TN Court of Appeals

In this divorce action the Trial Court granted the parties a divorce, gave custody of the children to the father, divided the marital property and ordered a monetary judgment against the mother to the father, as an equitable distribution of the marital property. The mother has appealed and questioned the Trial Judge's award of custody of the children to the father, and the Trial Judge ordering a monetary judgment against the mother to the father. We affirm the Judgment of the Trial Court.

Blair Wood and Gary Wood (“Plaintiffs”) sued Tony Wolfenbarger and Brenda Wolfenbarger (“Defendants”) alleging, in part, that Defendants had wrongfully cut down six trees on Plaintiffs’ real property. After a trial, the Trial Court entered its judgment finding and holding, inter alia, that Defendants were liable for negligently cutting the trees, that the current market value of the timber cut was $840, and that Plaintiffs were entitled to a judgment in double the amount of the current market value of the timber pursuant to Tenn. Code Ann. § 43-28-312.

The Tennessee Department of Environment and Conservation issued a permit allowing a proposed rock quarry to discharge storm water and wastewater into a nearby creek. Owners of property allegedly affected by the discharge filed an appeal challenging the issuance of the permit with the Water Quality Control Board, as well as a petition seeking a declaratory order construing the rules regarding the protection of existing uses of waters. The Water Quality Control Board refused to issue a declaratory order and the property owners appealed to the Davidson County Chancery Court.

This is the second of two similar but separate civil actions and appeals among the same parties. At issue is the scope of a binding arbitration clause in a federally-reinsured multiple peril crop insurance policy and the scope of federal preemption of common law claims. The insured, a nursery in Warren County, Tennessee, suffered a catastrophic loss of stock, primarily trees and shrubs, due to a severe freeze in April of 2007. The insured submitted a claim for indemnity. The adjuster determined, due to “under-reporting of inventory”, that the insured was only entitled to recover $115,822.

Petitioner filed a Rule 60.02 motion to set aside a parental termination and adoption decree. The motion asked relief from the Judgment on the ground set forth in Tenn. R. Civ. P. 62.02(1) and (2). The Trial Court held that petitioner did not establish a basis to set aside the Judgment on the grounds relied upon in the Rule 60.02 motion. On appeal we affirm the Judgment of the Trial Court.