Melissa Taylor vs. Terry Taylor Jr. W2001-02247-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Joe C. Morris
Husband moved the trial court to set aside a default judgment and permanent parenting plan in this divorce action on the basis that the final decree and permanent parenting plan differed significantly from the relief sought in the complaint and temporary parenting plan filed by Wife. The trial court denied the motion and Husband appeals. We reverse the decision of the trial court insofar as it failed to grant Husband the relief sought.
Chester
Court of Appeals
Offroad Performance vs. John Walls W2001-02563-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Robert L. Childers
This is a breach of contract case. The parties had an oral contract for the sale of goods. The plaintiff seller asserted that the parties orally agreed on a price of $23,000; the defendant buyer paid $10,000 in advance of shipment. The buyer maintained that his $10,000 payment was the entire agreed sale price. The trial court found that the sale price was $23,000. The defendant appeals, arguing that Tennessee's statute of frauds prohibited enforcement of the contract beyond the price admitted by the defendant. We affirm, finding that, once the defendant admitted the existence of an oral contract, the trial court could determine the contract's terms based on witness testimony and other relevant evidence.
Shelby
Court of Appeals
Richard Madkins vs. State W2001-03002-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Plaintiff was convicted of especially aggravated robbery and attempted felony murder. The trial court sentenced Plaintiff to two consecutive sentences of sixty years for each count. In an opinion filed on March 22, 1999, the Tennessee Supreme Court reversed Plaintiff's conviction for attempted felony murder, concluding that the offense did not exist in Tennessee. On March 28, 2001, Plaintiff sued the State of Tennessee in the Division of Claims Administration. The State filed a motion to dismiss Plaintiff's action, which the Claims Commission granted. Plaintiff appeals the decision of the Claims Commission. We affirm.
Shelby
Court of Appeals
Larry Littles vs. Donal Campbell W2002-00265-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Martha B. Brasfield
Petitioner, an inmate of the Tennessee Department of Correction, filed a petition for writ of certiorari, seeking judicial review of a disciplinary hearing at which the disciplinary board found him guilty of Conspiracy to Violate State Law and sentenced him to punitive segregation. The trial court granted respondents' motion to dismiss for, inter alia, failure to state a claim. We affirm.
Lauderdale
Court of Appeals
W2002-00301-COA-R3-CV W2002-00301-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Martha B. Brasfield
Lauderdale
Court of Appeals
Sherry Hall v. Mark Hall M2000-01788-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Royce Taylor
This is a divorce case. The wife was awarded more than half of the martial assets and alimony in futuro in amounts that would step down after three years and end when the wife reaches retirement age. In addition, the trial court awarded the wife, in lieu of attorney's fees, ownership in a life insurance policy on the husband's life. The husband now appeals the trial court's division of marital property, the award of alimony in futuro, and the award relating to attorney's fees. We affirm the trial court's division of marital property and the award relating to attorney's fees, but we reverse the trial court's award of alimony in futuro and instead award rehabilitative alimony.
Rutherford
Court of Appeals
Melody Knowles v. Jack Knowles M2001-01282-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Russell Heldman
Wife sued for divorce on grounds of inappropriate marital conduct and adultery. The trial court granted Wife an absolute divorce, awarded her alimony in futuro and attorney fees, and ordered Husband to pay Wife's health insurance costs. Husband appeals. We reverse in part and affirm in part.
Lewis
Court of Appeals
Ben Houston v. Michele Houston M2001-02538-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Muriel Robinson
In this post-divorce proceeding, the appellant, Ben Thomas Houston (hereinafter "Father"), filed a petition for modification of child support. The trial court increased Father's child support obligation and awarded the appellee, Michelle Houston (hereinafter "Mother"), attorney's fees. Father appeals. We affirm.
Charles Montague vs. Ron Street E2001-02805-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Jean A. Stanley
Washington County -This is a suit by Charles Montague, an inmate of the Penal System of this State, who was convicted of first degree murder and is presently serving a life sentence. The Defendants are Ron Street, Chief of Police of the City of Johnson City and Washington County.
Washington
Court of Appeals
Connie Otis vs. Lily Frye E2001-02848-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Russell E. Simmons, Jr.
Plaintiff claimed damages from defendant's motor vehicle sliding into plaintiff's vehicle. The jury returned a verdict for defendant. On appeal, we affirm.
Loudon
Court of Appeals
Jack Parks ex rel. Michael Parks vs. Timothy Hopkins E2001-00830-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Thomas J. Seeley, Jr.
Jack Parks, in his capacity as Conservator for his son, Michael Parks, sued Timothy Hopkins seeking compensatory and punitive damages based upon allegations essentially reciting that the defendant wrongfully converted funds belonging to the plaintiff's ward, who is apparently incompetent to handle his own affairs. At the conclusion of the plaintiff's proof at a bench trial, the defendant moved to dismiss the complaint pursuant to Tenn. R. Civ. P. 41.02. The trial court found that the complaint was filed outside the applicable statutes of limitations and that the plaintiff had not sustained his burden of proof "under any theory." A judgment was entered dismissing the complaint in its entirety. We affirm.
Washington
Court of Appeals
Alexis Johnson and wife vs. Jessie Malone E2001-02106-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Frank Brown, III
Plaintiffs alleged their neighbor's chicken houses constituted a nuisance and sought abatement. The Chancellor determined the operation was not a nuisance. On appeal, we affirm.
Hamilton
Court of Appeals
Rhea County vs. Town of Graysville E2001-02313-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Frank V. Williams, III
In this appeal we are called upon to determine whether the Trial Court erred in its finding that the Appellee Town of Graysville's validly annexed certain territory within the boundaries of Appellant Rhea County. We affirm the judgment of the Trial Court.
Rhea
Court of Appeals
Truan Meek vs. Earl Hall, dba Hall Realty & Auction E2001-02474-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Dale Young
Sessions Court entered default judgment against defendant. Defendant attempted to appeal to Circuit Court where that Court held appeal was not timely and Court had no jurisdiction. We vacate and remand.
Blount
Court of Appeals
E2001-02480-COA-R3-CV E2001-02480-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: O. Duane Slone
Ronnie Bradfield vs. James Dukes W2001-02067-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Martha B. Brasfield
Appellant is an inmate housed in the custody of the Tennessee Department of Corrections (TDOC). Appellant filed a writ of certiorari with the trial court asserting that the TDOC violated his rights under the Americans with Disabilities Act and section 1983 of the U.S. Code. Appellant also claimed that the parole board refused to provide scheduled parole hearings in 1994 and 1995. The trial court dismissed the case ruling that a writ of certiorari was not proper in this case, that Appellant did not exhaust his administrative claims, and that the petition was not timely. For the reasons below, we affirm the trial court's dismissal of the case.
Pelilia San Juan-Torregosa, et al vs. Engracia Torregosa Garcia, et al. E2001-02906-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Daryl R. Fansler
Patient in "chronic vegetative state" is on life support, i.e., nutrition by "percutaneous endoscopic gastrostomy". The trial court found by clear and convincing evidence that patient would not want to be subjected to artificial nutrition. However, the court ruled since she had not executed a living will, the court had no authority to authorize discontinuance of the artificial nutrition. On appeal, we reverse.
Knox
Court of Appeals
State vs. Florence Harrell E2001-01710-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Billy Joe White
In this appeal from the Chancery Court for Union County the Petitioner/Appellant, the State of Tennessee ex rel. Thomas J. Harrell, contends that the Chancery Court erred in denying the State a judgment against the Respondent/Appellee, Florence E. Harrell, for retroactive child support and for reimbursement of AFDC benefits paid by the State on behalf of Mr. Harrell and his and Ms. Harrell's two minor children. We affirm the judgment of the Chancery Court.
Effie Louise Hayes vs. Roger Strutton, et al E2001-01765-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Jackie Schulten
Plaintiff/Appellant, Effie Louise Hayes, appeals the Hamilton County Circuit Court's judgment on the pleadings dismissing her complaint wherein she asserted that the Defendants/Appellees, Roger Strutton, Betty Strutton, Gary Lester and Mark Rothberger, defrauded her of real property. We affirm the judgment of the Circuit Court.
Hamilton
Court of Appeals
Dept of Children's Services vs. C.H.H. In Re: A.N.R. E2001-02107-COA-R3-CV
Trial Court Judge: Carey E. Garrett
The State of Tennessee, Department of Children's Services ("DCS") filed a petition seeking to terminate the parental rights of C.H.H. ("Father"), the biological father of the minor child, A.N.R. ("Child"). The Trial Court granted DCS' petition to terminate Father's parental rights. Father appeals. We affirm as modified and remand.
