ("Defendants"), alleging violations of the Civil Service Act for Defendants' failure to fill the vacancies from the 1998 Roster. The Trial Court held in favor of Plaintiff and ordered Defendants to fill the two vacancies from the 1998 Roster. Defendants appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Kindall T. Lawson |
Hamblen County | Court of Appeals | 02/13/01 | |
| State of Tennessee v. James McArthur
W2000-00396-CCA-R3-CD
Defendant, James McArthur, appeals his two jury convictions for aggravated robbery for which he received concurrent eight-year sentences. He contends on appeal that the evidence was insufficient to support the verdicts, and he was deprived of a fair and impartial jury. We affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge W. Otis Higgs, Jr. |
Shelby County | Court of Criminal Appeals | 02/13/01 | |
| Roy Malone vs. Harleysville Mutual In. Co.
E2000-01308-COA-R3-CV
This matter involves a dispute concerning a fire and casualty insurance policy ("Policy") which covered an apartment complex, Star Chase Apartments. Harleysville Mutual Insurance Company ("Defendant") was the insurance carrier, and the named insured was John L. Oliver, LLC ("Oliver"). A fire in one of the apartment buildings caused substantial damage. Approximately six months later, Oliver sold Star Chase to Roy M. Malone, Sr. ("Plaintiff"), prior to starting any repairs to the burned building. Oliver also assigned to Plaintiff his right to the proceeds under the Policy, and Defendant acknowledged this assignment. The Trial Court found that Plaintiff, as Oliver's assignee, was entitled to recover the replacement cost of the burned building, plus prejudgment interest. The Trial Court denied Plaintiff recovery for business loss. Plaintiff appeals the amount awarded to him as the replacement cost and the Trial Court's denial of any additional recovery for business loss. Defendant argues that the assignment of the "proceeds" to Plaintiff did not entitle Plaintiff to recover any amount as replacement cost for repairs done after the assignment. Defendant also objects to the amount of the replacement cost found by the Trial Court and to the awarding of prejudgment interest. We reverse the Trial Court's award of prejudgment interest and affirm all other aspects of the judgment.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Howell N. Peoples |
Hamilton County | Court of Appeals | 02/12/01 | |
| FTA Enterprises, Inc. vs. Pomeroy Computer Resources, Inc. & Daniel Cole
E2000-01246-COA-R3-CV
In this action for interference with business relations, interference with contract, breach of fiduciary duty, et., a jury awarded both compensatory and punitive damages in differing amounts against the defendants. The Trial Judge approved the jury verdicts and defendants have appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John S. Mclellan, III |
Sullivan County | Court of Appeals | 02/12/01 | |
| Harold Lovelace, D/B/A The Last Chance Club, et al vs. City of Knoxville
E2000-01609-COA-R3-CV
In this Declaratory Judgment action the Trial Court held portions of a City Ordinance unconstitutional relative to notice provisions, the term "open for business" and "open display". We affirm in part, reverse in part and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 02/12/01 | |
| Ralph Dean Pierce, Jr., et al v. Cincinnati Casualty Insurance Company, et al
M2000-00273-WC-R3-CV
In this case, the employer, appellant, contends that (1) the trial court erred in awarding permanent disability benefits for the right arm, and (2) the trial court's award of 62% permanent partial disability for employee's left arm was excessive. The employee contends that the award to the right arm was insufficient. For reasons stated below, the trial court is affirmed.
Authoring Judge: Tom E. Gray, Sp.J.
Originating Judge:Larry G. Ross, Judge |
Warren County | Workers Compensation Panel | 02/12/01 | |
| Judy (Kendrick) Shoemake vs. Timothy Lee Kendrick
E2000-01318-COA-R3-CV
In this appeal from the Chancery Court for Hamilton County the Appellant, Judy (Kendrick) Shoemake questions whether the Trial Court erred in granting a petition to modify custody filed by the Appellee, Timothy Lee Kendrick, and whether the Trial Court erred in its determination of the amount due her for child support arrearage and unreimbursed medical expenses paid by her on behalf of the parties' minor children. We reverse in part, modify in part and remand for further proceedings, if any, consistent with this opinion. We adjudge costs of the appeal against Judy (Kendrick) Shoemake and Timothy Lee Kendrick equally.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:William M. Dender |
Hamilton County | Court of Appeals | 02/12/01 | |
| Dottie Lou Bell Hampton v. Henry I. Seigel Co., Inc.,
W2000-01272-WC-R3-CV
The employer and its insurer contend the employee's disability was caused by an independent intervening cause, namely a gradually occurring injury while working for a subsequent employer, and that the award of permanent partial disability benefits is excessive. As discussed below, the panel has concluded the evidence fails to preponderate against the findings of the trial court.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:Julian P. Guinn, Judge |
Henry County | Workers Compensation Panel | 02/12/01 | |
| Mary Martin v. Catholic Mutual Group
M2000-00228-WC-R3-CV
The trial court awarded to the employee a forty (4%) percent vocational disability to each arm for the work related injury of bilateral carpel tunnel syndrome. No award of vocational disability was made to the claimant for bilateral epicondylitis and the trial court found evidence was insufficient to award future medical for epicondylitis. We affirm the findings of the trial court.
Authoring Judge: Tom E. Gray, Sp. J.
Originating Judge:James Weatherford, SR. J. by designation |
Montgomery County | Workers Compensation Panel | 02/12/01 | |
| Wallace Downey James, Jr. v. Tennsco Corporation, et al
M1999-01088-WC-R3-CV
Appellant presents one issue to be determined and that is whether the trial court erred in finding that the appellant did not carry the requisite burden of proof in establishing that he sustained a compensable workers' compensation injury. In addition to the issue raised by Appellant, Appellee presents to the Court the issue of whether the employee's appeal should be dismissed for failure to comply with the Rules of Appellate Procedure. While the deficiencies are serious violations of the Rules of Appellate Procedure, the issue raised by the Appellant has been thoroughly reviewed by the panel, and the judgment of the trial court is affirmed.
Authoring Judge: Tom E. Gray, Sp. J
Originating Judge:Leonard W. Martin, Chancellor |
Dickson County | Workers Compensation Panel | 02/12/01 | |
| Vernon West v. State of Tennessee
W1999-01604-CCA-R3-PC
Vernon West appeals the Shelby County Criminal Court's dismissal of his petition for post-conviction relief. West collaterally attacks his conviction for second degree murder upon the grounds of ineffective assistance of counsel. Specifically, he contends that trial counsel was ineffective for failing to file a motion to sever, for failing to investigate the case and for failing to call two witnesses to testify at trial. After review of the record, we affirm the trial court's denial of post-conviction relief.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge W. Fred Axley |
Shelby County | Court of Criminal Appeals | 02/12/01 | |
| Luke Keeling v. Florida Steel, Now Known As Ameristeel
W1999-00433-WC-R3-CV
The defendant appeals from the trial judge's finding that: the plaintiff sustained an injury within the course and scope of his employment; that he suffered a thirty-five percent vocational disability; and that he did not have a meaningful return to work. The defendant also appeals the trial court's holding that it was not entitled to a set off for funds paid to the plaintiff under a self-insurance plan. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Joe C. Morris, Chancellor |
Madison County | Workers Compensation Panel | 02/12/01 |