Jerry D. Adcock and wife, Nancy M. Adcock, v. James F. Witcher, Jr.
This is an appeal by plaintiffs/appellants, Jerry and Nancy Adcock, from the judgment of the trial court in favor of defendant/appellee, James F. Witcher. |
Davidson | Court of Appeals | |
Katherine Montgomery Price v. Thomas Bradley Price - Concurring
The sole issue presented by the appellant is: "Did the trial court err by awarding custody of the appellant's minor child to a third party?" |
Wilson | Court of Appeals | |
June R. Husted, mother and next-of-kin of Todd F. Husted, Deceased, v. Everett Echols, III, M.D., Metropolitan Government of Nashville and Davidson County, et al.
This is a suit for wrongful death by suicide allegedly resulting from negligence of the defendant, a psychiatrist. After a jury could not agree upon a verdict, the Trial Judge directed a verdict and dismissed the suit. Plaintiff has appealed and presented a single issue as follows: |
Davidson | Court of Appeals | |
Carolyn Louise Taylor Perkins v. John Bauman Perkins, Jr., - Concurring
This is a divorce case in which Wife appeals the judgment of the trial court regarding, inter alia, the division of marital property and the trial court's allowance of expert testimony. |
Davidson | Court of Appeals | |
Donna Faye Glover England, v. Richard Piercey
This is a grandparent's visitation case. Plaintiff, Donna Faye Glover England, is the maternal grandmother of Skylar Piercey, age four. Skylar's natural mother died in December of 1993. Skylar's natural father, Richard Piercey, now refuses to allow England to see Skylar. England filed a petition for grandparent visitation. The trial court dismissed the case based upon the Tennessee Supreme Court decision of Hawk v. Hawk, 855 S.W. 2d 573 (Tenn. 1993), reasoning that Hawk allows Piercey as the natural father, to deny England the right to see Skylar in the absence of a showing of substantial harm to the child. We affirm the decision of the trial court. |
Court of Appeals | ||
Delo Brock, v. Tennessee Department of Corrections
The Chancery Court of Davidson County dismissed the appellant's petition for declaratory judgment, filed pursuant to Tenn. Code Ann. § 4-5-223, to review the Department of Correction's calculation of the credits due on his prison sentences. The chancellor concluded that the appellant had failed to exhaust his administrative remedies. |
Davidson | Court of Appeals | |
Lisa Jones, Charlotte Tackett, and Jenetta Brock, v. James Davenport, Commissioner, Tennessee Department of Employment of Security and Lake City Health Care Center
Appellants' appeal from the Chancellor's determination that the denial of unemployment benefits was properly based on the employees' misconduct connected with their work.
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Court of Appeals | ||
Marika Petra Vickers, v. Nicholas Scinta
This is a suit to register and enforce a foreign divorce decree. The only issue on appeal is the proper amount of the judgment for delinquent child support. |
Montgomery | Court of Appeals | |
Terry LaClaire (Smith) Martin, v. Ray Willard Martin
The General SessionsCourt of Wilson County granted the wife a divorce after a six month marriage. The court ordered the marital residence sold and the wife paid $2,000 for her attorney's fees and $10,000 to equalize her equity in the property. After the deductions, the balance of the equity was to be split evenly between the parties. |
Wilson | Court of Appeals | |
Nancy K. Wheeler Poyner, v. Alden Dennis Poyner
This is a divorce case in which the Wife appeals the trial court's division of marital property and the court's award of custody to the Husband. |
Humphreys | Court of Appeals | |
Strings & Things, v. State Auto Insurance Companies
This appeal involves a suit to recover on a policy of insurance covering employee dishonesty. Plaintiff, Strings & Things in Memphis, Inc., appeals from the judgment of the chancery court in a nonjury trial that dismissed its suit against defendant, State Auto Insurance Companies. The only issue on appeal is whether the evidence preponderates against the findings of the chancellor. |
Shelby | Court of Appeals | |
The Wright Jeweler's, Inc., v. Farmer's Fund Insurance Company, D/B/A The American Insurance Company
This is a declaratory judgment action to determine coverage under aninsurance policy. Plaintiff, Wright Jewelers, Inc., appeals from the order of the trial court denying its motion for summary judgment and granting summary judgment to defendant, Firemen's Fund Insurance Company, d/b/a The American Insurance Company. |
Court of Appeals | ||
Daniel H. Caldwell v. Jimmy L. Fishburn and Brenda Fishburn - Concurring
The Defendant, Brenda Fishburn, has appealed from an order denying her motion to set her counterclaim for trial. The motion was filed more than two years after an order had been entered dismissing the counterclaim and approximately 18 months after an agreed compromise decree had been entered dismissing the claims of all parties to the litigation. |
Sevier | Court of Appeals | |
Nathaniel Lillard and wife Pelinda Lillard, v. Richard H. Pinckley and Courier Printing Co., Inc.
This appeal involves the dismissal of a nine-year-old personal injury action stemming from a collision between a truck and an automobile that was part of a funeral procession. The driver of the automobile and his wife filed suit in the Circuit Court for Davidson County against the owner and driver of the truck. Following two non-suits, the plaintiffs filed their third complaint more than five years after taking their first non-suit. The trial court granted the defendants’ motion for summary judgment based on the statute of limitations. The plaintiffs assert on this appeal that the trial court’s decision is inconsistent with the “spirit” of the savings statute as recently construed by the Tennessee Supreme Court. We affirm the summary judgment and also find that this appeal is frivolous. Accordingly, we remand the case for the determination of damages for a frivolous appeal. |
Davidson | Court of Appeals | |
Joseph F. Mansfield, v. Deborah Ann Wills Mansfield
This appeal involves a divorce that ended a brief, unhappy marriage. Both the husband and the wife sought a divorce in the Chancery Court for Williamson County. The trial court, sitting without a jury, declared the parties divorced and directed the husband to pay certain pre-divorce debts and to continue making pendente lite support payments until the wife received her share of the increase in the parties’ net worth during the marriage. The trial court later ordered the husband to pay the wife an additional $4,405 for the legal expenses she incurred to compel compliance with her discovery requests. The husband insists on this appeal that the trial court should not have required him to assume the debts the wife incurred prior to the divorce or to pay the wife’s discovery-related legal expenses. We have determined that the evidence supports the trial court’s decision on both issues and, therefore, affirm the judgment |
Williamson | Court of Appeals | |
C.A. Hobbs, Jr., Inc., v. David Brainard, Susan B. Reyes, and Carol B. Ham
This is an appeal by defendants/appellants from the trial court's order granting plaintiff/appellee's motion for summary judgment and the resulting judgment entered in favor of plaintiff/appellee, C.A. Hobbs, Jr., Inc. ("Hobbs"). |
Montgomery | Court of Appeals | |
State of Tennessee, Upon Relation of Lloyd R. Adams, Murphy W. Ralston, and W.C. Tallant, v. City of Murfeesboro, Tennessee
This is a suit to invalidate an annexation ordinance of the City of Murfreesboro. The plaintiff appealed from the dismissal of his suit, although neither party questioned the adequacy of the description of the land to be annexed. On October 26, 1994, this Court filed an opinion pointing out the infirmities of the ordinance and remanded to allow such infirmities to be remedied. |
Rutherford | Court of Appeals | |
Davis Group (MC), Inc., v. The Metropolitan Government of Nashville and Davidson County, and The Metropolitan Planning Commission
This is a proceeding for judicial review of the action of the Metropolitan Council, the elected legislative body of the Metropolitan Government of Nashville and Davidson County, Tennessee, in refusing to concur in the action of the Metropolitan Planning Commission approving a "Planned Unit Development." The Trial Court reversed the action, and the City filed notice of its "intention to appeal" which, in the absence of challenge, will be treated as a notice of appeal. |
Davidson | Court of Appeals | |
Net Realty Holding Trust, v. James D. Maggart and Dorothy Maggart
Net Realty Holding Trust ("NET") the owners of commercial property in Hermitage, Tennessee, brought an action to collect rent after the tenants, James and Dorothy Maggart, (doing business as "The Video Place") surrendered the premises. The Davidson County Chancery Court held that NET was estopped from collecting rent through the end of the lease term. |
Davidson | Court of Appeals | |
James William Miller, Jr., v. Sherry Prentice-Miller
In this divorce case the appellant attacks a divorce decree entered nunc pro tunc and also raises issues relating to the property division, alimony, and attorney's fees. The appellee attacks the court's division of property in accordance with an antenuptial agreement. We affirm. |
Montgomery | Court of Appeals | |
Kathy L. Russell and William A. Russell v. The City of Lawrenceburg
Defendant, City of Lawrenceburg, has appealed from the trial court's finding that the proximate cause of the accident in which plaintiffs suffered injuries and damages was the negligence of the City of Lawrenceburg's agent and employee, Officer George L. Barturen. |
Lawrence | Court of Appeals | |
Jerry Collins D/B/A Westside Equipment Company, Inc. v. Greene County Bank
In this dispute between plaintiff borrower and defendant lender, the Trial Court entered summary judgment for the defendant and plaintiff has appealed.
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Greene | Court of Appeals | |
Dempel Earps, v. Irene S. Earps, Ronnie Earps, and Greg Earps
The plaintiff in the trial court claimed title to a disputed area of land by adverse possession. The chancellor found that the disputed property was not within the calls of the plaintiff's deed and that the plaintiff had failed to establish a prescriptive title by twenty years of adverse possession. We affirm. |
Macon | Court of Appeals | |
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