Elmwood Apartments v. Jessica Woodson, et al.
Maury County – This appeal arises out of a detainer action originally filed in general sessions court in which landlord of apartment was awarded possession of leased premises. Tenants filed a petition for writs of certiorari and supersedeas for de novo review to the circuit court, accompanied by an affidavit of indigency; the writs were issued.
Landlord subsequently sought dismissal of both writs on several grounds. The court granted the motion, finding that the writ of supersedeas was improperly granted and, as a consequence, review by certiorari was not available as a substitute for appeal.
Finding that the court erred in considering grounds for dismissal which were added by landlord within five days of the hearing on the motion, we reverse the judgment and remand for further proceedings.
Denzil Russ Partin v. Mary Ava Partin, et al.
Campbell County – This lawsuit arose out of two transfers of real property. Denzil Russ Partin (“Husband”) sued Mary Ava Partin (“Wife”) and Hazel Walden (“Mrs. Walden”), seeking declaratory relief that the two properties Wife transferred to Mrs. Walden, Wife’s mother, were held in trust for Husband, Wife, and their son, Courtney Partin.
The trial court found that title to the real property at issue was vested in Mrs. Walden, that no resulting trust had been created, and, that, in any event, the statute of limitations had run on Husband’s action.
Husband appeals. We hold that although the trial court erred in stating that the statute of limitations had run on Husband’s claim, the trial court did not err in declining to impose a resulting trust on the real property at issue.
We affirm the judgment as modified.
Judy Davis, as Next Friend of Eloise Gwinn, an incapacitated person v. Kindred Healthcare Operating, Inc., et al.
Shelby County – This is a nursing home abuse case. The trial court denied Appellant nursing home’s motion to compel arbitration based upon an alternative dispute resolution agreement that was executed by Appellee, the niece of the patient being admitted to Appellants’ nursing facility.
The patient had executed a power of attorney in favor of her niece and her niece’s husband, but only the niece had signed the admission papers on behalf of the patient.
The trial court determined that the power of attorney created a joint agency, whereby the signatures of both the niece and her husband were required in order to bind the patient, as principal, to arbitration. Affirmed and remanded.
Joseph C. Barna v. W. Martin Seiler.
Davidson County – An investor who lost money on stock transactions filed a claim against his stockbroker that was dismissed in arbitration. The investor then filed a complaint for legal malpractice against the attorney who had represented him in the arbitration proceeding.
The attorney filed a motion for summary judgment accompanied by his expert affidavit, declaring that in his representation of the investor he had complied with all applicable standards of legal professional practice. The investor did not respond with an expert testimony contradicting the defendant.
Following a series of delays, the trial court granted summary judgment to the defendant attorney after declining to grant another continuance.
The former client filed a motion for relief from judgment, and the trial court denied the motion.
After the attorney voluntarily dismissed his counterclaim, the judgment became final, and the investor appealed. We affirm.
Everest National Insurance Company v. Restaurant Man-agement Group, LLC.
Washingston County – This is a declaratory judgment action filed by an insurance company against its insured and the insured’s customer who allegedly was injured from a fall after stepping in a hole in the insured’s parking lot.
The insurance company asked for a declaration that it was not obligated to defend and indemnify the insured against the customer’s personal injury claim.
The insured filed a counterclaim asking for a declaration that the insurer was required to defend the claim and indemnify the insured against liability to the customer.
On dueling motions for summary judgment, the trial court held that the insurance company was relieved of its obligation to defend and indemnify the insured because the insured waited five months before notifying the insurance company of the claim and that, as a consequence of the insured’s delay, the insurer was prejudiced.
During that five months, the insured repaired cracks in the parking lot where the fall allegedly occurred. The insured appeals. We affirm.
T. Verner Smith v. Jerry F. Gardner.
Madison County – This appeal involves a suit for dissolution of a real estate partnership. The defendant-appellee also filed several counterclaims against the plaintiff, who is an attorney.
After a bench trial, the trial court dissolved the partnership and found that the defendant-appellant was liable for one-half of the partnership’s debts and expenses. The court dismissed the counterclaims.
We affirm.