Opinion FlashJanuary 2, 2002
Volume 8 Number 001
What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink.
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Howard H. Vogel
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_1231.wpd
MITCHELL THOMAS ANDERSON, et ux. v. DR. KEN WARREN, et ux. Court:TCA Attorneys: David W. Camp, Jackson, For Appellants, The Warrens L. L. Harrell, Jr., Trenton, For Appellees, The Andersons Judge: CRAWFORD First Paragraph: Buyers of home sued sellers for damages resulting from numerous defects in home not disclosed to buyers and in direct contradiction of the representations made about the property. The trial court found sellers had fraudulently misrepresented the condition of the property and awarded damages. Sellers appeal. We affirm. http://www.tba.org/tba_files/TCA/andersonmit.wpd
MYRTLE MAE DALY BROWN, et al. v. NORMA JEAN BELTON DALY Court:TCA Attorneys: G. Keith Rogers and Larry K. Scroggs, Collierville, Tennessee, for the appellants, Myrtle Mae Daly Brown, Willie Myrle Daly Cruse, Mary Elizabeth Daly Wolfe, and T. J. Ward. Joe M. Duncan and R. Porter Feild, Memphis, Tennessee, for the appellee, Norma Jean Belton Daly. Judge: FARMER First Paragraph: This appeal involves the disputed ownership of real property. Appellee claims title to the land by prescription, or in the alternative, under the doctrine of laches. After a jury trial, the trial court entered a judgment in favor of Appellee. Appellants assert that the trial court erred by admitting a check into evidence as proof that Appellee's predecessor in interest lived on the property without the permission of Appellants. We agree that the trial court erred by admitting the check, but we affirm the judgment of the trial court because the record contains material evidence to support the jury's findings and corresponding verdict. http://www.tba.org/tba_files/TCA/brownmyrtle.wpd
RICKY FLAMINGO BROWN, SR. v. C. O. I. MAJORS, et al. Court:TCA Attorneys: Ricky Flamingo Brown, Nashville, TN, pro se Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, Stephanie R. Reevers, Associate Deputy Attorney General, Nashville, TN, for Appellees Judge: HIGHERS First Paragraph: This appeal arises from the dismissal of the Appellant's petition for writ of certiorari seeking review of disciplinary action and the confiscation of property. The Circuit Court of Hardeman County dismissed the Appellant's petition for writ of certiorari for the Appellant's failure to comply with section 41-21-801, et seq. of the Tennessee Code, for lack of subject matter jurisdiction, and for failure to state a claim upon which relief can be granted. The Appellant appeals the dismissal of his petition for writ of certiorari. For the reasons stated herein, we affirm the trial court's decision. http://www.tba.org/tba_files/TCA/brownr.wpd
RICHARD CROWE v. FIRST AMERICAN NATIONAL BANK Court:TCA Attorneys: Andy Rowlett, Nashville; Stephen Craig Kennedy, Selmer, for Appellant, First American National Bank Terry Abernathy, Selmer, For Appellee, Richard Crowe Judge: CRAWFORD First Paragraph: Owner of a pickup truck sued the bank that financed the purchase for conversion after the bank repossessed the truck. The trial court entered judgment on a jury verdict for plaintiff in the amount of $250,000.00. Bank appeals. We affirm in part reverse in part and remand. http://www.tba.org/tba_files/TCA/croweric.wpd
INDYMAC MORTGAGE HOLDINGS, INC. v. JOHN KAUFFMAN, EMMA JO KAUFFMAN, and JOE M. KIRSCH Court:TCA Attorneys: John D. Horne, Memphis, Tennessee, for the appellants, John Kauffman, Emma Jo Kauffman, and Joe M. Kirsch. Steven N. Douglass and Michelle H. Joss, Memphis, Tennessee, for the appellee, Indymac Mortgage Holdings, Inc. Judge: LILLARD First Paragraph: This case involves the equitable subrogation of a mortgage. The plaintiff filed a complaint to enjoin the defendants from executing foreclosure on property and to request equitable subrogation, seeking to have priority over the defendants' lien, which was recorded first. The trial court granted the plaintiff's request for subrogation. The defendants appeal. We reverse, finding that the evidence does not support a grant of equitable subrogation. http://www.tba.org/tba_files/TCA/indymac.wpd
DAN JOHNSON v. CORRECTIONS CORPORATION OF AMERICA, et al. Court:TCA Attorneys: Dan Johnson, Pro Se Tom Anderson, Jackson, For Appellees Judge: CRAWFORD First Paragraph: Plaintiff, an inmate at a correctional facility, filed a complaint against the facility's private management company and its employees, alleging negligence, intentional infliction of emotional distress, assault and battery, medical malpractice under Tennessee state law, and violations of prisoner's rights under the United States Constitution. The trial court dismissed the complaint for failure to state a claim upon which relief can be granted. Inmate appeals. We reverse and remand. http://www.tba.org/tba_files/TCA/johnsondan.wpd
RICHARD LYNN NORTON v. RANDY ECKMAN Court:TCA Attorneys: Richard Lynn Norton, Pro Se. Tom Anderson, Jackson, Tennessee, for the appellee, Randy Eckman. Judge: FARMER First Paragraph: The Plaintiff, an inmate in a correctional facility, has appealed the trial court's grant of Defendant's motion to dismiss for failure to state a claim upon which relief can be granted. We reverse the order of dismissal and remand to the trial court to dispose of the Plaintiff's summary judgment motion. http://www.tba.org/tba_files/TCA/nortonr.wpd
DOROTHY JEAN OWEN, et al. v. GEORGE D. SUMMERS Court:TCA Attorneys: John D. Horne, Memphis, For Appellant, George D. Summers J. Houston Gordon, Covington, For Appellees, Dorothy Jean Owen on relation of Jospeh B. Owen, Jr. Judge: CRAWFORD First Paragraph: This is an action to set aside a warranty deed. Plaintiff-Grantor filed suit on February 11, 1997, to set aside a deed executed July 11, 1989, on the grounds of fraud and mental incompetency. The defendant grantee denied fraud and mental incompetency and affirmatively relied upon the seven-year statute of limitations. Following a jury trial, which ended in a mistrial, the parties stipulated that the case be submitted to the chancellor who conducted the trial for a nonjury determination from the trial transcript and trial exhibits. The chancellor found that the seven-year statute of limitations had been tolled by virtue of the grantor's mental incompetence, the deed was procured by fraud, and that the grantor was mentally incompetent on the date of the execution of the deed. The chancellor rescinded the deed. Defendant-Grantee has appealed. We affirm. http://www.tba.org/tba_files/TCA/owendor.wpd
STATE OF TENNESSEE, ON RELATION OF THE COMMISSIONER OF THE DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF SAID DEPARTMENT v. FRANCES H. PATRICK and FRANK DUNCAN Court:TCA Attorneys: Dennis W. Plunk, Savannah, TN, for Appellants Coburn Dewees Berry, Kristin J. Hazelwood, Nashville, TN, for Appellee Judge: HIGHERS First Paragraph: This appeal involves the owner of an undivided five-sixths interest in property acquiring the remaining one-sixth interest from her co-tenants under the doctrine of title by prescription. The circuit court made finding of facts indicating that the prescriptive holder of the property held the property exclusively and uninterrupted for more than a twenty year period. Further, the circuit court found that no co-tenants were under a disability to assert their rights during the twenty year period and that no permission was given to the prescriptive holder to possess the property. Based on these findings of fact, the circuit court ruled that under the doctrine of title by prescription, the prescriptive holder had acquired full title in the property. For the following reasons, we affirm the decision of the circuit court. http://www.tba.org/tba_files/TCA/patrick.wpd
JOSEPH CARL PIERCE, SR., et al. v. CORRECTIONS CORPORATION OF AMERICA, et al. Court:TCA Attorneys: Joseph Carl Pierce, Sr., Pro Se. Tom Anderson, Jackson, Tennessee, for the appellees, Corrections Corporation of America, Prison Management Services, Inc, Prison Realty Trust, Inc. and Correctional Management Services Corporation. Judge: FARMER First Paragraph: This is an appeal from an order of the trial court granting a motion to dismiss the complaint for failure to state a claim upon which relief can be granted. We reverse in part and affirm in part. http://www.tba.org/tba_files/TCA/piercej.wpd
SCARLETT MARIE SPENCER & PATRICK MENEES SPENCER v. JAMES JUSTIN AYDLOTTE Court:TCA Attorneys: L. L. Harrell, Jr., Trenton, TN, for Appellants Jeffrey A. Smith, Trenton, TN, for Appellee Judge: HIGHERS First Paragraph: This is a suit for the termination of parental rights. The Appellants filed a petition in the Chancery Court of Gibson County to terminate the Appellee's parental rights to his child. Following a hearing, the trial court entered an order denying the Appellants' petition. The Appellants appeal the trial court's order denying the Appellants' petition to terminate the Appellee's parental rights. For the reasons stated herein, we affirm the trial court's decision. http://www.tba.org/tba_files/TCA/spencers.wpd
GUY VARNADOE v. SHELTON McGHEE, JR., et al. Court:TCA Attorneys: Adam M. Nahmias, Memphis, TN, for Appellants John D. Horne, Memphis, TN, for Appellee Judge: HIGHERS First Paragraph: This appeal arises from a breach of contract claim brought by the Appellee against the Appellants in the Chancery Court of Shelby County. The trial court entered a consent order, referring the case to a special master. Pursuant to the consent order, the trial court directed the special master to conduct an investigation and report his findings to the trial court. The special master conducted an investigation and submitted his report to the trial court. The special master concluded that the Appellee was entitled to full payment under the contract but that the Appellants were entitled to a set-off. The trial court entered a judgment in the Appellee's favor and gave the Appellants a set-off. The trial court ordered that the fees approved by the special master be divided equally between the Appellants and the Appellee. The Appellants appeal the entry of a judgment in the Appellee's favor by the Chancery Court of Shelby County. For the reasons stated herein, we affirm in part, reverse in part, and remand to the trial court for further proceedings consistent with this opinion. http://www.tba.org/tba_files/TCA/varnadoeguy.wpd
THOMAS CLINTON WYNNS, III. v. RAE ANN CUMMINGS Court:TCA Attorneys: Harvey Gipson, Memphis, For Appellant, Thomas Clinton Wynns, III Bruce A. Ralston, Memphis, For Appellee, Rae Ann Cummings Judge: CRAWFORD First Paragraph: This case involves a dispute between Thomas Clinton Wynns, III ("Thomas") and Rae Ann Cummings ("Rae Ann"), the son and granddaughter of Mrs. Leola Wynns ("Leola"), concerning Leola's mental capacity and ability to manage her own affairs. Plaintiff, Thomas, holder of a power of attorney from his mother, filed a complaint against the defendant, Rae Ann, seeking to have Rae Ann turn over to him all of Leola's assets in possession of Rae Ann. Rae Ann filed an answer to the complaint and a petition for appointment of a conservator for Leola and for an injunction against Thomas from removing any more of her assets. After a nonjury trial, the trial court found that the court had jurisdiction to appoint a conservator for Leola; that the facts warranted the appointment of a conservator; that the power of attorney held by Thomas and a will executed by Leola in 1998 were void, and that the quit claim deed executed on April 22, 1999, in favor of Thomas, was also void. Thomas appeals. We affirm in part, vacate in part, and remand. http://www.tba.org/tba_files/TCA/wynnstho.wpd
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