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| James Nelson s. Victoria Nelson
E2000-02873-COA-R3-CV
James Roger Nelson ("Husband") filed a Complaint for Absolute Divorce ("Complaint") against Victoria Kay Goad Nelson ("Wife"). Wife filed an Answer and a Counter-Complaint for divorce. Wife admitted to Husband she had been and still was involved in an extramarital affair with a co-worker. Before trial, Husband obtained a temporary restraining order against Wife, and Wife obtained an Order of Protection against Husband. Wife testified Husband had subjected her to verbal and physical abuse in front of their minor children. Wife also testified Husband had threatened her with a gun while their children were at home with them. The Trial Court granted both parties a divorce, divided the parties' property, and awarded custody of the children to Husband. The Trial Court based its custody decision upon Wife's extramarital affair and the fact that Husband, at the time of trial, had the more stable home environment. The Trial Court failed, however, to address Wife's allegations that she was abused by Husband. Wife appeals the custody award and portions of the Trial Court's property division. We vacate, in part, and affirm, in part, and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Michael A. Davis |
Morgan County | Court of Appeals | 08/30/01 | |
| Roy Shanks vs. Hazel Albert
E2001-00066-COA-R3-CV
Roy Michael Shanks appeals dismissal of his suit seeking to overturn a determination of the Board of Review that he was not entitled to unemployment compensation because of misconduct. We concur in the determination of the Chancellor and affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas R. Frierson, II |
Hamblen County | Court of Appeals | 08/30/01 | |
| James Collins vs. Summers Hrdwe & Supply Co.
E2001-00578-COA-R3-CV
This is a suit by Plaintiffs James A. Collins and Gary Smith seeking damages from their former employer, Summers Hardware and Supply Company, in connection with their employment. The Plaintiffs contend that Summers Hardware made certain deductions from their pay which were contrary to their employment contract. Summers Hardware asserts otherwise. A jury found this issue in favor of the Plaintiffs and assessed damages, which the Trial Court, on motion of the Plaintiffs, altered upward. Summers Hardware appeals questioning whether the statute of limitations has run as to Mr. Collins' suit and whether both parties were estopped to press the claim or had waived their right to assert it. Summers Hardware also contends the Trial Court was in error in increasing the jury award without giving them the option of receiving a new trial. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 08/30/01 | |
| Estate of James Kirk vs. James Lowe
W2000-02858-COA-R9-CV
The Plaintiffs in this case sued "John Doe," an unknown driver, for injuries and damages resulting from the death of Plaintiffs' decedent. Process was served on decedent's uninsured motorist insurance carrier pursuant to Tennessee's Uninsured Motor Vehicle Coverage statutes. More than one year after the accident, the identity of the "John Doe" was discovered and Plaintiffs filed an amended complaint, naming him as Defendant. The Defendant moved for summary judgment on the basis that he was never an uninsured motorist, but at all pertinent times was insured, and that the one-year statute of limitations had expired. The trial court denied the motion, and we reverse.
Authoring Judge: Judge David R. Farmer
Originating Judge:C. Creed Mcginley |
Benton County | Court of Appeals | 08/30/01 | |
| Martha Mcelroy v. Norma Sharp And Victoria L. Sharp
E2000-02708-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 08/30/01 | |
| Gwen Lay vs. Mark Lay, et al
E2000-02914-COA-R3-CV
In this case the second wife of Mark Lindsay Lay seeks an increase in child support for their child. Because an attack was made on the constitutionality of the Tennessee Child Support Guidelines, the Attorney General of the State was permitted to intervene. Although neither the former wife nor Mr. Lay appeals, the Attorney General does appeal. We vacate the judgment insofar as it addresses the constitutional issue before the Trial Court, and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:John D. Mcafee |
Campbell County | Court of Appeals | 08/30/01 | |
| Laquita Ailsworth vs. Autozone
W2000-03024-COA-R3-CV
This appeal arises from the fall of the Appellant outside the Appellee store. The Appellant filed a complaint against the Appellees in the Circuit Court of Shelby County alleging that her injuries were proximately caused by the Appellees' negligence in allowing an icy condition to exist on the walkway in front of the store. The Appellees filed motions for summary judgment. The trial court granted the Appellees' motions for summary judgment. The Appellant appeals the grant of summary judgment in favor of the Appellees by the Circuit Court of Shelby County. For the reasons stated herein, we reverse the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 08/30/01 | |
| Direct Insurance Co. vs. George Brown
E2001-00412-COA-R3-CV
Trial Court declared coverage under policy issued by plaintiff to defendant for a motor vehicle accident, holding the vehicle operated by defendant was a replacement vehicle. On appeal, we reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Richard E. Ladd |
Sullivan County | Court of Appeals | 08/30/01 | |
| David Miller vs. State
E1998-00247-SC-R11-PD
We granted petitioner, David Earl Miller's application for permission to appeal to determine whether this Court's decision in State v. Brown, 836 S.W.2d 530 (Tenn. 1992) created a new state constitutional rule regarding the elements of deliberation and premeditation. Petitioner claims that Brown created a new state constitutional rule and that the jury instructions given at his initial trial violated this rule by relieving the prosecution of its burden to prove the elements of premeditation and deliberation beyond a reasonable doubt. Therefore, the petitioner argues that his conviction of first-degree murder was not supported by sufficient proof. After due consideration, we conclude that Brown did not announce a new state constitutional rule, did not implicate any constitutional right, is not retroactive, and may not serve as the basis for post-conviction relief. Accordingly, we conclude that the petitioner's complaint about the jury instructions given at his initial trial has been waived because it was not raised on direct appeal and that his complaint about the sufficiency of the evidence to support premeditation and deliberation was previously determined by this Court on direct appeal. Accordingly, the decision of the Court of Criminal Appeals is affirmed.
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:Ray L. Jenkins |
Knox County | Supreme Court | 08/29/01 | |
| Thomas Wynns III vs. Rae Cummings
W2000-02156-COA-R3-CV
This case involves a dispute between Thomas Clinton Wynns, III ("Thomas") and Rae Ann Cummings ("Rae Ann"), the son and granddaughter of Mrs. Leola Wynns ("Leola"), concerning Leola's mental capacity and ability to manage her own affairs. Plaintiff, Thomas, holder of a power of attorney from his mother, filed a complaint against the defendant, Rae Ann, seeking to have Rae Ann turn over to him all of Leola's assets in possession of Rae Ann. Rae Ann filed an answer to the complaint and a petition for appointment of a conservator for Leola and for an injunction against Thomas from removing any more of her assets. After a nonjury trial, the trial court found that the court had jurisdiction to appoint a conservator for Leola; that the facts warranted the appointment of a conservator; that the power of attorney held by Thomas and a will executed by Leola in 1998 were void, and that the quit claim deed executed on April 22, 1999, in favor of Thomas, was also void. Thomas appeals. We affirm in part, vacate in part, and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 08/29/01 | |
| Guy Varnadoe vs. Shelton McGhee Jr.
W2001-00075-COA-R3-CV
This appeal arises from a breach of contract claim brought by the Appellee against the Appellants in the Chancery Court of Shelby County. The trial court entered a consent order, referring the case to a special master. Pursuant to the consent order, the trial court directed the special master to conduct an investigation and report his findings to the trial court. The special master conducted an investigation and submitted his report to the trial court. The special master concluded that the Appellee was entitled to full payment under the contract but that the Appellants were entitled to a set-off. The trial court entered a judgment in the Appellee's favor and gave the Appellants a set-off. The trial court ordered that the fees approved by the special master be divided equally between the Appellants and the Appellee.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 08/29/01 | |
| George Tipton vs. Axis Fabrication & Machine Co.
E2001-00258-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 08/29/01 | |
| Margaret Tobitt vs. Bridgestone/Fireston, Inc.
M2000-00279-SC-WCM-CV
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:Charles D. Haston, Sr. |
Warren County | Supreme Court | 08/29/01 | |
| Richard Crowe vs. First American
W2001-00800-COA-R3-CV
Owner of a pickup truck sued the bank that financed the purchase for conversion after the bank repossessed the truck. The trial court entered judgment on a jury verdict for plaintiff in the amount of $250,000.00. Bank appeals. We affirm in part reverse in part and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Jon Kerry Blackwood |
McNairy County | Court of Appeals | 08/29/01 | |
| State of Tennessee v. Wygenzo Coburn
W2000-01550-CCA-R3-CD
The defendant was convicted of voluntary manslaughter, a Class C felony, and sentenced as a Range I, standard offender to four years, six months in the county workhouse. In this appeal as of right, he raises the following issues: (1) whether the evidence was sufficient to support his conviction; (2) whether the trial court erred in failing to include "moral certainty" language in its reasonable doubt instruction to the jury; and (3) whether the trial court erred in its application of enhancement factor (10). Based upon a careful review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge W. Fred Axley |
Shelby County | Court of Criminal Appeals | 08/29/01 | |
| Denise Frazier vs. Robert Frazier
E2000-02929-COA-R3-CV
Appellant ask the Court to void portions of the marital settlement agreement incorporated in the parties' Divorce Decree in the State of Illinois. The Trial Court refused and granted appellee summary judgment. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 08/29/01 | |
| George Tipton vs. Axis Fabrication & Machine Co.
E2001-00258-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 08/29/01 | |
| Margaret Tobitt vs. Bridgestone/Fireston, Inc.
M2000-00279-SC-WCM-CV
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:Charles D. Haston, Sr. |
Warren County | Supreme Court | 08/29/01 | |
| Lonnie Wilder vs. Leslie Wilder
E2000-03184-COA-R3-CV
In this divorce case, the Trial Court awarded husband attorney's fees against wife. On appeal, we reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John D. Mcafee |
Claiborne County | Court of Appeals | 08/29/01 | |
| Myron Hubbard vs. Sandi Hubbard
E2001-00110-COA-R3-CV
The Trial Court granted appellee Judgement before the 30 days to answer process provided in the Rules of Civil Procedure had expired. On appeal, we vacate and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 08/29/01 | |
| New Covenant Baptist Church vs. Panther Sark
E2000-02930-COA-R3-CV
In this suit New Covenant Baptist Church seeks a declaration that certain restrictions applicable to Technology Park West subdivision do not preclude New Covenant from using one of the lots for driveway purposes to other unrestricted property owned by New Covenant outside the subdivision. Panther Sark, a partnership, and certain other owners of lots in the subdivision were named as Defendants and they filed a counter-complaint seeking a declaration to the contrary. The Trial Court found in favor of New Covenant. We reverse and hold in favor of the partnership and other owners of lots in the subdivision.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas R. Frierson, II |
Knox County | Court of Appeals | 08/29/01 | |
| Rouse Construction Co. vs. Interstate Steel Corp.
E2001-00242-COA-R3-CV
This is a case wherein the Plaintiff/Appellant, Rouse Construction Company, seeks damages for breach of contract from the Defendant/Appellee, Interstate Steel Corporation. The Chancellor found that there was no meeting of minds between the parties as to essential contract terms and, therefore, ordered that Rouse's claim be denied. The Chancellor further determined that Interstate should be allowed a judgment in the amount of $19,090.00 for materials and plans delivered to Rouse. We concur in the determination of the Chancellor and affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 08/29/01 | |
| Jeffrey Miller v. State of Tennessee
E2000-01192-CCA-R3-CD
Jeffrey Miller appeals the Meigs County Criminal Court's dismissal of his petitions for writ of error coram nobis and writ of habeas corpus. Both petitions seek redress for Miller's grievance that he has been required to serve felony sentences in the Department of Correction, although his plea agreements designated the location of confinement to be the Meigs County Jail. Because neither coram nobis nor habeas corpus relief is available to address a concern of this nature and because the petitioner's claims are factually unfounded, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge E. Eugene Eblen |
Meigs County | Court of Criminal Appeals | 08/29/01 | |
| State of Tennessee v. Ralph D. Cooper
W2000-02612-CCA-R3-CD
This is an appeal from an order denying a petition for reinstatement of a motor vehicle operator's license pursuant to Tennessee Code Annotated Section 55-10-615(b). The court ruled that a subsequent conviction for driving without a license precluded the court from restoring the petitioner's driving privileges for a period of three years after the new conviction. After a careful review, we hold that the court incorrectly concluded it did not have discretion to grant driving privileges and remand to the court for reconsideration of the petition.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge W. Fred Axley |
Shelby County | Court of Criminal Appeals | 08/29/01 | |
| Carl O. Koella, Jr. vs. Fred McHargue, et ux
E2001-00544-COA-R3-CV
Defendants have right of first refusal on tract of real property. The Trial Court held that the giving of a quitclaim deed did not trigger the right of first refusal. Defendants appealed, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:C. K. Smith |
Blount County | Court of Appeals | 08/29/01 |