| Ernest Frye vs. Blue Ridge Neuroscience Center, et al
E2000-02155-COA-R9-CV
Plaintiff sued Defendants on November 25, 1998, alleging medical malpractice. Summonses were issued but never served on Defendants or returned to the court. Process was never reissued on the first Complaint. A voluntary nonsuit was entered by the Trial Court on June 8, 1999. On November 22, 1999, Plaintiff refiled a similar lawsuit, process issued, and Defendants were served the next day. Defendants filed summary judgment motions claiming that the statute of limitations had run because Plaintiff failed to have process reissued on the first Complaint as required by Rule 3 of the Tenn. R. Civ. P. Plaintiff claimed compliance with Rule 3, and, therefore, that the second lawsuit was filed within the statute of limitations. The Trial Court denied the summary judgment motions after determining that Defendants had actual notice of the first lawsuit and thus the spirit of the rules had been complied with. The Trial Court granted Defendants' request for an interlocutory appeal. We granted this interlocutory appeal to decide whether Plaintiff can comply with Rule 3 of the Tenn. R. Civ. P. not by obtaining issuance of new process in his original lawsuit within the one year period provided for in Rule 3, but instead by voluntarily dismissing the first lawsuit and refiling a similar lawsuit with the issuance of process in the second lawsuit within the one year period. Our answer is "no." We reverse the decision of the Trial Court.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John S. Mclellan, III |
Sullivan County | Court of Appeals | 02/16/01 | |
| M1998-0987-COA-R12-CV
M1998-0987-COA-R12-CV
|
Court of Appeals | 02/16/01 | ||
| Gary Willingham vs. Gallatin Group, Inc., et al
M1998-00990-COA-R3-CV
This appeal involves a dispute between a secured creditor and two local governments regarding the priority of their claims against the proceeds from the sale of the assets of a judicially dissolved corporation. Following a bench trial, the Chancery Court for Sumner County held that the local governments' claims for delinquent business taxes had priority over the claim of the secured creditor. We have determined that the secured creditor's claim should have been given priority over the local governments' claims and, therefore, reverse the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 02/16/01 | |
| M1998-0987-COA-R12-CV
M1998-0987-COA-R12-CV
|
Court of Appeals | 02/16/01 | ||
| Opinion With Judge Cain Specifically Concurring In Part Vi Thereof. P
M1998-00987-COA-R12-CV
Authoring Judge: Judge William B. Cain
|
Court of Appeals | 02/16/01 | ||
| State of Tennessee v. Graylin Burton
M1999-01997-CCA-R3-PC
The Defendant pleaded guilty to rape. After a hearing, he was sentenced as a Range I, standard offender to eleven years and six months in confinement. The Defendant appealed and asks this Court to shorten his sentence. He contends that the trial court misapplied an enhancement factor and failed to apply at least two mitigating factors. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 02/16/01 | |
| State ex rel Debbie Whitfield vs. Michael Honeycutt
M1999-00914-COA-R3-CV
Appellant, who was married to the mother at the time of the child's birth, responded to a petition for contempt regarding past due child support with a request to determine paternity of the child. A paternity test is irrelevant in this case because even proof that he is not the child's father would not be a defense to contempt for failure to comply with a valid court order. We affirm the trial court's denial of the request.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Carol A. Catalano |
Robertson County | Court of Appeals | 02/16/01 | |
| State of Tennessee v. Robert Earl Syler
M2000-00735-CCA-R3-CD
The Defendant was charged with rape and convicted of that offense after a jury trial. In this appeal as of right, the Defendant contends that the trial court committed reversible error in refusing to instruct the jury on the offense of statutory rape. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 02/16/01 | |
| State of Tennessee v. Colico S. Walls
W2000-00637-CCA-MR3-CD
A Shelby County jury convicted the defendant of felony escape and theft of property over $1,000. The trial court sentenced the defendant to consecutive sentences of four years for escape and seven years for theft, for an effective sentence of eleven years. In this appeal, the defendant alleges (1) the evidence is insufficient to sustain the defendant's conviction for escape; (2) the escape statute is unconstitutionally vague; and (3) the trial court erroneously failed to instruct the jury on attempted
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Chris B. Craft |
Shelby County | Court of Criminal Appeals | 02/15/01 | |
| Rick Richards vs. Traci Domalik
E2000-01882-COA-R3-CV
This is a tort action arising out of an accident involving a bicycle and an automobile. The plaintiff was riding his bicycle on the shoulder of the highway facing traffic. The driver of the automobile was to the plaintiff's left and was preparing to turn right out of the premises of a restaurant onto the highway. As the plaintiff moved to his left and started to pass in front of the automobile, the vehicles collided and the plaintiff was injured. The plaintiff brought this action seeking to recover compensatory damages. The jury returned a verdict for the defendant, finding the plaintiff 75% at fault. The plaintiff appeals, asserting, inter alia, that the jury charge was erroneous and that this error warrants a new trial. We vacate the judgment below and remand for a new trial.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John K. Wilson |
Hawkins County | Court of Appeals | 02/15/01 | |
| City of Church Hill vs. Patrick Reynolds, III
E2000-01376-COA-R3-CV
Patrick H. Reynolds, III ("Defendant") was issued a Misdemeanor Citation alleging violations of multiple city ordinances of the City of Church Hill ("Plaintiff") over a one-month period. Defendant was found guilty in the Church Hill City Court of violating these ordinances. Defendant appealed to the Hawkins County Circuit Court which likewise found the Defendant guilty of violating the ordinances. The Circuit Court, however, found Defendant guilty of several violations on days for which the Defendant was tried by the City Court with no finding of guilt by the City Court. Because Defendant cannot be placed in double jeopardy for violations of these municipal ordinances, we reverse the judgment of the Circuit Court finding Defendant guilty for violations on days for which Defendant was tried by the City Court with no finding of guilt made by the City Court. We affirm the Circuit Court's determination with regard to the remaining violations.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John K. Wilson |
Hawkins County | Court of Appeals | 02/15/01 | |
| Donna Winstead, et al v.Claiborne County Hospital and Nursing Home
E2000-02214-COA-R3-CV
In this wrongful death action, the Trial Court held that defendant's nurses met the standard of care required of them in the treatment and care of the deceased, and dismissed the case. On appeal, we reverse and enter Judgment for damages.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Conrad E. Troutman, Jr. |
Claiborne County | Court of Appeals | 02/15/01 | |
| Town of Greeneville vs. John O. Hardin, et al
E2000-00827-COA-R3-CV
This is a suit by the Town of Greeneville to condemn a right-of-way for a sanitary sewer line over the property of John O. Hardin and Peggy Hardin, Defendants. The Hardins contested Greeneville's right to condemn in the Trial Court and, after an adverse ruling, appeal to this Court. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:John K. Wilson |
Greene County | Court of Appeals | 02/15/01 | |
| Bobby Everett, et al vs. Gordon McCall, M.D.
E2000-02012-COA-R3-CV
The complaint in this medical malpractice case was dismissed on motion for summary judgment. The plaintiff filed a Rule 56.07 Response to the motion, requesting additional time within which to take the defendant's deposition for the purpose, inter alia, of ascertaining his thought processes during the 27-day period he treated the plaintiff for a gastroenterological condition which ended in her death. The request for additional time was denied, and the motion for summary judgment was granted because the affidavit of the defendant was not countervailed. The judgment is reversed.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 02/15/01 | |
| Melanie Conger vs. Timothy Gowder, M.D.
E2000-01584-COA-R3-CV
In this medical malpractice case arising out of surgery, the trial court granted the defendant summary judgment on the plaintiff's claims of surgical negligence and lack of informed consent. The plaintiff appeals, arguing (1) that disputed issues of material fact exist that make summary judgment inappropriate and (2) that the trial court erred in refusing to allow the plaintiff to take the depositions of the defendant and another physician pending a hearing on the defendant's motion for summary judgment. Because we find that the trial court erred in refusing to allow the plaintiff to take the subject depositions, we vacate the grant of summary judgment and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 02/15/01 | |
| Tammy Kline, et al vs. Daniel Eyrich, et al
E2000-01890-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 02/15/01 | |
| Tammy Kline, et al vs. Daniel Eyrich, et al
E2000-01890-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 02/15/01 | |
| Tammy Kline, et al vs. Daniel Eyrich, et al
E2000-01890-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 02/15/01 | |
| Terry Hahn vs. Thomas Hahn, et al
E2000-00330-COA-R3-CV
An intra-family business transaction which occurred nearly 30 years ago fomented this litigation involving an undisclosed interest in a hotel in Gatlinburg. The original parties are former spouses; the intervenors are their children. The complaint was dismissed on motion for summary judgment. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Telford E. Forgerty, Jr. |
Knox County | Court of Appeals | 02/15/01 | |
| State of Tennessee v. Rickey Williams
W1999-01701-CCA-R3-CD
Defendant challenges his conviction for premeditated first degree murder for which he received a sentence of life imprisonment. He presents the following issues for our review: (1) whether the evidence was sufficient to support the verdict; (2) whether the trial court erred in admitting evidence of a prior bad act; and (3) whether the trial court erred in admitting hearsay. We affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Chris B. Craft |
Shelby County | Court of Criminal Appeals | 02/15/01 | |
| Servpro Industries, Inc. vs. Stephen Pizzillo
M2000-00832-COA-R3-CV
The trial court granted all of a franchisor's claims against its former franchisee, and dismissed all the franchisee's counterclaims. Among other things, the court found that after the expiration of his franchise, the franchisee had entered into a competing business, in violation of an enforceable non-compete clause in the franchise agreement, and enjoined the franchisee from any further violations. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Arthur E. Mcclellan |
Sumner County | Court of Appeals | 02/14/01 | |
| Linda Parnham vs. Wayne Parnham
M1998-00915-COA-R3-CV
This appeal involves the continuing obligation of a non-custodial parent to pay child support following a discharge in bankruptcy. The custodial spouse filed a petition in the Circuit Court for Davidson County seeking to enforce the modified child support provision in their marital dissolution agreement. The non-custodial parent responded that his discharge in bankruptcy relieved him of any further obligation to pay this support. Following a hearing, the trial court held that the non-custodial spouse's Chapter 7 bankruptcy did not discharge his child support obligation but denied the custodial spouse's requests for attorney's fees and for a wage assignment. Both parties have appealed. We have determined that the trial court properly concluded that the non-custodial spouse's child support obligation had not been discharged but that the trial court erred by declining to award the custodial spouse her attorney's fees and by refusing to grant her request for a wage assignment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 02/14/01 | |
| J.W. Hargrove, et al vs. Larry Carlton, et al
M2000-00250-COA-R3-CV
After the defendant landowners placed gates across a roadway that ran through their land, some adjoining landowners filed suit to have the gates removed. The plaintiffs argued that the roadway was a public road, or in the alternative that they had acquired prescriptive rights to use it. The trial court ruled for the defendants. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 02/14/01 | |
| Deborah Harvey vs. Felipa Covington, d/b/a Choice Corporate Training Int'l.
M2000-01184-COA-R3-CV
This appeal arises from a business dispute between the parties. Businesswoman and Investor signed letter of intent to create limited liability company. Business then began operation. Thereafter, several operational disputes arose between the parties, as well as disputes over Businesswoman's use of Business funds. The trial court determined that Businesswoman had defrauded Investor of invested funds and awarded Investor those funds. Investor was also awarded back pay promised by Businesswoman through Business. We find that a partnership agreement existed between the parties and reverse the trial court's judgment. The case is remanded for rescission of the partnership on the basis that it was created under fraudulent circumstances. The trial court's decision to deny attorney's fees requested by Businesswoman is affirmed.
Authoring Judge: Judge David R. Farmer
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 02/14/01 | |
| Ginger Vooys vs. Robert Turner, Jr.
M1999-00504-COA-R3-CV
The sole issue presented in this appeal is the propriety of the trial court's award to Wife of postjudgment interest on funds Husband deposited in the office of the clerk of the trial court prior to the appeal of the final order divorcing the parties. The funds represent the purchase price of the marital residence which had been awarded to Wife. Exercising an option to purchase the house, Husband deposited $185,000 with the court clerk and tendered it in open court. Then Husband appealed various portions of the final order, including the award of the house to Wife; he also moved to stay the execution and enforcement of that and other portions of the judgment without paying a bond on the ground that the funds he had already deposited should relieve him of the necessity of posting an additional bond. The motion also requested that the funds be placed in an interest bearing account. The stay of execution was granted, but the motion to deposit at interest was never ruled upon. After the trial court's judgment was affirmed on appeal, Wife filed a motion seeking interest on all money judgments rendered against Husband. The trial court found that Wife was entitled to postjudgment interest on the $185,000. Husband then commenced this appeal. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 02/14/01 |
