Editorial
Front Page - Friday, December 3, 2010
Case Digests: Tennesse Court of Appeals Syllabus
Jeremy Paul Hopkins v. Bradley County, Tennessee, et al.
Bradley County – Plaintiff was incarcerated in jail on an arrest warrant that authorized bail of $1,500, which defendants failed to honor until the elapse of a 12-hour period. The trial judge held the defendants violated the statute governing the arrest warrant, and that the violation amounted to a constitutional violation entitling the plaintiff to damages. We granted an interlocutory appeal on these two rulings by the trial judge. We uphold the trial judge’s determination that the defendants violated the statute by holding plaintiff for 12 hours before allowing bond, but reverse the trial court’s holding that plaintiff’s constitutional rights were violated and remand the case to the trial court.
Albert J. Hale v. James Neeley, Commissioner, et al.
Hawkins County – Claim-ant, an employee of Wal-Mart, was charged with possession of cocaine and pled guilty to a misdemeanor possession, and was then discharged for violating company policy. Claimant was not at work nor on Wal-Mart’s property when the offense occurred. The agency found that claimant was discharged under disqualifying conditions and denied unemployment benefits. Throughout the appeals process, denial of benefits was upheld. On appeal to this Court, we hold that claimant violated Wal-Mart’s policies by failing to report his conviction under a criminal drug statute to his employer within three days as required under the employer’s policy. We affirm the denial of unemployment benefits to claimant.
Earl Faulkner, et al v. Tom Emmett Construction Company
Knox County – Earl and Faye Faulkner (“Plaintiffs”) hired Tom Emmett Construction Company (“Defendant”) to construct a new driveway at their home in Knox County. Plaintiffs refused to pay $8,000 of the total $18,000 contract price because they were dissatisfied with the workmanship of the driveway. Plaintiffs sued Defendants seeking as damages what it would cost to remove and replace the allegedly defective driveway. Defendant asserted that the driveway was properly constructed and filed a counterclaim for the remaining $8,000 balance owed on the oral contract. Following a bench trial, the Trial Court concluded that any problems with the driveway were not sufficient to require that it be removed and replaced. Because there was a problem with how the concrete on one portion of the driveway had been poured, the Trial Court required Plaintiffs to pay Defendant only $5,000 of the remaining $8,000 owed on the contract. Plaintiffs appeal. We affirm as modified.
Joy C. Lindsey v. Walgreen Company, et al.
Knox County – Joy C. Lindsey (“Plaintiff”) sued Wal-
green Company (“Walgreen”), Robert Cortney (“Cortney”), and Kane David Stackhouse (“Stackhouse”) after David Z. Lindsey, Sr. was shot and killed by Stackhouse in a Walgreen’s parking lot. Approximately ten months after filing their answer to Plaintiff’s complaint, Walgreen and Cortney filed a motion to amend to add a cross-claim against Stackhouse. The Trial Court denied Walgreen and Cortney permission to amend. We granted permission for an interlocutory appeal on the sole issue of whether Walgreen and Cortney should be granted leave to amend to add a cross-claim against Stackhouse. We reverse the Trial Court’s order and grant Walgreen and Cortney permission to add a cross-claim against Stackhouse.
Boyd’s Creek Enterprises,
LLC., et al v. Sevier County,
Tennessee, a Governmental Corporate Entity, et al.
Sevier County – The question before this Court is whether the issuance of a beer permit in violation of a county’s distance rule is non-discriminatory if it results from an agreed order resolving litigation. We conclude that a beer board’s decision to effectively exempt a single premises or subset of premises from the enforcement of a valid distance rule is impermissibly discriminatory, even if it results from an agreed order. Because the discriminatory issuance of a single permit in violation of a county’s distance rule may invalidate the rule, we reverse and remand.
James Daniel Marshall v. Jenine Estelle Marshall
Davidson County – Hus-band appeals the entry of a default judgment and the resulting Final Decree in a divorce action. Wife filed a complaint for divorce; Husband filed an answer and counter-complaint. Later in the proceedings, Wife filed a motion for default judgment and other relief against Husband due to his failure to comply with the court’s discovery deadline. The trial court entered an order granting a default judgment against Husband, striking his pleadings, and deeming Wife’s discovery requests admitted. Husband timely filed a motion to set aside the order on the ground he did not receive proper notice of the hearing, which the trial court denied. We have determined that Husband did not receive proper notice; as a consequence the order granting the default judgment and other relief is void. Therefore, the trial court erred as a matter of law in denying Husband’s motion to set aside the order. The court’s failure to set aside the order also greatly impaired Husband’s right to assert the defenses and affirmative claims that were stricken. Accordingly, the Final Decree is also reversed and we remand for a new trial of the issues properly raised by the parties in their pleadings subject, of course, to Husband complying with discovery and the trial court’s orders.
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