Editorial
Front Page - Friday, July 10, 2009
Case Digests - Tennessee court of appeals syllabus
Irene McCray v. The Vanderbilt University d/b/a Vanderbilt University Medical Center
Davidson County - Plaintiff, a patient care partner formerly employed by a hospital, brought suit against the hospital after her termination, alleging violations of the Tennessee Handicap Act, the Americans with Disabilities Act, the Tennessee Human Rights Act, the Family and Medical Leave Act and retaliatory discharge. The hospital filed a motion for summary judgment, which the trial court granted. Finding that the plaintiff did not create a genuine issue of material fact on essential elements of her claim of retaliatory discharge, we affirm the decision of the trial court.
Graco Children’s Products, Inc., et al. v. Shelter Mutual Insurance Company, Inc., et al.
Hardin County - This is a negligence case. Appellant brought suit against Appellee alleging that Appellee negligently destroyed a piece of evidence. This evidence was relevant to a separate lawsuit involving Appellant. The trial court granted summary judgment in favor of Appellee finding that Appellee did not owe a duty of care to Appellant. Finding no error, we affirm.
Ana Matilde Calixto v. Fernando J. Calixto
Blount County - Ana Matilde Calixto filed a petition for an order of protection against her husband, the respondent Fernando J. Calixto. Based upon the petition, an ex parte order of protection was issued and served on the respondent. The trial court subsequently dismissed the petition and the ex parte order. The petitioner appeals. We vacate the trial court’s judgment of dismissal and remand for further proceedings.
Due Hue Nguyen v. Rashida A. Watson
Knox County - In general sessions court, the plaintiff Due Hue Nguyen was awarded a judgment in 1998 for $6,881.84 against Rashida A. Watson. The defendant appealed to the trial court. The plaintiff moved to dismiss the appeal. The trial court declined to do so. The court ultimately dismissed the plaintiff’s civil warrant “for failure to prosecute.” The plaintiff appeals. We affirm.
William St. Nagy v. Patricia Jean Dubois
Greene County - William St. Nagy (“Husband”) and Patricia Jean Dubois (“Wife”) were divorced in 2003. In March of 2007, Husband filed a motion asking the Trial Court to order Wife to reimburse Husband for an amount paid by Husband toward the parties’ joint federal income tax obligation for the year 2002. After a trial, the Trial Court entered an order on December 7, 2007 finding and holding, inter alia, “that the tax obligation to the Internal Revenue Service incurred by the parties prior to their divorce of forty one thousand eight hundred seventy six ($41,876.00) dollars is a marital obligation…,” and ordering Wife to pay Husband $18,762.00. Wife did not appeal this judgment. In July of 2008, Wife filed a motion seeking relief from the December 2007 judgment under Tenn. R. Civ. P. 60.02. The Trial Court denied Wife’s motion for relief under Rule 60.02. Wife appeals to this Court. We affirm.
Kathy Marie Post v. Richard Alexander Post
Wilson County - In this post-divorce dispute, husband challenges the trial court’s action on wife’s petition for contempt on a number of grounds. We find no merit in any of these challenges and affirm the decision of the trial court. We further find that wife is entitled to her attorney fees on appeal and remand for a determination of the amount of fees owed.
Carey Faulkner v. City of Bartlett
Shelby County - The appellant, a former police officer, filed a petition for writ of certiorari in the chancery court alleging that her due process rights were violated when the City of Bartlett terminated her employment. We affirm the trial court’s finding that the appellant was an employee-at-will, and therefore, she had no protected property interest in her job.
Thomas S. Starks v. Troy D. White
Henry County - This is a breach of contract case. Purchaser/Appellant appeals the
trial court’s finding that Purchaser/Appellant is in breach of the contract for sale of real property, and entry of judgment in favor of Seller/Appellee pursuant to the default provisions of the contract. Specifically, the trial court found Purchaser/Appellant in breach on grounds of late payments, failure to list Seller/Appellee as additional insured, and failure to provide proof of termite treatment. We modify and affirm on the grounds of failure to list Seller/Appellee as an additional insured and on failure to provide termite protection contract.
Heather Rene Swinea Brewer v. Jerry Wayne Swinea, Jr.
Wayne County - Mother filed a petition to modify residential parenting schedule based on a material change of circumstance. The trial court found a material change of circumstance, named Father primary residential parent and provided that, if Mother relocated, her parenting time would be reduced. We affirm the court’s denial of the relief requested in Mother’s petition and modify the order of the court.
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