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| Patricia Mora vs. Gilberto Mora
W1999-02483-COA-R3-CV
This case involves a dispute stemming from the parties' divorce in 1991. The divorce decree provided that Ms. Mora and the parties' adult daughter could live in the marital home for thirty months following the divorce, at which time the home was to be put on the market for sale and the proceeds divided. After the thirty month period expired, Mr. and Ms. Mora attempted to settle the dispute concerning the marital home. The parties each executed documents, and a dispute arose as to which document embodied the parties' intentions. The trial court ruled on the parties' settlement dispute, and the court also appointed Ms. Mora as the adult daughter's guardian and ordered that Mr. Mora provide support for his daughter. For the following reasons, we affirm in part and reverse in part.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 01/26/01 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Supreme Court | 01/26/01 | ||
| Ch-00-0152-2
Ch-00-0152-2
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 01/25/01 | |
| In matter D.I.S.,
W2000-00061-COA-R3-CV
This case involves the termination of parental rights. The juvenile court, sua sponte, dismissed the petition to terminate the parental rights of the mother at the end of the petitioner's proof. The petitioner appeals. We affirm, finding that there is sufficient evidence to support the trial court's finding that termination of the mother's parental rights would not be in the child's best interest.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George E. Blancett |
Shelby County | Court of Appeals | 01/25/01 | |
| David Coleman v. Lumbermens Mutual Casualty Company
W2000-01168-WC-R3-CV
Employee was injured when a sofa fell on him at work, and was awarded twenty five percent permanent partial disability to the body as a whole. On appeal, the award was affirmed, but the court determined that the evidence supported a finding of permanent partial disability for a psychiatric injury, and remanded to the trial court for a determination as to the percentage. Coleman v. Lumberman's Mutual Casualty Co., 2 Tenn. LEXIS 98; 2 WL 236424 (Tenn., March 2, 2). On remand the Chancellor determined that plaintiff was entitled to fifty percent permanent partial disability total for both shoulder and psychiatric injuries.
Authoring Judge: Joe H. Walker III, Sp. J.
Originating Judge:Walter L. Evans, Chancellor |
Shelby County | Workers Compensation Panel | 01/25/01 | |
| State of Tennessee v. Larry M. Grigsby
E2000-00924-CCA-R3-CD
Larry M. Grigsby entered guilty pleas to one count of promoting prostitution and two counts of criminal simulation. The manner of service, including entitlement to probation and/or Community Corrections, was submitted to the trial court. The trial court denied any form of alternative sentencing based upon Grigsby's extensive prior criminal history and the failure of previous measures less restrictive than total confinement. On appeal, Grigsby argues that the trial court erred in denying an alternative sentence. After review, we conclude that the record supports the trial court's sentencing decision. The judgment, accordingly, is affirmed.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 01/25/01 | |
| Carroll Co. Waste vs. Odillion Collins
W1998-00754-COA-R3-CV
This case involves a dispute over issues surrounding Carroll County's imposition of a garbage collection fee on its residents. The trial court granted summary judgment to Plaintiff, and the Defendant appeals.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Julian P. Guinn |
Carroll County | Court of Appeals | 01/25/01 | |
| Stoney Mccarter v. Transportation Insurance Company,
W1999-00667-WC-R3-CV
The plaintiff, Stoney McCarter, appeals the judgment of the Circuit Court of Shelby County granting defendants' motion for summary judgment. The trial court held plaintiff's court-approved lump sum settlement was not entered into pursuant to Tenn. Code Ann. _ 5-6-241(a)(1) and therefore could not be reopened pursuant to _ 5-6-241(a)(2). For the reasons stated in this opinion, We affirm the judgment of the trial court.
Authoring Judge: W. Michael William Michael Maloan, Special Judge
Originating Judge:Robert L. Childers, Judge |
Carter County | Workers Compensation Panel | 01/25/01 | |
| M2000-00372-SC-RL-RL
M2000-00372-SC-RL-RL
|
Supreme Court | 01/25/01 | ||
| Donald Blackburn vs. Betty Blackburn
W2000-00393-COA-R3-CV
Executor of deceased's estate appeals the probate court order closing the deceased's conservatorship. The final order closing the conservatorship, among other things, set aside a part of the order appointing conservator which ordered the appointed conservator to convey to the ward real estate owned by the ward that she had previously conveyed to herself as attorney in fact for the ward. Executor appeals.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Donn Southern |
Shelby County | Court of Appeals | 01/25/01 | |
| Billie Mae Manis vs. Donald Ralph Manis
E1999-01927-COA-R3-CV
Wife sought a divorce after 41 years of marriage on grounds of inappropriate marital conduct. With Husband acting pro se, the parties filed a Marital Dissolution Agreement. After retaining counsel, Husband withdrew the agreement and filed a counterclaim for divorce, also alleging inappropriate marital conduct. The Trial Court appointed a Special Master, who conducted two hearings and filed a lengthy and comprehensive Special Master's Report. Both parties filed Objections to the Report, and the Special Master held a third hearing addressing the issues raised in the parties' objections. Husband filed Objections to the Special Master's Amended Report. Wife had no objections to the Amended Report. The Trial Court held a fourth hearing, at which arguments of counsel and Husband's offer of additional proof were made. The Trial Court's Final Judgment adopted the Report of the Special Master, as amended, and affirmed the findings of fact and conclusions of law of the Special Master with minor exceptions. Husband raises ten issues, primarily involving the Special Master's valuation and distribution of marital assets and the amount of alimony he was ordered to pay. Wife contests the amounts awarded to her for periodic alimony and for her interest in the marital estate, and also claims that the Trial Court erred in not placing more restrictions on Husband's future business transactions so as to more fully protect her interest in her marital share. We affirm the judgment of the Trial Court.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Richard R. Vance |
Sevier County | Court of Appeals | 01/25/01 | |
| Steve Mairose vs. FedEx
W2000-00076-COA-R3-CV
This appeal arises from a breach of contract claim brought by the Appellants against the Appellee. Following a six week jury trial, the jury entered a verdict in favor of the Appellants. The Appellee filed a motion for a judgment notwithstanding the verdict and, in the alternative, a motion for a new trial. The Chancery Court of Shelby County granted the Appellee's motion for a judgment notwithstanding the verdict and, in the alternative, granted a conditional new trial. The Appellants appeal the grant of the Appellee's motion for a judgment notwithstanding the verdict and the grant of a conditional new trial by the Chancery Court of Shelby County. For the reasons stated herein, we affirm in part, reverse in part, and remand this case for a new trial in accordance with this opinion.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 01/25/01 | |
| Timothy Ellington vs. Linda Maddox
W2000-00948-COA-R3-CV
Natural father filed a petition to obtain custody of his son against the maternal grandmother and her husband, the child's custodians by previous court order. After an evidentiary hearing, the juvenile court denied father's petition and retained custody in the maternal grandmother and husband. Father appeals, and we reverse.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:J. Roland Reid |
Haywood County | Court of Appeals | 01/25/01 | |
| Alfredia J. Leach v. Henry I. Siegel Company, Inc.,
W1999-00923-WC-R3-CV
The defendants, Henry I. Siegel Co., Inc. and Royal Insurance Company (H.I.S.), appeal the judgment of the Circuit Court for Carroll County awarding the plaintiff, Alfredia Leach (Leach), fifty percent (5%) permanent partial disability to her right arm and twenty percent (2%) permanent partial disability to her left arm as being excessive. For the reasons stated in this opinion, we affirm the judgment of the trial court but modify the award to a single award of thirty-five percent (35%) permanent partial disability to both arms.
Authoring Judge: W. Michael William Michael Maloan, Special Judge
Originating Judge:Julian P. Guinn, Judge |
Henry County | Workers Compensation Panel | 01/25/01 | |
| Rodney Stafford v. Sara Lee Corporation,
W2000-00705-WC-R3-CV
Employee was cleaning a machine at work while it was running, in violation of safety rules, and received an injury to his hand and arm. The trial court found willful misconduct and refused worker's compensation benefits. The panel finds that the evidence fails to preponderate against the Chancellor's findings, and affirms.
Authoring Judge: Joe H. Walker III, Sp. J.
Originating Judge:R. Lee Moore, Jr., Judge |
Dyer County | Workers Compensation Panel | 01/25/01 | |
| Reid vs. Lutche
M1997-00229-COA-R3-CV
This appeal involves a prisoner's challenges to the Department of Correction's inmate grievance procedures and to an unfavorable disciplinary decision. After the Department denied his requests for a declaratory order, the prisoner filed suit in the Chancery Court for Davidson County seeking declaratory relief and judicial review of the disciplinary proceeding. The trial court dismissed the prisoner's suit because it failed to state a claim upon which relief could be granted. We affirm.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 01/24/01 | |
| Zahreddine vs. Choi
M2000-01281-COA-R9-CV
This appeal involves the timeliness of a personal injury complaint. Two days before the expiration of the statute of limitations, the plaintiffs' lawyer placed an envelope containing a complaint and summons in a commercial delivery service's drop-off receptacle in Williamson County. Even though the envelope bore the courthouse address of the Clerk of the Circuit Court for Davidson County, the commercial delivery service delivered the envelope to a central governmental mail room on the day the statute of limitations expired. However, the central mail room did not physically deliver the envelope to the trial court clerk's office until three days later. The defendant later filed a motion for summary judgment in the Circuit Court for Davidson County, asserting that the complaint was time-barred. The trial court denied the motion but granted the defendant permission to pursue an interlocutory appeal. We have determined that the defendant is entitled to a judgment as a matter of law because the plaintiffs' complaint was not timely filed with the trial court clerk as required by Tenn. R. Civ. P. 3.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 01/24/01 | |
| Franklin Miller vs. Dept. Human Serv.
W2000-01088-COA-R3-CV
This case involves a denial of Medicaid benefits. The State of Tennessee Department of Human Services denied petitioner's application for Medicaid on a resource assessment which showed that petitioner had financial resources in excess of the $2,000.00 limit. The trial court found that the administrative agency incorrectly included petitioner's life insurance policy in the resource assessment and reversed the agency's order denying eligibility. The trial court remanded the case to the administrative tribunal to allow the petitioner to present further evidence regarding the percentage of ownership interest the petitioner had in the remaining assets. The Department of Human Services appeals. We affirm in part and reverse in part.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 01/24/01 | |
| Audrey Moss vs. Sheila Sankey
W2000-00659-COA-R3-CV
This appeal arises from a negligence action arising out of a vehicular accident. Driver was turning onto a main road from a side street without the right-of-way. As she emerged from the side street, she was struck by Worker, an employee of Company, whose wrecker had been driving on the road. The collision diverted the wrecker into the oncoming lanes of traffic, where it struck a car driven by Plaintiff. Plaintiff brought suit against Driver, Worker and Company for her injuries. A jury found Driver 100% liable for the injuries. Plaintiff appealed stating that the verdict was against the preponderance of the evidence, that the judge had incorrectly denied a motion for a new trial, and that a sleeping juror had violated Plaintiff's right to a trial by jury. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 01/24/01 | |
| Annie Truett, Glenda & Marvin Plunk vs. Wayne Bowman
W2000-00514-COA-R9-CV
This is a medical malpractice case. The plaintiff's decedent allegedly was improperly intubated in preparation for hip replacement surgery. The plaintiff sued the orthopedic surgeon, the nurse anesthetist, and two anesthesiologists involved in the surgery. The trial court entered summary judgment in favor of the surgeon, based in part on the assertion of the surgeon and his attorney that the surgeon was responsible only for the orthopedic aspect of the decedent's care. Two years later, the other defendants, also represented by the same attorney who represented the surgeon, testified in depositions that, in contrast to the surgeon's assertions, the surgeon had broad responsibility for the decedent's care. In light of this testimony, the trial court granted the plaintiff's motion to set aside the order of summary judgment in favor of the surgeon. The surgeon's request for interlocutory appeal of this decision was granted. We now affirm, finding that the trial court did not abuse its discretion in setting aside its previous order of summary judgment.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Roy Morgan |
Madison County | Court of Appeals | 01/24/01 | |
| Roland Schnider vs. Carlisle Corp.
W2000-01695-COA-R3-CV
This is a breach of contract case in which Plaintiff, a chef, claims he entered into an employment contract of a definite term. Plaintiff and Defendant engaged in negotiations aimed at having Plaintiff open and manage a restaurant. Defendant produced a final draft of the agreement which included salary, bonuses, and an ownership interest in the restaurant. Neither side executed the written agreement, but Plaintiff went to work for Defendant and both parties partially performed the terms of the writing. Defendant terminated Plaintiff's employment several months later, and Plaintiff filed this action for breach of contract. The trial court, sitting without a jury, found that no contract existed between the parties and Plaintiff appeals. We vacate and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 01/24/01 | |
| Exxon Corp. vs. Metro Gov't, et al
M2000-00614-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 01/24/01 | |
| Exxon Corp. vs. Metro Gov't, et al
M2000-00614-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 01/24/01 | |
| Sandra Allman vs. Hut's, Inc.
W2000-01829-COA-R3-CV
This appeal arises from the alleged fall of the Appellant outside the Appellee gas station and convenience store. The Appellant brought a complaint against the Appellee in the Circuit Court of Gibson County, alleging that the Appellee negligently maintained its premises which was a proximate cause of the Appellant's injuries. The Appellee filed a motion for summary judgment, alleging that the Appellant was unable to prove that the Appellee owed a duty to the Appellant or breached a duty. The trial court granted the Appellee's motion for summary judgment. The Appellant appeals the grant of summary judgment in favor of the Appellee by the Circuit Court of Gibson County. For the reasons stated herein, we reverse the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Mark Agee |
Gibson County | Court of Appeals | 01/23/01 | |
| State of Tennessee v. Judy Martin
W2000-01472-CCA-R3-CD
The Defendant was convicted by a jury of introducing drugs into a penal institution. She was sentenced to three years incarceration, suspended after ninety days. In this appeal as of right, the Defendant challenges the sufficiency of the evidence and her term of confinement. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge C. Creed McGinley |
Carroll County | Court of Criminal Appeals | 01/23/01 |