| 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 | |
| CH-00-1207-2
CH-00-1207-2
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 08/29/01 | |
| Scarlett/Patrick Spencer vs. James Aydlotte
W2001-00995-COA-R3-CV
This is a suit for the termination of parental rights. The Appellants filed a petition in the Chancery Court of Gibson County to terminate the Appellee's parental rights to his child. Following a hearing, the trial court entered an order denying the Appellants' petition. The Appellants appeal the trial court's order denying the Appellants' petition to terminate the Appellee's parental rights. For the reasons stated herein, we affirm the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 08/29/01 | |
| Paul Seaton, et al vs. Richard Rowe, et al
E2000-02304-COA-R3-CV
Monroe County -This is an action for specific performance of an option agreement for the sale of some farmland acreage, from which a 60-acre tract was excepted. The trial court dismissed the action, holding that the option agreement did not satisfy the statute of frauds because the description of the excepted property was inadequate and that the deficiency could not be remedied by parol evidence. Thereafter, the plaintiffs filed a motion to "reopen the proof" to introduce evidence to support reformation of the description of the excepted property. The motion was denied. The plaintiffs appeal, arguing that the trial court erred in (1) finding that the option agreement did not satisfy the statute of frauds; (2) refusing to consider parol evidence of the location of the excepted property; and (3) refusing to "reopen the proof" on the issue of reformation. The defendants argue that the appeal is frivolous. We find that the option agreement is sufficiently definite to satisfy the statute of frauds and that parol evidence should have been admitted to locate the excepted property. We therefore vacate the judgment of the trial court and remand for further proceedings consistent with this opinion.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John B. Hagler, Jr. |
Monroe County | Court of Appeals | 08/29/01 | |
| State of Tennessee v. Mark A. Doolen, Jr.
M2000-01953-CCA-R3-CD
In this appeal, Mark A. Doolen, Jr. challenges the order of the Dickson County Circuit Court requiring the appellant's payment of restitution in the amount of $6,611.76 for his vandalism of two antique automobiles. Following a review of the record and the parties' briefs, we conclude that the appellant should have filed his appeal with the Tennessee Court of Appeals.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Allen W. Wallace |
Dickson County | Court of Criminal Appeals | 08/29/01 | |
| State of Tennessee v. Edward Drummer
W2000-00414-CCA-R3-PC
The Appellant, Edward Drummer, appeals from the dismissal of his petition for post-conviction relief by the Shelby County Criminal Court. In September, 1997, Drummer pled guilty to one count of aggravated rape and was sentenced to fifteen years confinement in the Department of Correction. In 1998, Drummer filed a petition for post-conviction relief challenging the validity of his guilty plea upon grounds of (1) voluntariness and (2) ineffective assistance of counsel. The post-conviction court, finding the claims unsupported, dismissed the petition. On appeal, Drummer contends that he was denied the effective assistance of counsel. After review, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 08/29/01 | |
| Linda Greene vs. Dr. Woody Stinson
E2001-00628-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:William M. Dender |
Jefferson County | Court of Appeals | 08/29/01 | |
| State v. Mark Doolen
M2000-01953-COA-R3-CD
A thirteen-year-old boy was convicted of vandalism in juvenile court, and was ordered to pay restitution of over $6,600. He claimed that the amount of restitution was excessive, and appealed to the circuit court, which affirmed the juvenile court's determination. We affirm the order of restitution, but modify the amount, for the reasons set out below.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Allen W. Wallace |
Dickson County | Court of Appeals | 08/29/01 | |
| State of Tennessee v. Glenn Russell Parvin
E2000-01756-CCA-R3-CD
The Sullivan County grand jury issued presentments against the defendant on one count of operating a motor vehicle without a face shield; two counts of speeding; three counts of driving under the influence; three counts of driving on a revoked license; two counts of driving on revoked license after second or subsequent conviction for driving while intoxicated; one count of driving on revoked license after second or subsequent conviction for driving under the influence; one count of driving while intoxicated, fourth offense; and one count of driving under the influence, fourth offense. The charges resulted from three separate cases. The defendant pled to all of the crimes in two different plea hearings and the defendant was sentenced as a career offender to a total of eighteen years, with a minimum jail time of 585 days, and with his last six years to be served on probation. The trial court sentenced the defendant as a career offender and did not apprise the defendant of the possibility that he could be sentenced as a persistent offender, as opposed to a career offender. He moved to withdraw his guilty pleas on this ground. The trial court denied his motion, and he appeals the denial. Furthermore, the defendant waived his right to request probation or alternative sentencing in one case, and the state agreed to allow the defendant to serve probation in one case. In the third case, the defendant requested probation or alternative sentencing. The trial court denied his request, citing his extensive criminal history in support of its denial. The defendant also appeals this denial. After reviewing the record and applicable case law, we find these issues to be without merit and therefore affirm the lower court's denial of defendant's motion to withdraw his guilty pleas and its denial of probation or alternative sentencing.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 08/29/01 | |
| Dorothy Owen vs. George Summers
W2001-00727-COA-R3-CV
This is an action to set aside a warranty deed. Plaintiff-Grantor filed suit on February 11, 1997, to set aside a deed executed July 11, 1989, on the grounds of fraud and mental incompetency. The defendant grantee denied fraud and mental incompetency and affirmatively relied upon the seven-year statute of limitations. Following a jury trial, which ended in a mistrial, the parties stipulated that the case be submitted to the chancellor who conducted the trial for a nonjury determination from the trial transcript and trial exhibits. The chancellor found that the seven-year statute of limitations had been tolled by virtue of the grantor's mental incompetence, the deed was procured by fraud, and that the grantor was mentally incompetent on the date of the execution of the deed. The chancellor rescinded the deed. Defendant-Grantee has appealed. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Dewey C. Whitenton |
Fayette County | Court of Appeals | 08/28/01 | |
| Tennessee Farmers Mutual Ins. Co. vs. SA W. Jeong
E2001-00246-COA-R3-CV
Tennessee Farmers Mutual Insurance Company ("Tennessee Farmers") brought a declaratory judgment action against Sa W. Jeong ("the injured party"); her daughter, Hyunlan Lee; and her son-in-law, Jack Sung K. Lee (the defendants Lee are referred to herein collectively as "the Lees"), asking the trial court to "declare whether or not Tennessee Farmers is obligated to afford liability coverage to [the Lees] in connection with the lawsuit filed against them by [the injured party]." At the conclusion of a bench trial, the trial judge ruled in favor of the defendants, finding that the word "reside" and its derivatives "resident" and "residing," particularly as the latter two words are used in the policy language excluding coverage of a claim by a "covered person" or one "residing in the same household," are ambiguous, and that the language of the policy should be construed against Tennessee Farmers as the drafter of the policy. The court ordered Tennessee Farmers to provide liability coverage to the Lees with respect to the subject lawsuit. Tennessee Farmers appeals, raising issues as to whether the trial court correctly ruled that the policy is ambiguous, and whether the trial court was correct in finding that the word "resident" was susceptible to a reasonable meaning that would exclude the injured party from the ambit of the subject exclusionary language in the policy. We find that the subject policy provision is not ambiguous; however, we conclude that the injured party was not "residing in [the Lees'] household" as that language has been construed by applicable case law. Accordingly, we affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Lawrence H. Puckett |
Bradley County | Court of Appeals | 08/28/01 | |
| James Laney vs. Evelyn Oldham
E2000-02710-COA-R3-CV
Evelyn B. Oldham ("Defendant") sold to James C. R. Laney ("Plaintiff") a house and lot located next to a Chalet owned by Defendant. Defendant granted Plaintiff an easement for use of a driveway. Plaintiff later converted his residence into a business. In 1993, the Trial Court entered an Order interpreting the easement to allow Plaintiff's use of the driveway for a "normal amount of delivery." No appeal was taken from this Order. In 2000, the Trial Court, but a different trial judge, entered another Order interpreting the 1993 Order to allow for a normal amount of business deliveries using the driveway. We conclude that the 1993 Order permits only a normal amount of deliveries consistent with a residential use. We reverse the decision of the Trial Court, and remand for further proceedings.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 08/28/01 | |
| Phillip Ledford vs. Bradley Memorial Hospital
E2001-00291-COA-R3-CV
The plaintiffs, Phillip A. Ledford ("Ledford") and his wife, Elizabeth Ledford, filed suit against the defendants, Daniel V. Johnson, M.D., Bradley Memorial Hospital ("the Hospital"), and Southeast Tennessee Orthopedics, Inc. ("Southeast"), alleging medical malpractice arising out of surgery performed by Dr. Johnson on Ledford's broken arm. The trial court granted the defendants summary judgment. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Lawrence H. Puckett |
Bradley County | Court of Appeals | 08/28/01 | |
| Michael Cheslock vs. Bd. of Admin., etc .
W2001-00179-COA-R3-CV
On December 14, 1995, Memphis Police Lieutenant Michael Cheslock appeared before the Pension Board of Memphis, Tennessee, to request a line of duty disability pension as provided by the Memphis Code of Ordinances, Section 25-1(27). Mr. Cheslock had been diagnosed by two psychiatrists as disabled by job related Post Traumatic Stress Disorder. The Pension Board refused the line of disability pension, determining that Mr. Cheslock did not meet the requirements as defined by the code. Mr. Cheslock filed a petition for writ of certiorari in the Chancery Court of Shelby County. The petition was denied and this appeal followed. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 08/28/01 | |
| Natalya Mazor vs. Kenneth Isaacman
W2000-01485-COA-R3-CV
This is a dental malpractice case. The patient visited the defendant dentist in August 1997 for routine root canal surgery. After the surgery, the patient began experiencing "constant" pain in the tooth in which the root canal was performed. She was told by the defendant dentist that this was pain ordinarily felt after root canal surgery. In February 1999, the patient visited another dentist who discovered that a piece of a drill bit had been left inside patient's tooth during the previous root canal. In December 1999, the patient filed a lawsuit against the defendant dentist for dental malpractice. The defendant dentist filed a motion to dismiss, arguing that the patient did not bring the claim within the one year statute of limitations. This motion was granted and the patient now appeals. We reverse, finding that the patient had one year from the time she discovered or should have discovered the foreign object in which to file her lawsuit.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 08/28/01 | |
| Arthur Anderson vs. Edwin Roberson
W2000-01879-COA-R3-CV
This appeal presents the sole issue of in personam jurisdiction of a nonresident corporation and the nonresident individual owning a majority interest in the corporation by virtue of their activities, as described in the Tennessee Long Arm statute, or alternatively, as co-conspirators with defendants, subject to the jurisdiction of the court.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 08/28/01 | |
| Judy Burroughs vs. Robert Magee
W2001-00238-COA-R3-CV
This is a personal injury and wrongful death case. The plaintiff and her husband were involved in an automobile accident. The plaintiff sued the driver of the other vehicle for her husband's wrongful death as well as for injuries she sustained in the accident. The plaintiff named the driver's physician as an additional tortfeasor, alleging that the physician negligently prescribed drugs to a known drug addict, negligently prescribed two contraindicated drugs, and negligently failed to warn his patient of the risks of driving while under the influence of the drugs. The trial court granted the physician's motion for summary judgment on the grounds that the physician had no duty to unidentifiable third parties such as the plaintiff. We affirm in part and reverse in part, finding that the physician owed a duty to the plaintiff and the decedent to warn his patient of the risks of driving while under the influence of the prescribed drugs.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Appeals | 08/28/01 | |
| In Re: Estate of Lois Chandler
E2000-03055-COA-R3-CV
Buster Chandler, Jr. ("Chandler") was appointed administrator of the estate of his mother, Lois Chandler, who died intestate in 1998. Chandler is incarcerated in Kentucky for a murder he committed in 1990. Chandler requested the Chancery Court arrange for his transportation from prison in Kentucky to Knoxville, Tennessee, so he could be present for the hearing regarding the closing of his mother's estate and so he could meet with the Knox County Attorney General regarding his murder conviction in Kentucky. Chandler argued that the Attorney General wanted to try him for the murder in Knoxville and would assist in obtaining a pardon from the governor of Kentucky. The Chancery Court denied his request, closed his mother's estate, and assessed court costs against Chandler as administrator. Chandler appeals. We affirm the Chancery Court.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John F. Weaver |
Knox County | Court of Appeals | 08/28/01 | |
| State of Tennessee v. Eddie McNabb
M2000-01490-CCA-R3-CD
The defendant appeals from his maximum sentence of six (6) years for voluntary manslaughter and the trial court's imposition of consecutive sentences. After review, we hold that the trial court properly sentenced the defendant to six (6) years for the voluntary manslaughter conviction and correctly ordered the defendant's convictions for voluntary manslaughter and aggravated assault be served consecutive to one another. Therefore, we affirm the judgment of the trial court.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Thomas W. Graham |
Marion County | Court of Criminal Appeals | 08/28/01 | |
| Patrick Reinshagen vs. PHP Companies, Inc.
E2001-00025-COA-R3-CV
In this action for breach of employment contract and defamation, the Trial Court granted summary judgment to defendants. Plaintiff appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 08/28/01 |
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