Editorial
Front Page - Friday, February 11, 2011
Case Digests: Tennesse Court of Appeals Syllabus
Estate of Carolyn A. Montgomery v. Daniel Kueter, M.D.
Hamilton County – We granted the application of Daniel Kueter, M.D. (“Defendant”) for a Tenn. R. App. P. 9 Interlocutory Appeal on the issue of whether the trial court erred in reinstating this case to its active docket after it had been dismissed without prejudice over a year earlier.
We find and hold that although plaintiff was not entitled to relief under Tenn. R. Civ. P. 60.02, the trial court did not err when it granted Plaintiff’s motion to enter an agreed order nunc pro tunc reinstating this case.
We, therefore, affirm the trial court’s order.
Lesa C. Williams, et al. v. Renard A. Hirsch, Sr.
Davidson County – This application for an interlocutory appeal concerns a client’s standing to seek a declaratory judgment regarding the amount of fees to be paid to one of the three attorneys who represented her in a personal injury suit.
The trial court dismissed the client’s complaint for lack of standing but granted the client permission to appeal pursuant to Tenn. R. App. P. 9. We concur with the trial court that an interlocutory appeal will prevent needless, expensive and protracted litigation.
We also conclude that the client has a real interest in the litigation, and we thus reverse the trial court’s order dismissing the client’s complaint.
Richard Swecker, et al v. Steven Michael Swecker, et al.
Greene County – Plaintiffs brought this action to establish a partnership with the deceased against the estate’s personal representative and others.
Defendants answered, denying the allegation that a partnership existed, and filed a counter – complaint, asserting the estate should be reimbursed for plaintiffs’ mismanagement of the farm, and for monies the plaintiffs removed from the estate’s bank account.
Following an evidentiary hearing, the trial court held that deceased and plaintiff had entered into a partnership and that the partnership would be wound up by the Court and the partnership assets distributed.
Also, the trial court held that plaintiffs would be required to pay rent on the house they occupied on the farm for several years.
On appeal, we affirm the finding that a partnership existed, but reverse the trial court’s holding that plaintiffs owed the estate rent for occupancy of the house on the farm.
We remand, with directions to the Court to wind up the partnership.
Trecia Gayle Watson v. Bradley County School Board, et al.
Bradley County – Trecia Gayle Watson (“Plaintiff”) formerly was employed as a teacher with the Bradley County School System. In 2002, Bob Taylor (“Taylor”), the Director of Schools for the Bradley County School System, instituted disciplinary charges against Plaintiff seeking to have her employment terminated.
Plaintiff voluntarily resigned prior to completion of the disciplinary proceedings.
In 2007, pursuant to a grand jury subpoena from the criminal court in Whitfield County, Georgia, Taylor sent all information pertaining to the disciplinary charges and other information in Plaintiff’s personnel file to the criminal court.
Plaintiff, proceeding pro se, sued for defamation and filed suit against Taylor, the Bradley County School Board (the “School Board”), and various other defendants.
All of the defendants filed a motion for summary judgment and, thereafter, sought various forms of sanctions against Plaintiff for numerous alleged violations of Tenn. R. Civ. P. 11.
The Trial Court expressly declined to Rule on the motion for Rule 11 sanctions, providing instead for this Court to dispose of the defendants’ Motion for Rule 11 sanctions if Plaintiff appealed.
The Trial Court then granted the defendants’ motion for summary judgment. Plaintiff appeals.
We conclude that because the Trial Court has yet to rule on the defendants’ motion for Rule 11 sanctions, there is no final judgment.
Accordingly, we dismiss the appeal and remand this case for further proceedings consistent with this Opinion.
Kathy Young, et al v. First Tennessee Bank
Rhea County – Kathy Young (“the plaintiff”) stepped backward onto an elevated curb as she opened the driver’s door of her vehicle to leave the parking lot of First Bank of Tennessee. She was injured when she tripped over the curb and fell into the shrubbery that bordered the parking lot.
She and her husband filed this action alleging that First Bank was negligent in creating or maintaining a dangerous condition. First Bank filed a motion for summary judgment which the trial court granted.
The plaintiff appeals. We affirm.
Michelle Forgey – Lewis v. John Paul Lewis, Sr.
Bradley County – Prior to their marriage, John Paul Lewis, Sr., (“Husband”) and Miechelle Forgey – Lewis (“Wife”) signed an antenuptial agreement. In this divorce proceeding filed by Wife, the parties agreed that the antenuptial agreement is valid and enforceable but they disagreed sharply as to its application.
The trial court awarded Wife a divorce and alimony in futuro of $3,000 per month retroactive to the date of the filing of the complaint. Wife collected approximately $5,000 of the accrued alimony through garnishments.
Husband appeals, challenging the alimony award as well as the garnishments. Wife contends the trial court erred in allowing Husband an offset of approximately $80,000 against her entitlements under the court’s orders for payments made by him on joint debts.
We affirm the judgment of the trial court except for the garnishments. We quash the garnishments and order the return of funds collected through them to the garnishee.
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