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| Rose Construction vs. Raintree Dev.
W2000-01388-COA-R3-CV
This is an arbitration case. The plaintiff construction company agreed to construct the defendant developer's planned development project. When disputes arose out of the parties' performance, they terminated the contract. The parties then entered into arbitration. The arbitration panel found in favor of the plaintiff for $974,068.00 plus interest, including a $250,000 award for attorney's fees. The plaintiff filed an action in the chancery court, seeking confirmation of the award. The defendant asked the chancery court to vacate the arbitration award. The trial court vacated the entire award, finding that the arbitration panel exceeded its authority in awarding attorney's fees. The plaintiff construction company appeals. We reverse, finding that the award of attorney's fees is authorized under the parties' contract, and remand the case for confirmation of the arbitration award in toto.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 01/23/01 | |
| David Eason vs. Melissa Bruce
W2000-01326-COA-R3-CV
This is a post-divorce child custody case. In its initial decree, the trial court found that neither parent demonstrated sufficient interest or ability to care for the minor children and custody was awarded to the maternal grandparents. Subsequently, the trial court awarded joint custody of the children to the father and the maternal grandparents. Father petitioned for sole custody which the trial court denied. Father appeals. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 01/23/01 | |
| Mary Browning vs. Harold D. Vandergriff, Jr., D/B/A Sunrise Market & Deli
E1999-02711-COA-R3-CV
In this appeal from the Circuit Court of Knox County the Defendant/Appellant, Harold D. Vandergriff, Jr., appeals the Circuit Court's judgment entered pursuant to a jury verdict allowing damages to Plaintiff/Appellee, Mary Browning, for negligent infliction of emotional distress. We reverse the judgment of the Circuit Court, dismiss the complaint and remand for collection of costs below.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 01/22/01 | |
| Stanley R. Wilbanks v. Corrections Corporation of
W1999-01732-WC-R3-CV
Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by the presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). The appellant presents the following issues for review: (1) Did the trial court err in ruling that the plaintiff gave proper notice of the alleged back injury?; (2) Did the trial court err in ruling that Dr. Frazier related causation of the back injury to the accident which occurred on July 24, 1998?; and (3) Did the trial court err in relying on the testimony of Dr. Joseph C. Boals, III, as competent expert testimony? The judgment of the trial court is affirmed.
Authoring Judge: Wil V. Doran, Sp. J.
Originating Judge:C. Creed Mcginley, Judge |
Hardin County | Workers Compensation Panel | 01/22/01 | |
| Perry vs. TN Bd. of Paroles
M1998-01018-COA-R3-CV
This appeal involves a prisoner's efforts to be released on parole. After the Tennessee Board of Paroles declined to release him on parole, the prisoner filed petitions for both common-law and statutory certiorari in the Chancery Court for Davidson County asserting that the Board had acted illegally, arbitrarily, and fraudulently. The trial court dismissed the prisoner's petition. We affirm.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 01/22/01 | |
| Garrison vs. Burch
M1999-02819-COA-R3-CV
This appeal involves a dispute regarding an order of protection. After the petitioner was threatened and attacked by his girlfriend's former husband, he sought an order of protection from the Davidson County General Sessions Court. The general sessions court granted the order of protection, and the former husband appealed to this court. We reverse and vacate the general sessions court's order because the parties are not within the degree of relationship required by the statute authorizing the issuance of orders of protection.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Casey Moreland |
Davidson County | Court of Appeals | 01/22/01 | |
| Stone vs. Faulkner, Mackie & Cochran
M2000-00125-COA-R3-CV
Plaintiff, Terry Stone d/b/a Medical Claims and Collections Specialist, sued Defendants, David Cochran, and Faulkner, Mackie & Cochran, for interference with contractual and business relationships between Plaintiff and Plaintiff's third-party client, Levine & Sharp Associates. The trial court granted Defendants' motion for summary judgment in this matter finding no genuine issue of material fact and dismissed Plaintiff's claims. The question presented to the Court is whether or not there are genuine issues of material fact such that the trial court erred in granting Defendants' Motion for Summary Judgment on the claim for interference with a business relationship. We affirm the trial court's dismissal of this claim.
Authoring Judge: Judge William B. Cain
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 01/22/01 | |
| Alpha Financial Services, Inc. vs. Karl Kindervater
E2000-01425-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 01/22/01 | |
| Perry vs. Campbell
M1998-00943-COA-R3-CV
This appeal involves a prisoner's challenge to a prison disciplinary board's decision to place him in involuntary administrative segregation. After exhausting his remedies within the Department of Correction, the prisoner filed petitions for a common-law and a statutory writ of certiorari in the Chancery Court for Davidson County complaining that he had been denied the right to call witnesses, that the board's decision was racially motivated, and that the board's decision lacked evidentiary support. The trial court granted the State's motion for summary judgment and dismissed the prisoner's petitions. We affirm the trial court's judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 01/22/01 | |
| E2000-00824-C0A-R3-CV
E2000-00824-C0A-R3-CV
Originating Judge:John B. Hagler, Jr. |
Bradley County | Court of Appeals | 01/22/01 | |
| Alpha Financial Services, Inc. vs. Karl Kindervater
E2000-01425-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 01/22/01 | |
| Muirhead vs. Muirhead
M1999-02385-COA-R3-CV
This appeal involves the custody of four minor children following dissolution of a sixteen (16) year marriage. The trial court awarded a divorce to Father on the ground of inappropriate marital conduct but awarded custody of the parties' four minor children to Mother. The trial court set child support, awarded rehabilitative alimony, and divided the marital property, awarding Mother the marital residence. The Mother appeals the property division and alimony award. The Father appeals the award of custody. We reverse the trial court's award of custody because Father is comparatively more fit than Mother to have custody, modify the award of rehabilitative alimony, vacate the child support award, and remand to the trial court for child support and visitation issues.
Authoring Judge: Judge William B. Cain
Originating Judge:Donald P. Harris |
Williamson County | Court of Appeals | 01/22/01 | |
| Montague vs. TDOC
M1999-00513-COA-R3-CV
This Court determined a previous appeal by Charles Montague to be frivolous and remanded the case to the trial court to set attorney's fees. The state submitted evidence of attorney's fees incurred, both in the trial court and in this Court. Montague appeals and we modify the judgment of the trial court so as to only allow attorney's fees on the initial appeal.
Authoring Judge: Judge William B. Cain
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 01/22/01 | |
| Billy Ray Holley v. Bobby Holley,
W1998-00737-WC-R3-CV
The issue presented for review is whether or not Mississippi Boulevard Christian Church was the plaintiff's statutory employer as defined by Tennessee Code Annotated _ 5-6-113. We reverse the judgment of the circuit court and dismiss the cause as to Mississippi Boulevard Christian Church.
Authoring Judge: Wil V. Doran, Sp. J.
Originating Judge:James E. Swearengen, Judge |
Shelby County | Workers Compensation Panel | 01/22/01 | |
| James Rines v. State of Tennessee
E2000-01066-CCA-R3-PC
The petitioner appeals the trial court’s dismissal of his “petition to correct illegal judgment/sentence.” Finding no basis for a rightful appeal or a discretionary appeal via the common law writ of certiorari, we dismiss the appeal.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Rex Henry Ogle |
Cocke County | Court of Criminal Appeals | 01/19/01 | |
| Custom Packaging, Inc. vs. Patti Holliday, et al
E2000-01744-COA-R3-CV
Custom Packaging, Inc., appeals a summary judgment granted against it in its suit seeking recovery on a sworn account for merchandise sold according to the complaint to "Patti Holliday, Ind. & d/b/a Repeat Fibre." The Trial Court sustained Ms. Holliday's motion for summary judgment, finding there are no material disputed facts. We vacate the judgment below and remand the case for further proceedings.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 01/19/01 | |
| State vs. King
E1998-00283-SC-R11-CD
We granted review to determine whether the trial court committed reversible error by conducting trial proceedings in violation of a common law rule that prohibits judicial functions on Sunday. The Court of Criminal Appeals reversed the defendants' convictions for second-degree murder and remanded for a new trial, holding that the trial court violated a common law rule prohibiting judicial functions on Sunday and that such proceedings were "absolutely void." We conclude that conducting judicial proceedings on Sunday does not violate the Tennessee Constitution or any state statute and that the justifications for the common law rule are no longer sufficiently persuasive to invalidate Sunday proceedings as a matter of law. We further hold that the issue of whether to conduct judicial functions on Sunday rests within the discretion of the trial court. In exercising this discretion, the trial court should be deferential to the preferences of the litigants, witnesses, jurors, and attorneys; must be mindful of the need for every participant in a trial proceeding to be prepared and rested; must respect and accommodate the genuinely-held religious view of any litigant, witness, juror or attorney; and must weigh all of these concerns against whatever pressing need or compelling interest may necessitate a Sunday proceeding. We conclude that the trial court abused its discretion under the facts of this case and, therefore, affirm the result reached by the judgment of the Court of Criminal Appeals on the separate grounds stated herein.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Douglas A. Meyer |
Hamilton County | Supreme Court | 01/19/01 | |
| State of Tennessee v. John Ruff
W1999-01536-CCA-R3-CD
The Defendant, John Ruff, appeals the dismissal without prejudice of the charges against him. He asks this Court to enter an order dismissing his case with prejudice. We hold that the trial court properly dismissed the charges against the Defendant without prejudice; thus, we affirm the action of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 01/19/01 | |
| State vs. Fields
E1998-00388-SC-R11-CD
The issue raised on this appeal is whether the defendant's conviction of the Class C felony of facilitation of an illegal drug transaction within 200 yards of a school overcomes the presumption in favor of alternative sentencing so as to justify a sentence of confinement. The trial court and the Court of Criminal Appeals found confinement necessary to avoid depreciating the seriousness of the offense. We conclude that the evidence presented is insufficient to overcome the presumption of alternative sentencing. Therefore, we reverse the judgment of the Court of Criminal Appeals and remand this case to the trial court to determine an appropriate alternative sentence.
Authoring Judge: Justice William M. Barker
Originating Judge:James E. Beckner |
Greene County | Supreme Court | 01/19/01 | |
| State of Tennessee v. John Ruff - Concurring and Dissenting
W1999-01536-CCA-R3-CD
I concur with the majority’s rationale that led to the conclusion that the charges were properly dismissed below without prejudice. However, I also agree with the majority’s statements about the unavailability of a Rule 3 appeal in this case. Because no appeal as a matter of right is
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 01/19/01 | |
| In Re: Estate of Constantine Anagnost
E2000-02321-COA-R3-CV
This litigation involves a claim against an estate. The claimant asserts that the decedent breached a contract which purportedly obligated the decedent to convey to the claimant a certain parcel of property upon the claimant's satisfaction of his contractual obligations. The estate moved for summary judgment, arguing that the issues relating to the existence of the purported contract had been decided adversely to the claimant in an earlier suit, thereby barring the present claim under the doctrine of res judicata. The trial court granted summary judgment to the estate, and the claimant now appeals, asserting that the prior judgment does not bar the instant claim. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 01/19/01 | |
| Joseph Hough v. State of Tennessee
E2000-01621-COA-R12-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Michael S. Lacy |
Greene County | Court of Appeals | 01/19/01 | |
| Janine S. Taylor Hines vs. Richard Michael Tilimon
E2000-00912-COA-R3-CV
This is an interstate custody dispute. Janine S. Taylor Hines ("Mother") filed this action seeking a declaratory judgment pertaining to the custody of the parties' minor child. She also sought to modify certain foreign orders pertaining to the visitation rights of the defendant, Richard Michael Tilimon ("Father"). The trial court (a) entered a default judgment against Father, (b) declared Tennessee to be the child's home state, (c) decreed that custody would remain with Mother, and (d) limited Father's visitation to supervised visits in the state of Tennessee. The court later denied Father's motion to set aside the default judgment. Father appeals, raising issues as to subject matter jurisdiction, in personam jurisdiction, venue, and service of process. He also argues that the trial court erred (1) in denying his request for a continuance of the hearing on the plaintiff's motion for default judgment; (2) in not allowing him to participate by telephone in the hearing on his motion to set aside the default judgment; (3) in denying his motion to set aside the default judgment; (4) in ordering supervised visitation; and (5) in awarding Mother her attorney's fees. By a separate issue, Mother seeks attorney's fees for this appeal. We affirm and remand for a hearing to set Mother's fees on appeal.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Bill Swann |
Knox County | Court of Appeals | 01/19/01 | |
| State Department of Children's Services vs. RC
E2000-01939-COA-R3-CV
In this action to terminate parental rights, the mother didn't appear for trial and the Trial Court terminated her parental rights. On appeal, she argues her constitutional rights were violated by proceeding to trial in her absence, and termination was not supported by clear and convincing evidence. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:William H. Russell |
Loudon County | Court of Appeals | 01/19/01 | |
| Erskine Leroy Johnson vs. State
W1997-00024-SC-R11-PD
The sole issue in this capital post-conviction appeal is whether the State improperly withheld material, exculpatory evidence at the appellee's capital sentencing hearing. The appellee was convicted of felony murder and sentenced to death in 1985, and in 1991, he filed a post-conviction petition alleging, among other things, that the State improperly withheld a police report that was discoverable under Brady v. Maryland, 373 U.S. 83 (1963). The post-conviction court denied relief, but the Court of Criminal Appeals reversed and vacated the capital sentence. Finding that the police report was exculpatory and material, the intermediate court held that a new sentencing hearing was constitutionally required. The State then appealed to this Court. For the reasons given herein, we hold that the State improperly withheld the police report, which was both "evidence favorable to the accused" and material as to the issue of sentencing. Accordingly, we affirm the judgment of the Court of Criminal Appeals vacating the appellee's sentence, and we remand this case to the Shelby County Criminal Court for a new capital sentencing hearing.
Authoring Judge: Justice William M. Barker
Originating Judge:William H. Williams |
Shelby County | Supreme Court | 01/19/01 |