LUDMILLA LAMBRIGHT, ET AL. v. NATIONAL UNION FIRE INSURANCE COMPANY OF
Peter M. Olson, Clarksville, Tennessee, for the appellees, Ludmilla
Lambright and Antonio Lambright.
C. Benton Patton, Nashville, Tennessee, for the appellee, United
Services Automobile Association.
Frank Thomas, Nashville, Tennessee, for the appellee Michael George
John Thomas Feeney, III, Nashville, Tennessee, for the appellee,
Progressive Insurance Company.
All parties sought declaratory judgment as to whether or not driver
Michael George Eberly was an omnibus insured under the permissive user
provisions of his employer's policy of insurance at the time of the
accident in issue. The Chancellor in non-jury trial found that Eberly
had only engaged in a "minor deviation" from employer restrictions on
his permissive use of the vehicle, and required National Union Fire
Insurance Company to protect Eberly as an omnibus insured under the
policy. We reverse the action of the trial court.
TAMMY DIANE HARGROVE MANGRUM v. REYNALDO COLLAZO-TORRES
Dan R. Alexander, Nashville, Tennessee, for the appellant, Reynaldo
Robert Todd Jackson, Nashville, Tennessee, for the appellee, Tammy
Diane Hargrove Mangrum.
This appeal involves a protracted dispute over the payment of child
support. Following a job-related injury, the father requested the
Circuit Court for Davidson County to reduce his child support
obligation, but then unilaterally reduced his child support payments.
After the trial court dismissed the father's petition for failure to
prosecute, the mother filed a petition seeking a judgment for the
child support arrearage. The husband responded by renewing his
request to reduce his child support obligation. Following a hearing,
the trial court awarded the mother a $13,472 judgment against the
father without considering his request for a reduction in his child
support payments. We have determined that the order dismissing the
father's petition for failure to prosecute was not properly entered.
Therefore, the trial court erred by awarding the mother a judgment for
the child support arrearage without considering the father's petition
to reduce his child support.
Persons licensed as manufacturers, importers or dealers in weapons
Date: February 2, 2005
Opinion Number: 05-014