Court of Appeals Opinions

Format: 08/18/2019
Format: 08/18/2019
Mitch Stooksbury vs. American National Property
E2002-02385-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: James B. Scott, Jr.
Mitch and Gina Stooksbury ("Plaintiffs") purchased homeowners insurance from American National Property and Casualty Company ("Defendant"). After Plaintiffs' home was destroyed by fire, they were informed by Defendant that their insurance policy had been cancelled prior to the date of loss because of an underwriting risk arising from missing railing on a deck. Defendant claimed to have mailed a cancellation notice and refund check to Plaintiffs in accordance with the terms of the policy. Plaintiffs denied receiving the cancellation notice or refund check. A jury concluded Defendant failed to prove by a preponderance of the evidence that it mailed the cancellation notice to Plaintiffs. The jury also concluded Defendant acted unfairly and in bad faith, and that Defendant's failure to pay the loss was through fraudulent and deceptive practices. The Trial Court entered a judgment for Plaintiffs in the amount of $92,750, for damages pursuant to the insurance contract, plus prejudgment interest on that $92,750. The Trial Court also assessed a 25% bad faith penalty and an additional 5% for punitive damages. Both parties appeal. We affirm the judgment for Plaintiffs in the amount of $92,750 and the prejudgment interest awarded on that $92,750. The bad faith penalty and award of punitive damages is reversed.
Anderson County Court of Appeals 05/13/03
The Rogers Group vs. Anderson County
E2002-00409-COA-R9-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Telford E. Forgerty, Jr.
After case was tried, the Trial Judge recused and another Judge was designated who granted a new trial on all issues. On appeal, we affirm.
Anderson County Court of Appeals 01/27/03
Larry Kerr vs. Anderson County
E2002-00020-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: James B. Scott, Jr.
The Trial Judge held plaintiff's employment Contract was valid and enforceable. On appeal, we reverse on the grounds the provisions in the Contract are against public policy.
Anderson County Court of Appeals 01/21/03
Nancy Webber vs. Gary Webber
E2002-01355-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: William E. Lantrip
The Trial Court held it had jurisdiction over marital property and alimony. Husband argued since the divorce was granted in Nevada, the Nevada Decree was res judicata on these issues. We affirm.
Anderson County Court of Appeals 12/12/02
Sammy Vest vs. Francis Goswitz
E2001-01613-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: James B. Scott, Jr.
This is a medical malpractice case filed on January 3, 2000, and amended on January 11 of the same year. The suit was by Sammy W. Vest and his adult children, Anglia M. Somner, Cheryl D. Travis, and Danny W. Vest, against Dr. Francis Goswitz and Dr. Helen Vodopick. The suit seeks damages for the Defendants' failure to refer Mr. Vest to a specialist, resulting in an injury to him as well as to his children. The Trial Judge sustained a motion by the Defendants to dismiss the children as parties Plaintiff, and later a motion for summary judgment as to Mr. Vest's suit. He further granted sanctions pursuant to Rule 11.03 against counsel for the Plaintiff. We affirm.
Anderson County Court of Appeals 11/14/02
The Rogers Group vs. Anderson County
E2002-00409-COA-R9-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Telford E. Forgerty, Jr.
After case was tried, the Trial Judge recused and another Judge was designated who granted a new trial on all issues. On appeal, we affirm.
Anderson County Court of Appeals 11/13/02
Robert Jones vs. Vick Idles
E2001-02833-COA-R9-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: William E. Lantrip
Anderson County Court of Appeals 06/26/02
Robert Jones vs. Vick Idles
E2001-02833-COA-R9-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: William E. Lantrip
Anderson County Court of Appeals 06/26/02
Erin Moneymaker Earley v. Robert A. Moneymaker
2001-02462-COA-R3-CV
Authoring Judge:
Trial Court Judge: William E. Lantrip
Anderson County Court of Appeals 06/26/02
Jonathan H. vs. James Stewart
E2001-02485-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: William E. Lantrip
This is a suit brought by Jonathan H., through his mother and next friend, Lisa S., and Lisa S., individually, seeking by means of a writ of certiorari and supercedes, to reverse a determination of the Anderson County School Board expelling Jonathan H. for one year because the Board found that he had violated its zero tolerance policy by possessing drugs on a school campus. We vacate the judgment below, dismiss the appeal and remand.
Anderson County Court of Appeals 06/25/02
Ronald Meredith vs. James Stair
E2001-02852-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: James B. Scott, Jr.
In this suit seeking damages for breach of contract, Ronald C. Meredith, Jr., and Clinton Broadcasters, Inc., were granted a judgment against James F. Stair in the amount of $84,326. Mr. Stair appeals. His single issue insists that the Trial Court was in error in finding a breach of contract. We disagree and affirm.
Anderson County Court of Appeals 04/15/02
M.P.P.,al vs. D.L.K. In Re: C.E.P.
E2001-00706-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: William E. Lantrip
The stepfather, M.P.P. ("Stepfather"), and the biological mother, A.P.P. ("Mother"), of a minor child ("Child") filed a petition to terminate the parental rights of the Child's biological father, D.L.K. ("Father"), so that Stepfather could adopt the Child. When the Child was 17 months old, Father received a 130-month prison sentence. The Trial Court granted partial summary judgment as a matter of law to Mother and Stepfather and terminated Father's parental rights. Father appeals. We affirm, in part, and vacate, in part, and remand.
Anderson County Court of Appeals 02/13/02
2000-02521-COA-R3-CV
Authoring Judge:
Trial Court Judge: James B. Scott, Jr.
Anderson County Court of Appeals 02/13/02