Editorial
Front Page - Friday, November 6, 2009
Case Digests - Tennessee court of appeals syllabus
Betty L. Davis v. A. V. Conner and Timothy Bryan Conner
Overton County - This case involves a claim of promissory fraud. The plaintiff is an elderly widow who lives on a farm. The defendant is in the oil business. The defendant approached the widow about drilling for oil on her farm. He told the plaintiff that if she invested in the oil wells, he would match her investment equally and manage the oil wells on her property. He proposed that they share in any profits 65 percent to the plaintiff widow, and 35 percent to the defendant. The widow agreed. Over several years, the widow invested over $100,000 in five oil wells. Some of the wells produced oil, and the resulting profit was shared 65 percent/35 percent. The widow later discovered that the defendant had not, in fact, invested any of his own money in the oil wells, and that he was mismanaging them. The widow then filed this lawsuit against the defendant for misrepresentation, fraudulent inducement, and mismanagement of the oil wells. After a bench trial, the trial court awarded the widow compensatory damages and punitive damages. It also divested the defendant of any future interest in the oil wells on the widow’s property. The defendant now appeals. We affirm the trial court’s decision in all respects.
Gregory Potter v. Melba Espinosa, et al
Davidson County - Gregory Potter (“the Plaintiff”), an inmate in the custody of the Tennessee Department of Correction (“the Department”), filed a complaint in the trial court pursuant to 42 U.S.C. § 1983 (2003).1 The court entered an order of dismissal upon finding that the Plaintiff had failed to exhaust his administrative remedies through the prison grievance process. The Plaintiff moved for relief from the judgment claiming that it was “legally erroneous.” The trial court denied the motion upon finding that the Plaintiff’s motion did not entitle him to relief under Tenn. R. Civ. P. 60.02. The Plaintiff appeals. We vacate the trial court’s order of dismissal and remand for further proceedings.
Jerome Williams v. George Little, et al
Davidson County - Petitioner sought to withdraw a waiver he had signed as a prisoner. On a summary judgment motion by defendants, the Trial Court held that if the waiver was withdrawn, petitioner would serve more time and granted the motion. On appeal, we affirm the grant of summary judgment.
In the Matter of: The Estate of Lucille Annetta Schisler
Lawrence County - Two of a deceased mother’s six children appeal a jury’s specific findings that their mother’s last will was invalid because they had a confidential relationship with their mother and unduly influenced her to execute the will. Plaintiffs, the decedent’s four other children, commenced this action to contest the will the appellants offered for probate. On appeal, the appellants contend there is no material evidence to support the jury’s findings that they had a confidential relationship with their mother ort hat they exerted undue influence. Appellants also contend the trial court erred by admitting evidence of a criminal conviction of one of the appellants. Whether to admit the evidence was within the sound discretion of the trial court and we find the court did not abuse its discretion by admitting the evidence; moreover, the trial court gave a limiting instruction that evidence of the crime was only relevant as it pertained to motive and intent to influence the testatrix to change her will. As for the jury verdict, we find substantial and material evidence that supports the jury’s findings in the record. Accordingly, we affirm the trial court in all respects.
Timothy Morton v. State of Tennessee
TN Claims Commission - Claimant filed this claim for damages seeking return of bond money he had posted. He alleged a violation of his constitutional rights resulted when the State charged him for the same two crimes in two different counties. The State responded with a motion to dismiss contending that the Claims Commission lacks subject matter jurisdiction over the claim. The Claims Commissioner granted the motion. Claimant appeals. We affirm.
William David McLarty vs. Wilma Walker
Roane County - On remand from this Court in an earlier appeal in this case, the Trial Court entered an order on April 9, 2009 finding and holding, inter alia, that Wilma Walker (“Defendant”) and her tenants, guests, and invitees were restrained from, among other things, parking in or obstructing a driveway shared by Defendant with William David McLarty (“Plaintiff”). The Trial Court’s order held that Defendant would be strictly liable for violations of the restraining order by any of her tenants, or guests or invitees of her tenants. Defendant appeals the Trial Court’s order to this Court. We affirm.
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