MICHAEL GUFFY, ET AL. v. TOLL BROTHERS REAL ESTATE, INC., ET AL.
Court:TCA
Attorneys:
C. Dewees Berry, IV and Kristin J. Hazelwood, Nashville, Tennessee,
for the appellants, Toll Brothers Real Estate, Inc., and Wilson
Concord, L.P.
Jean Dyer Harrison, Nashville, Tennessee, for the appellees, Michael
Guffy and wife, Rosemary Guffy; Joseph Primm and wife, Jacqueline
Primm; Michael Felks and wife, Jennifer Felks; and Glen Fine and wife,
Theresa Fine.
Judge: SUSANO
First Paragraph:
Toll Brothers Real Estate, Inc., and Wilson Concord, L.P.,
(collectively "Toll Brothers"), seek review of the trial court's
order denying Toll Brothers' motion to compel arbitration. Michael
Guffy and his wife, Rosemary Guffy, along with other plaintiffs (all
plaintiffs being herein collectively referred to as "the Guffys"),
filed separate complaints against Toll Brothers alleging, among other
causes of action, that they were fraudulently induced to enter into an
Agreement of Sale ("the Agreement") with Toll Brothers for the
construction and purchase of a residence. A provision in the
Agreement provides that disputes between the parties would be
submitted to arbitration. Based upon this provision, Toll Brothers
moved to stay the court proceedings and to compel arbitration. The
trial court denied Toll Brothers' motion, finding that the arbitration
provision did not apply to the Guffys' claim of fraudulent inducement
to enter into the contract. The trial court also held that the
arbitration provision was invalid because it was not initialed or
additionally signed as required by the Tennessee Uniform Arbitration
Act ("the TUAA"). Arguing that the Federal Arbitration Act ("the
FAA") governs the parties' arbitration agreement, Toll Brothers
appeals. We vacate the trial court's order denying arbitration and
remand for further proceedings.
http://www.tba.org/tba_files/TCA/guffymichael.wpd
KANTA KEITH, DARLENE KEITH, WALTER JACKSON, and THOMAS A. SNAPP,
Personal Representative of the Estate of Darlene Keith v. GENE ERVIN
HOWERTON and EASY MONEY, INC.
Court:TCA
Attorneys:
Donald K. Vowell and Elizabth K. Johnson, Knoxville, Tennessee, for
Appellants.
Craig L. Garrett, Maryville, Tennessee, for Appellees.
Judge: FRANKS
First Paragraph:
The Trial Court awarded plaintiffs' attorneys fees pursuant to the
Consumer Protection Act. On appeal we modify by increasing the award
of fees.
http://www.tba.org/tba_files/TCA/keithkanta.wpd
REBECCA PAIGE MULKEY (HURD) v. BRADLEY WARREN MULKEY
WITH CONCURRING OPINION
Court:TCA
Attorneys:
Stephen L. Gilly, Kingsport, Tennessee, for the Appellant Rebecca
Paige Mulkey (Hurd).
R.B. Baird, III, Rogersville, Tennessee, for the Appellee Bradley
Warren Mulkey
Judge: SWINEY
First Paragraph:
Rebecca Paige Mulkey ("Mother") and Bradley Warren Mulkey ("Father")
were divorced in 1996. The parties agreed that Mother would be the
primary residential parent of their two minor daughters with Father
having reasonable visitation rights. Several years later and after
Mother had remarried, Father filed a Petition for Change of Custody
claiming the older child had been physically abused by her
step-father. The Trial Court temporarily transferred custody of the
children to Father and indicated this arrangement would be reviewed
periodically. After the older child recanted her allegations of
physical abuse, the Trial Court ordered that she be examined by a
psychiatrist. An examination was undertaken and the psychiatrist
concluded there was no evidence of abuse "of any kind." The Trial
Court later entered a judgment and held that its previous temporary
decision to designate Father as the primary residential parent was to
be the final determination. Mother appeals claiming the Trial Court
erred when it transferred custody of the children to Father because
Father failed to prove there had been a material change in
circumstance. We agree and reverse the judgment of the Trial Court.
http://www.tba.org/tba_files/TCA/mulkeyrebeccap_opn.wpd
CONCURRING OPINION
http://www.tba.org/tba_files/TCA/mulkeyrebeccap_con.wpd
CITY OF CHATTANOOGA v. MARK T. ROBARDS
Court:TCA
Attorneys:
Howard Barnwell, Chattanooga, Tennessee, for the appellant, Mark T.
Robards.
Kenneth O. Fritz, Chattanooga, Tennessee, for the appellee, City of
Chattanooga.
Judge: SUSANO
First Paragraph:
Mark T. Robards, owner of Robards Express, a trucking company, seeks
reversal of the trial court's judgment finding that he violated the
zoning ordinance of the City of Chattanooga by operating a trucking
company on his property. The trial court determined that Robards'
business is a manufacturing business, a non-conforming use in a
commercial zone. Robards proffers that his non- conforming use was
grandfathered in by virtue of the fact that the two previous users of
the property used it for similar purposes. We affirm the judgment of
the trial court.
http://www.tba.org/tba_files/TCA/robardsmarkt.wpd
CHARLES H. WEBB v. CHRISTIAN WERNER, ET AL.
Court:TCA
Attorneys:
Douglas R. Beier, Morristown, for Appellant Charles H. Webb.
Kenneth W. Ward, Knoxville, for Appellee Allstate Insurance Company.
Judge: LEE
First Paragraph:
This is an automobile accident case wherein the Plaintiff sued the
driver of the other vehicle, Christian Werner, a Swiss citizen, and
Allstate Insurance Company, Plaintiff's uninsured motorist insurance
carrier. Allstate moved for summary judgment, alleging that since
Plaintiff failed to obtain timely service of process against Werner,
pursuant to Tenn. R. Civ. P. 3, the Plaintiff's action was barred by
the one-year statute of limitations. The trial court granted Allstate
summary judgment as regards Plaintiff's personal injury claim. We
affirm the judgment of the trial court in this interlocutory appeal.
http://www.tba.org/tba_files/TCA/webbcharlesh.wpd
STATE OF TENNESSEE v. TERRY W. BEAN
Court:TCCA
Attorneys:
Amanda McClendon (at trial and on appeal) and Justin Johnson (at
trial), Nashville, Tennessee, for the appellant, Terry W. Bean.
Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Shelli Neal, Assistant District Attorney General, for the
appellee, State of Tennessee.
Judge: OGLE
First Paragraph:
The appellant, Terry W. Bean, was convicted of vandalism over $1,000,
a Class D felony. He was sentenced to two years incarceration in the
Tennessee Department of Correction, followed by six years of
supervised probation. On appeal, the appellant challenges the
sufficiency of the evidence supporting his felony conviction, the
amount of restitution imposed, and the denial of his right to testify.
Upon our review of the record and the parties' briefs, we affirm the
judgment of the trial court.
http://www.tba.org/tba_files/TCCA/beanterryw.wpd
STATE OF TENNESSEE v. WILLIAM H. MORRIS, JR.
Court:TCCA
Attorneys:
David N. Brady, District Public Defender, and John B. Nisbet, III,
Assistant Public Defender, for the appellant, William H. Morris, Jr.
Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General; William E. Gibson, District Attorney
General; and William M. Locke, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: WILLIAMS
First Paragraph:
The defendant, William H. Morris, Jr., challenges the revocation of
his probation, specifically contending that: (1) the trial court was
without jurisdiction to reinstate his sentence because his
probationary period had expired, (2) the trial court abused its
discretion in reinstating his previous sentence, and (3) the trial
court erred in failing to grant the defendant's request for bond
pending appeal. After careful review, the judgment of the trial court
is affirmed.
http://www.tba.org/tba_files/TCCA/morriswilliamhjr.wpd
Worthless Checks
Date: October 25, 2004
Opinion Number: 04-156
http://www.tba.org/tba_files/AG/2004/op156.pdf
Police Chaplain's Authority to Perform Marriage
Date: October 25, 2004
Opinion Number: 04-157
http://www.tba.org/tba_files/AG/2004/op157.pdf
|
