COURT OF APPEALS OPINIONS

CH-02-0609-1
CH-02-0609-1
Trial Court Judge: Walter L. Evans

Sun Splash Painting v. Homestead Village
M2002-00853-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Irvin H. Kilcrease, Jr.
This appeal involves a challenge to the trial court's refusal to award attorney's fees pursuant to the Prompt Pay Act, and to the court's denial of prejudgment interest. We affirm the trial court in all respects.

Clemmye Mullenix Berger v. Brenda O'Brien,
W2002-00227-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D. J. Alissandratos

Clemmye Mullenix Berger v. Brenda O'Brien,
W2002-00227-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D. J. Alissandratos

W2002-02353-COA-R3-CV
W2002-02353-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Robert A. Lanier

Rose Marie Harper Britt v. Elmer Lee Britt
W2003-00430-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Joe C. Morris

Eddie Belcher vs. State
E2003-00642-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Robert A. Fellman
This claim against the State of Tennessee arises out of a two-vehicle accident. Eddie W. Belcher was driving to church with his wife, Sara O. Belcher, when their vehicle struck the rear of a vehicle driven by Eric Wilson . The Belchers, who sustained severe injuries as a result of this accident, filed a claim against the State, alleging that a dangerous condition existed on the portion of the interstate where the accident occurred and that the section of the interstate was negligently designed and maintained. The Claims Commission determined that the State was negligent in its design of that stretch of interstate, but held that its negligence was not the proximate cause of the Belchers' injuries. The Belchers appeal, arguing that the Claims Commission erred in the second of these two determinations. By way of a separate issue, the State contends that the Belchers' claim is barred by the four-year statute of repose. We affirm.

Rena Thompson vs. Charles Hensley
E2003-00456-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Jerri S. Bryant
Rena Thompson ("Plaintiff") filed this lawsuit claiming her grandson, Charles Hensley, and his wife, Karen Hensley (collectively "Defendants"), breached an oral contract. Specifically, Plaintiff claims she conveyed her house and real property to Defendants in exchange for their oral promise to take care of her and allow her to remain living in the house with them. Plaintiff suffered a stroke and went to live with her son, Perrian Hensley ("Plaintiff's son" or "her son"). After living with her son for approximately one year, Plaintiff wanted to return to her house. When she was not allowed to return to her house, Plaintiff sued Defendants for specific performance. The Trial Court found there was no contract. Plaintiff appeals. We affirm.

Pache Industries vs. Wallace Hardware
E2003-01483-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Kindall T. Lawson
Pache Industries, LLC ("Plaintiff") sued Wallace Hardware Co., Inc. ("Defendant") for unpaid invoices. Defendant was served with the summons and complaint, but did not answer within thirty days. Plaintiff filed a motion for default judgment. After being served with the motion for default judgment, Defendant hired an attorney, filed an answer to the complaint, and filed responses to discovery requests. The Trial Court granted Plaintiff a default judgment. Defendant filed a motion to set aside the default judgment. The Trial Court denied the motion. Defendant appeals. We affirm.

Russell A. Siegfried v. The Grand Krewe of Sphinx,
CH-00-0307-3
Trial Court Judge: D. J. Alissandratos

Brian & Candy Chadwick v. Chad Spence
W2003-00931-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Kay S. Robilio

W2003-00001-COA-R3-CV
W2003-00001-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Daniel L. Smith

W2003-00334-COA-R3-CV
W2003-00334-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: George H. Brown

Nancy Gail (Paulk) Doran v. Oather Paul Doran
W2003-00170-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Steve Beal

W2003-01783-COA-R3-CV
W2003-01783-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Clayburn L. Peeples

The Estate of Alonzo Donald Tucker, Deceased v. Lee M.
W2003-00912-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Lee Moore

W2003-00640-COA-R3-CV
W2003-00640-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Dewey C. Whitenton

Dale Supply Company, v. York International Corp, et al.
M2002-01408-COA-R3-CV
Authoring Judge: Judge Russ Heldman
Trial Court Judge: Judge Carol L. Soloman

The sole determinative issue on appeal is whether an agreement which mandates arbitration in the event of claims or disputes "arising out of or relating in any way to the relationship of the parties or this Agreement, or the breach thereof," requires arbitration of tort claims including acts arising after the parties' contractual relationship ended. We hold that arbitration of claims of tortious interference with contracts or business relations is required under the terms of the parties' agreement and reverse the judgment of the trial court.

Ambrose Associates, v. W. Austin Musselman, Jr.
M2002-02780-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Chancellor Carol L. McCoy

Action to collect rent owed by surety was dismissed by the Trial Court. On appeal, we affirm.

William Jeffrey Tarkington v. Rebecca Juanita Tarkington
M2002-01914-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Muriel Robinson

This appeal arises from the Father's post-divorce petition to set child support and to terminate previously ordered alimony in futuro. From an adverse decision of the trial court denying child support and termination of the alimony obligation, Father appeals. We affirm the portions of the trial court's ruling regarding alimony and reverse the award of attorney's fees and denial of support.

Jodell Dunkin v. David Dunkin
M2002-01899-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Muriel Robinson
This is a post-divorce dispute concerning the custody of Kaylea Jodell Dunkin ("the child") (DOB: July 1, 1994), the child of these litigants. The non-custodial parent, David H. Dunkin ("Father"), filed a petition seeking to enjoin the child's mother, Jodell L. Dunkin ("Mother"), from relocating with the child to Montana. Following a hearing, the trial court found that there was no reasonable purpose for the proposed move and that the relocation would not be in the best interest of the child. The trial court then denied Mother's request to relocate. We affirm.

Beverly Wilson v. Thomas Wilson
M2002-02286-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Steven A. Cassety
This appeal arises from an order of the trial court distributing 25% of the increase in value of the husband's business to the wife as marital property. We affirm.

Denicia Wills v. Russell Wills
M2002-02167-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: C. L. Rogers
This case involves an appeal from an order of the trial court modifying the father's child support obligation and denying the father's request for change of custody. We affirm in part, reverse in part, and remand.

In Re: Martha Blanks Maxwell
M2002-01654-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Charles D. Haston, Sr.
The niece of an elderly woman who suffered a stroke, followed by memory loss and confusion, petitioned the court to be appointed as her aunt's conservator. The trial court granted the petition as well as the conservator's plan to have her aunt moved to an assisted living environment. There, the woman's condition improved, and the guardian ad litem moved the court to consider whether it was advisable to revoke the conservatorship and allow her to return to her own home. After a hearing, the court terminated the conservatorship. The former conservator appeals, and we affirm.

Armand Salvatore vs. Baron Corp.
E2002-01978-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Daryl R. Fansler
Following the termination of his employment, Armand M. Salvatore sued two corporations and six limited partnerships, as well as Miles E. Cullom, Jr., who was a stockholder, director, and president of the corporations, and who was also a limited partner in each of the limited partnerships, for salary, fees, and commissions allegedly due him under the terms of a written employment agreement. He also sued the defendant Cullom for statutory treble damages in tort for interference with his employment contract. Following a bench trial, the court below held that Salvatore, at the time of his termination, was employed under a renewed one-year employment contract. Pursuant to this holding, the trial court awarded him the remainder of his base salary for the second year of his employment. Salvatore appeals, contending that the trial court erred when it failed to award him salary for two additional years, fees, commissions, and treble damages. The defendants, on the other hand, claim that Salvatore is not entitled to the salary awarded to him by the trial court. We modify the trial court's judgment to increase Salvatore's award by $20,500. As modified, the judgment is affirmed.