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| Hitchock Metal Sources vs. John D. Mulford
E2003-00738-COA-R3-CV
Diane Hitchcock ("Mrs. Hitchcock") and Hitchcock Metal Sources, Inc. ("HMS") sued John D. Mulford, Jr. ("Mulford") and Mulford Enterprises, Inc. ("the defendant corporation") for breach of an oral contract between Mulford and Mrs. Hitchcock's deceased husband, James H. Hitchcock ("Mr. Hitchcock"). Mulford and the defendant corporation responded by filing a counterclaim against Mrs. Hitchcock and HMS, asserting, inter alia, breach of contract. At the conclusion of a bench trial, the court found in favor of Mrs. Hitchcock, awarding her damages of $87,896.74 jointly and severally against Mulford and the defendant corporation, and an additional amount of $8,855.93 against the defendant corporation. The trial court dismissed the counterclaim of Mulford and the defendant corporation, as well as the original claim of HMS. Mulford and the defendant corporation appeal the trial court's dual determinations that the parties' oral agreement did not prohibit either party from pursuing other business opportunities and that the defendant corporation converted Mrs. Hitchcock's steel by selling it without her knowledge or consent. In addition, the defendants contend that the trial court erred in failing to reform the parties' contract and in its calculation of damages. By way of a separate issue, Mrs. Hitchcock asserts that the trial court abused its discretion in failing to award her prejudgment interest. We affirm the trial court's judgment in toto.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 10/17/03 | |
| Bobby Joe Carter v. State of Tennessee
M2002-02802-CCA-R3-PC
The appellant, serving an effective twenty-year sentence on three counts of especially aggravated kidnapping, argues the trial court erred in denying his petition for post-conviction relief because: (1) his guilty plea was not entered voluntarily and intelligently; and (2) his trial counsel was ineffective. We affirm the judgment of the post-conviction court.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge W. Charles Lee |
Marshall County | Court of Criminal Appeals | 10/17/03 | |
| Myra Pate vs. State
E2003-00297-COA-R3-CV
Myra Pate ("Plaintiff") filed a claim with the Tennessee Division of Claims Administration after she slipped and fell on her way to class at Pellissippi State Technical Community College ("PSTCC"). When her claim was denied, Plaintiff filed a complaint in the Tennessee Claims Commission ("Commission") against the State of Tennessee ("the State"). The State filed a motion for summary judgment claiming Plaintiff had filed for Chapter 13 bankruptcy and failed to disclose the existence of her claim against the State. The State argued Plaintiff was judicially estopped from pursuing this lawsuit and also that she lacked standing. When Plaintiff failed to file a timely response to the motion for summary judgment, the Commission granted the motion solely because no response had been filed. Plaintiff appeals. We vacate the grant of summary judgment and remand for further proceedings.
Authoring Judge: Judge David Michael Swiney
|
Court of Appeals | 10/17/03 | ||
| Mary Ann Gurganus Eure v. Barry Lynn Eure
E2003-00745-COA-R3-CV
This is a post-divorce modification case involving the custody of, and support for, the parties' minor child, Matthew Chandler Eure (DOB: July 22, 1996) ("the child"). Mary Ann Gurganus Eure ("Mother") filed a complaint seeking custody of the child. Barry Lynn Eure ("Father"), the child's custodian, answered and filed a counterclaim seeking an increase in Mother's weekly child support obligation. Following a hearing, the trial court denied Mother's complaint. The court subsequently increased Mother's support obligation to $113 per week. Mother appeals, arguing, in so many words, that the evidence preponderates against both of the trial court's rulings. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Lawrence H. Puckett |
Bradley County | Court of Appeals | 10/17/03 | |
| W2002-02529-COA-R3-CV
W2002-02529-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 10/17/03 | |
| E2003-00501-COA-R3-JV
E2003-00501-COA-R3-JV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Suzanne Bailey |
Hamilton County | Court of Appeals | 10/17/03 | |
| Shayle Israel Hirschman v. Suanne Goldstein Hirschman
W2003-00008-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 10/17/03 | |
| Page J. Farnsworth v. Sidney W. Farnsworth, Iii
W2002-01536-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/17/03 | |
| State of Tennessee v. Willie Ira Poteat, Jr.
E2003-00314-CCA-R3-CD
The Defendant, Willie Ira Poteat, Jr., was indicted by the Sullivan County Grand Jury for possession of more than 26 grams of cocaine for resale and criminal conspiracy to sell more than 26 grams of cocaine. The Defendant filed a motion to suppress evidence taken during the execution of a search warrant, which the trial court denied. Thereafter, the Defendant entered a plea of nolo contendere to the charges against him, reserving the right to appeal a certified question of law regarding the trial court's ruling on the suppression issue. We now address the Defendant's appeal based upon this certified question of law.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 10/17/03 | |
| Children's Services, vs. SJMW, In The Matter of: DJL
E2003-00519-COA-R3-PT
The mother's parental rights were terminated by the Trial Judge. Mother has appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Suzanne Bailey |
Hamilton County | Court of Appeals | 10/17/03 | |
| Monte Bounds vs. Zella Cupp
E2003-00692-COA-R3-CV
The appellees filed suit against the appellant, alleging that the appellees, Lawrence R. Bozeman and wife, Imogene Bozeman ("the appellees Bozeman"), owned a 12-foot wide easement accross the property of the appellant. The appellant filed an answer, relying upon "the affirmative defense of abandonment plus adverse possession by the [appellant]." Following a plenary trial, the court below found that the appellees Bozeman had an express easement across the property of the appellant and that they "ha[d] not taken action of clear and unmistakable character indicating an abandonment of the easement." The appellant contends on this appeal that the trial court erred in failing to find abandonment of the easement. Since there is no transcript or statement of the evidence in the record before us, we affirm the judgment of the trial court.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 10/17/03 | |
| In Re: Estate of Gloria Eleanor Franklin vs. W. Jess Waltman
E2003-00926-COA-R3-CV
The Trial Court following an evidentiary hearing, held decedent's holographic will to be conditional and inoperative. On appeal, we reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Telford E. Forgerty, Jr. |
Cocke County | Court of Appeals | 10/17/03 | |
| John Haws Burrell v. Howard Carlton, Warden
E2002-01613-CCA-R3-PC
The petitioner, John Haws Burrell, has been convicted of twelve counts of sexual battery, three counts of rape, and two counts of coercion of a witness for which he is serving an effective twenty-four-year sentence. See State v. John Haws Burrell, No. 03C01-9404-CR-00157, 1997 WL 53455 (Tenn. Crim. App. at Knoxville, Feb. 11, 1997). The petitioner brings the instant appeal of the lower court's summary dismissal of his petition for writ of habeas corpus. We find that the lower court properly summarily dismissed the petition because several of the alleged bases for relief in the petition are not proper grounds for habeas relief and the remaining allegations lack merit.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Robert E. Cupp |
Johnson County | Court of Criminal Appeals | 10/17/03 | |
| Carl A. Lindblad v. Parkridge Health System
E2003-00221-COA-R3-CV
The plaintiff resigned his position as Director of the hospital's emergency services. Parkridge Health System, Inc. d/b/a East Ridge Hospital, [hereafter "the hospital" or "Defendant"] accepted his resignation and terminated his staff privileges in accordance with an employment Agreement. The hospital's bylaws required notice and hearing, which were not followed. The plaintiff filed this action asserting that in failing to observe its bylaws the hospital breached its contract with him since the bylaws were an integral part of the contract. The Chancellor granted the hospital's motion for summary judgment, holding that the Agreement, which provided for termination of staff privileges controlled the issue. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 10/16/03 | |
| W2002-02534-COA-R3-CV
W2002-02534-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/16/03 | |
| Dept. of Children's Services vs MW
E2003-00325-COA-R3-CV
The Trial Judge held the minor child was dependent and neglected and that the mother had committed severe child abuse against her child. Custody was awarded to DCS who was relieved of making reasonable efforts to reunify the mother and child. The mother appealed, insisting there is no evidence to support the Trial Court's findings. We affirm the Trial Court.
Originating Judge:Kindall T. Lawson |
Hamblen County | Court of Appeals | 10/16/03 | |
| Shawn Vineyard vs. Bill Varner D/B/A Fountain City Auto
E2003-00436-COA-R3-CV
Shawn T. Vineyard ("the plaintiff") purchased a 1991 Nissan automobile from Bill Varner, doing business as Fountain City Auto Sales ("the defendant"). Later, the plaintiff sued the defendant alleging a fraudulent misrepresentation and a violation of the Tennessee Consumer Protection Act ("the TCPA") in connection with the sale. In addition to other relief, the plaintiff sought compensatory damages; in the alternative, he asked for rescission of the sale agreement. After the trial court denied the defendant's motion for summary judgment, this matter proceeded to trial before a jury. The jury, in response to interrogatories, found the defendant guilty of violating the TCPA, but found no damages. The jury also found that the defendant had committed a fraudulent misrepresentation in connection with the sale of the automobile and assessed the plaintiff's damages at $2,100. In response to post-trial motions, the trial court decreed rescission and awarded the plaintiff the purchase price of $2,100. Defendant appeals, arguing that the trial court erred (1) in denying his motion for summary judgment; (2) in decreeing rescission and otherwise modifying the jury's verdict; and (3) in awarding attorney's fees of $12,000 to the plaintiff. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 10/16/03 | |
| W2002-01540-COA-R3-CV
W2002-01540-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 10/16/03 | |
| Dayne O 'Bannon vs. Stephanie O'Bannon
E2002-02553-COA-R3-CV
This appeal from the Bradley County Circuit Court questions whether the Trial Court erred in denying the Wife's proposed relocation to South Dakota and in changing custody of the parties' children from Wife to Husband. We affirm the judgment of the Trial Court.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:John B. Hagler, Jr. |
Bradley County | Court of Appeals | 10/16/03 | |
| Edward Hochhauser, Iii v. Annelle G. Hochhauser
W2003-00119-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 10/16/03 | |
| Kenneth Emert vs. City of Knoxville
E2003-01081-COA-R3-CV
The original plaintiff, since deceased, tripped on an uneven brick sidewalk and injured his right knee. He was blind, or nearly so, and used a walking aid. The defendant's negligence is not an issue on appeal. The issue is one of causation in light of the medical proof that the plaintiff suffered knee problems before the accident. The trial judge found that the accident aggravated the plaintiff's pre-existing condition and awarded damages of $100,000.00 with fault apportioned 80 percent to the defendant. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 10/16/03 | |
| Roger L. Smith v. State of Tennessee
E2003-00094-CCA-R3-PC
The Defendant, Roger L. Smith, pled guilty to three counts of child rape in 1998. He subsequently filed for post-conviction relief and for DNA testing. The trial court summarily dismissed the post-conviction petition on the grounds that it is time-barred. The trial court further summarily denied the Defendant's request for DNA testing. The Defendant now appeals. We affirm the judgment of the trial court dismissing the Defendant's claim for post-conviction relief, but reverse and remand for further proceedings the trial court's dismissal of the Defendant's request for DNA testing.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge James E. Beckner |
Greene County | Court of Criminal Appeals | 10/16/03 | |
| Juanita W. Keylon vs. Robert A. Hill
E2003-01054-COA-R3-CV
The plaintiff's motion for partial summary judgment, based upon the asserted failure of the defendant to countervail the motion, was denied by the trial judge. The plaintiff argues that the established rule that the denial of a motion for summary judgment, followed by a jury trial and verdict, is not reviewable, has no application in this case because there was no verdict. The rule is that the denial of a motion for summary judgment is not reviewable when the case proceeds to judgment, as distinguished from verdict. The motion of the defendant in this medical malpractice case for a directed verdict made at the close of all the evidence was granted upon a determination that all of the expert testimony established that the three-hour window to administer a blood clot dissolver had expired before the defendant treated the plaintiff. Whether the particular anticoagulant should have been administered in a timely manner was at the core of the claimed negligence. We find the question of negligence to be within the peculiar province of the jury, and remand the case for a new trial.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Russell E. Simmons, Jr. |
Roane County | Court of Appeals | 10/16/03 | |
| State of Tennessee v. Carl Edward Bell
M2002-02503-CCA-R3-CD
In a plea agreement, the defendant pled guilty to the sale of under .5 grams of cocaine and agreed to a seven-year sentence. The manner of service of the sentence was to be determined at a sentencing hearing. The trial court ordered the defendant to serve the entire sentence in the Tennessee Department of Correction, because the defendant had not demonstrated the potential for rehabilitation or treatment. We find no error in the sentence and, therefore, affirm.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 10/16/03 | |
| Antoine Lamarr v. City of Memphis,
CH-01-1967-2
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 10/16/03 |