Editorial
Front Page - Friday, July 31, 2009
Case Digests - Tennessee court of appeals syllabus
Jerry and Cindy Wilson, Grandparents of K.W., vs. April Gladden
Hamilton County - Plaintiffs, paternal grandparents, filed this action pursuant to the Grandparents Visitation Act, to obtain court ordered visitation with their grandchild, since the child’s father was deceased. Following an evidentiary hearing, the trial court ordered visitation and the mother appealed. We affirm the Judgment of the trial court.
Quo Tu Pham, et al vs. City of Chattanooga, et al
Hamilton County - The plaintiffs filed an action for declaratory judgment to review an Ordinance changing the zoning of the plaintiffs’ property. Upon concluding that the defendants improperly changed the zoning on the subject property, the trial court invalidated the Ordinance. The defendants appeal. We affirm.
Knox County, Tennessee, on the relationship of Environmental Termite & Pest Control, Inc., qui tam
Knox County - Plaintiff filed this action as a “qui tam claim” pursuant to the Tennessee False Claims Act. Tenn. Code Ann. § 4-18-101 et seq. The trial court awarded plaintiff proceeds from the settlement under the Act and both parties have appealed. On appeal we hold that plaintiff did qualify under the statute as an original source, and the trial court had jurisdiction to award a recovery. However, we hold there is not sufficient evidence to affirm the award. We vacate the award and remand pursuant to Tenn. Code Ann. § 27-3-128.
Tom Spears and Dana Spears v. Tennessee Farmers Mutual Insurance Company
Trousdale County - Owners of an insured vehicle that was damaged by fire filed suit against their insurance company for breach of contract, failure to pay insurance claim in good faith, and violations of the Tennessee Consumer Protection Act. Insurer filed a counter-complaint alleging that one of the insureds had no right of recovery under the policy because she had no insurable interest in the vehicle and that the other insured was barred from seeking recovery under the policy because the insured failed to answer questions under oath when asked by the insurer. The trial court granted summary judgment to the insurer. Finding no error, we affirm.
Timothy E. Hawkins v. Margaret Michelle O’Brien
Sumner County - In this post-divorce proceeding, the trial court modified the permanent parenting plan by designating Father as the primary residential parent and holding Mother in contempt for failing to pay the car note on the vehicle awarded Mother in the divorce for which Father was jointly liable. At the time of the divorce, Mother was designated the primary residential parent of the parties’ minor child. Shortly after the divorce was final, Father filed a Petition for Change of Custody and Contempt. Father also filed a motion for an immediate temporary change in parenting responsibilities, and following a hearing on the motion, the trial court entered an order temporarily designating Father as the primary residential parent and restricting Mother’s parenting time. Two years after the entry of the temporary order, the court conducted a final hearing on Father’s petition.
Following the final hearing, the trial court found that a material change in circumstances had occurred and it was in the child’s best interest for Father to be designated the primary residential parent. The court also found Mother in contempt for failing to pay the note of the vehicle awarded her in the divorce as required of her in the Final Divorce Decree. Mother appealed. We affirm the modification of the parenting plan; however, we reverse the finding of civil contempt as the trial court made no findings of fact regarding Mother’s ability to pay the financial obligation and the evidence is insufficient for this court to find that Mother had the ability to pay the note or that her failure to pay the note was a willful act of disobedience of the court’s order.
Lavely L. Brown v. George Little, et al
Hickman County - This appeal involves a petition for writ of certiorari filed by a state prisoner. The prison’s disciplinary board found that the prisoner failed to provide a urine sample for drug testing. The prisoner filed a petition for common
law writ of certiorari in Hickman County Chancery Court. The trial court granted the petition, and respondents filed a copy of the disciplinary board’s record. On respondent’s motion, the trial court reviewed the record and found no evidence that the disciplinary board acted illegally, fraudulently, or arbitrarily. Finding no error in the trial court’s determination, we affirm.
Thuy-T-Lam d/b/a Nail Paradise vs. Tuan Ngoc Bui Le a/k/a David Le Cocke County - The appellant-defendant appeals the trial court’s denial of his Motion for Summary Judgment and the modification and enforcement of his non-competition agreement with appellee-plaintiff. We affirm the trial court’s denial of appellant-defendant’s motion for summary judgment; we affirm the trial court’s ruling modifying the territorial restrictions in the non-compete agreement; we further modify the terms of the non-competition agreement in order to be consistent with Tennessee’s public policy; and we reverse the trial court’s institution of a permanent injunction against the appellant-defendant.
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