Editorial
Front Page - Friday, December 31, 2010
Case Digests: Tennesse Court of Appeals Syllabus
Karim Skaan v. Federal Express Corporation, Inc.
Shelby County – Plaintiff/Appellant filed an action alleging breach of contract and retaliatory discharge. Defendant moved for summary judgment on both claims, and asserted the action was barred by a contractual limitations provision in the application for employment. The trial court awarded summary judgment to defendant with respect to the retaliatory discharge claim, and denied summary judgment with respect to defendant’s assertion that the matter was timebarred. Plaintiff appealed. We dismiss this appeal for failure to appeal a final judgment where the trial court has not entered an order adjudicating or otherwise disposing of plaintiff’s breach of contract claim, and plaintiff has failed to show cause why this matter should not be dismissed.
Joyce Via v. Larry Edwards Oehlert, Sr.
Tipton County – This appeal arises out of a complaint to dissolve a partnership. The plaintiff alleged that she and the defendant, an unmarried couple, acquired real property through joint efforts. She further alleged that she contributed to the improvement of the property and an increase in its value, giving rise to a partnership for profit and a right to a distribution of the partnership’s assets following dissolution. The defendant denied that a partnership existed and counterclaimed for damages and attorney’s fees arising out of the plaintiff’s refusal to vacate the property following their break-up. At the ensuing bench trial, the defendant moved for a directed verdict on the plaintiff’s claims. The trial court granted the motion and dismissed the plaintiff’s claims, specifically finding that the plaintiff was unable to prove the existence of an express or implied partnership for profit between the parties. We affirm.
Federal National Mortgage Association v. Ardeshir Yavari Baigvand.
Knox County – Plaintiff foreclosed on defendant’s property and filed suit in Sessions Court to obtain possession of the property. Defendant appealed the Judgment for possession to Circuit Court, which granted plaintiff summary judgment. Defendant has appealed to this Court and we affirm the Judgment of the trial court, awarding possession of the property to plaintiff.
Angela Susan Wisdom vs. Wellmont Health System.
Sullivan County – The trial judge ruled against defendant’s Motion for Summary Judgment because there were disputed issues of material fact. The trial court authorized an interlocutory appeal, which we granted. Upon consideration of the case, we conclude, as did the trial judge, there are disputed issues of material fact, affirm the Judgment of the trial court and remand.
Tommie Hampton v. City of Memphis, Tenn.
Shelby County – Plaintiff was injured when Defendant Madden drove his vehicle at a high speed and in the wrong direction on an exit ramp of I-40/240 and collided head-on with plaintiff’s vehicle. Plaintiff filed a negligence action against Defendant Madden and against the City of Memphis pursuant to the Governmental Tort Liability Act. In his complaint, plaintiff asserted Memphis City police negligently pursued Defendant Madden, and that this negligence proximately caused plaintiff’s injuries. The trial court found plaintiff’s injuries were caused solely by the acts of Defendant Madden and entered judgment in favor of the City of Memphis. We affirm.
Cheryl Brown Giggers, et al. v. Memphis Housing Authority, et al.
Shelby County – This is the second appeal of this wrongful death action, arising from a fatal shooting of a tenant at a Memphis public housing property. This Court granted Appellant, Memphis Housing Authority’s, Tenn. R. App. P. 9 interlocutory appeal to address the trial court’s denial of summary judgment in favor of the Appellant. Finding that Appellees’ “failure to evict” claim is preempted by 47 U.S.C. §1437, and that Appellant retains its sovereign immunity under the discretionary function exception to the Tennessee Governmental Tort Liability Act, we reverse and remand for entry of summary judgment in favor of Appellant. Reversed and remanded.
Gursheel Dhillon, MD v. State of Tennessee Health Related Boards.
Davidson County – This appeal involves a doctor’s challenge to disciplinary charges brought against him by the Department of Health, Division of Health Related Boards. After the trial court denied the doctor’s request for a temporary injunction prohibiting the defendant from proceeding with a hearing on the disciplinary charges, the doctor filed a notice of appeal to this court. Because the order appealed does not resolve all the claims raised by the doctor, we dismiss the appeal for lack of a final judgment.
Melvin Christmas v. The Town of Smyrna.
Rutherford County – Pro-perty developer applied to the Town of Smyrna for a rezoning request for a planned development. The request was initially approved by the Planning Commission, but the Town Council later voted to deny the request. The developer appealed by writ of certiorari to the Rutherford County Chancery Court, which affirmed the decision. On appeal, the developer asserts that the Town Council’s action was arbitrary and capricious. We affirm.
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