Editorial
Front Page - Friday, June 19, 2009
Case Digests - Tennessee court of appeals syllabus
John P. Konvalinka vs. Chattanooga-Hamilton County Hospital Authority
Hamilton County - John P. Konvalinka (“Petitioner”) filed a petition for access to public records seeking access to certain records in the possession of the Chattanooga-Hamilton County Hospital Authority (“the Hospital” or “Erlanger”). These documents were created pursuant to the provisions of a Corporate Integrity Agreement entered into between the Hospital and the federal Office of Inspector General of the Department of Health and Human Services following an investigation into allegations of illegal conduct by the Hospital. The Hospital filed a motion for protective order claiming the requested documents were confidential and protected from disclosure pursuant to: (1) the Tennessee Public Records Act; (2) the federal Freedom of Information Act; and/or (3) federal regulations implemented by the Department of Health and Human Services. The Trial Court found that the documents were protected from disclosure by the Tennessee Public Records Act; specifically, Tenn. Code Ann. § 10-7-504(a)(2)(A). This finding rendered moot whether the documents were protected from disclosure pursuant to either or both the Freedom of Information Act or the regulations developed by the Department of Health and Human Services. Petitioner appeals. We hold that the documents at issue are not protected from disclosure by the Tennessee Public Records Act, and the judgment of the Trial Court holding otherwise is vacated. We remand this case to the Trial Court for a determination of whether the documents at issue are protected from disclosure pursuant to applicable federal law.
Wooten Tractor Co., Inc. v. Arcon of Tennessee, LLC, et al. Tipton County - This appeal arises out of a tractor lease. After lessee failed to make the required monthly payments, lessor filed this action alleging that lessee breached several different contract provisions. The trial court granted summary judgment and awarded lessor the unpaid rentals. Lessee appeals arguing that the trial court erroneously granted summary judgment on grounds which lessor failed to allege in its motion for summary judgment. We affirm.
Thomas R. Ralston vs. Fred R. Hobbs
Rutherford County - Plaintiff filed this action to recover more than $279,000 that his nephew allegedly converted while acting as his attorney-in-fact. Plaintiff alleged, inter alia, that Defendant, his attorney-in-fact, breached his fiduciary duties by transferring Plaintiff’s life-savings into Defendant’s personal bank accounts. The trial court granted summary judgment for Plaintiff finding that there were no genuine issues of material fact, that Defendant admitted a confidential relationship with Plaintiff, and that the depletion of Plaintiff’s life-savings was unfair as a matter of law. On appeal, Defendant argues that genuine issues of material fact exist, that the claim for conversion is barred by the statute of limitations, and that the trial court failed to join an indispensable party under Tenn. R. Civ. P. 19. With the exception of the first three transfers which occurred more than three years prior to the filing of this action, we affirm the trial court’s denial of Defendant’s motion to dismiss and the grant of summary judgment for Plaintiff finding that there are no genuine issues of material fact, and that Plaintiff was entitled to judgment as a matter of law because Defendant breached his fiduciary duty as attorney-in-fact when he converted the funds from his uncle’s savings account for his own use and benefit. As for the first three transfers, each of which occurred more than three years prior to the filing of this action, we have determined there is a dispute of fact concerning whether Plaintiff could have discovered the conversion of those funds upon reasonable inquiry; therefore, summary judgment was not appropriate as to Plaintiff’s claim to recover those funds.
Rhonda Gail Oakes vs. Harvey Joe Oakes
Bledsoe County - This is an appeal from the ruling of the Trial Court, following the appeal to this Court, wherein we remanded with enforcement of the Trial Court’s Judgment, as modified. After remand, the wife moved for contempt against the husband for not paying as ordered, and at a hearing on that motion the Trial Court found the husband guilty of contempt and ordered him to serve ten days in confinement for each finding of contempt. The order provided that the sentence would be suspended if he paid the sum due. The husband paid the sum due and appealed. On appeal, we affirm the Judgment of the Trial Court.
Richard T. D. Bethea, et al. v. Song Hee Hong, et al. - Shelby County This appeal involves a dispute arising out of a contract for the sale of Appellant’s house. After the contract was executed, Appellees conducted a home inspection which revealed mold in the home’s air ducts. Appellants refused to repair the air ducts, and Appellees terminated the agreement. Both parties filed motions for summary judgment. The trial court granted summary judgment in favor of Appellees finding that termination was an available remedy under the terms of the agreement. Finding no error in this conclusion, we affirm the judgment of the trial court.
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