Woods v. Fields

798 S.W.2d 239, 1990 Tenn. App. LEXIS 216
CourtCourt of Appeals of Tennessee
DecidedMarch 29, 1990
StatusPublished
Cited by4 cases

This text of 798 S.W.2d 239 (Woods v. Fields) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Woods v. Fields, 798 S.W.2d 239, 1990 Tenn. App. LEXIS 216 (Tenn. Ct. App. 1990).

Opinion

FARMER, Judge.

This case arose out of the death of Olice C. Fields, Jr. (“Mr. Fields, Jr.”) on May 23, 1977. At the time of his death, Mr. Fields, Jr. was living in Shelby County, Tennessee, with Julia Faye Woods Tipton (“Ms. Tip-ton”) and their two-year-old illegitimate daughter, Karen Woods. As a result of his death, the parents of Mr. Fields, Jr., Olice C. Fields, Sr. and Willie Fai Fields (“Mr. and Mrs. Fields, Sr.”), filed suit in federal district court on May 9, 1978 against, inter alia, Shelton Fertilizer Company, Inc. (“Shelton Fertilizer”) and three of its employees, the City of Covington, Tennessee and its mayor and chief of police, and the sheriff of Tipton County. After extended litigation that case was settled and dismissed with prejudice on October 29, 1987. It was alleged that Mr. and Mrs. Fields, Sr. received a structured settlement.

On November 30, 1987, Karen Woods and Karen Woods by next friend, parent and natural guardian, Julia Faye Tipton Woods brought this action in the Chancery Court of Shelby County against Mr. and Mrs. Fields, Sr., Shelton Fertilizer and one of its employees, and United States Fidelity and Guaranty Insurance Company (“U.S.F. & G.”). The complaint alleged that Karen Woods is the illegitimate child of the decedent, Mr. Fields, Jr., and sought to establish a relationship of parent and child in accordance with T.C.A. § 31-2-105 (1984 & Supp.1989) for the purpose of intestate succession. The complaint alleged that the funds which Mr: and Mrs. Fields, Sr. obtained in the settlement of the federal court action were wrongfully obtained and should be impressed with a constructive trust for the benefit of Karen Woods. The complaint also sought a restraining order to restrain further payments of the settlement funds and to restrain Mr. and Mrs. Fields from disposing of any funds currently in their possession. Finally the complaint sought an accounting of all the funds paid or received in the settlement of the federal court case.

All defendants filed motions to dismiss, including Mr. and Mrs. Fields, Sr., who based their motion on the following grounds: improper venue, statute of limitations, laches, and failure to state a claim upon which relief could be granted. The Shelton Fertilizer employee was dismissed by consent order.

On April 11, 1988 a hearing was held to consider the remaining defendants’ motions to dismiss and the plaintiff’s motion for a temporary injunction to extend the earlier temporary restraining order. By order of April 21, 1988, the Chancellor dismissed all remaining defendants, ruling that laches was a valid defense which would bar this action and dissolved the temporary restraining order, leaving paternity as the final issue to be determined. Karen Woods moved the trial court for permission to file an interlocutory appeal of the dismissals, which was denied. A voluntary nonsuit against Shelton Fertilizer and U.S.F. & G. was entered on May 2, 1988.

A hearing on the issue of paternity was conducted on October 27, 1988, at which Mr. and Mrs. Fields, Sr. moved the court to dismiss the case for lack of subject matter jurisdiction. They argued that the juvenile court has exclusive jurisdiction over all cases to establish paternity of children born out of wedlock. The Chancellor found that, for the purpose of intestate succession, the paternity action was properly before the chancery court and denied the motion to dismiss. The Chancellor found that there was clear and convincing evidence to prove that Mr. Fields, Jr. was the natural parent and father of Karen Woods for the purpose of intestate succession pursuant to T.C.A. § 31-2-105. The Chancellor also dismissed counts II and III of the complaint which sought to impose a con[241]*241structive trust, an accounting, and a restraining order on the funds of the federal court settlement.

On appeal we perceive the issues to be as follows:

1. Whether this Court has jurisdiction over this appeal.
2. Whether the Chancery Court of Shelby County had jurisdiction over the suit to establish paternity for the purpose of intestate succession.
3. Whether venue for an action against Mr. and Mrs. Fields, Sr. was proper in the Chancery Court of Shelby County.
4. Whether laches can be applied to a minor.
5. Whether a constructive trust should be imposed on the proceeds of the wrongful death settlement currently in the hands of Mr. and Mrs. Fields, Sr.

Concerning the first issue, appellees contend this appeal was not timely filed. Rule 3 of the Tennessee Rules of Appellate Procedure provides that an appeal as of right is available from every final judgment in a civil action, except:

if multiple parties or multiple claims for relief are involved in an action, any order that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties is not enforceable or ap-pealable and is subject to revision at any time before entry of a final judgment adjudicating all the claims, rights, and liabilities of all parties.

The Chancellor’s order of April 21, 1988, dismissing Mr. and Mrs. Fields, Sr. based on the defense of laches was not a final judgment because it did not dispose of all the claims of all the parties. The issue of paternity was still before the chancery court. Rule 4(a), T.R.A.P. provides that for an appeal to be timely, notice of appeal shall be filed with and received by the clerk of the trial court within 30 days after the date of entry of the judgment appealed from. Our review of the record shows that the Chancellor’s final order was entered on January 9, 1989 and the notice of appeal was filed on February 7, 1989. Thus this appeal was timely filed.

The second issue is whether the Chancery Court of Shelby County had jurisdiction over this suit to establish paternity. T.C.A. § 31-2-105 (1984 and Supp. 1989) provides that, for purposes of intestate succession, a relationship of parent and child can be established after the death of the father by clear and convincing proof. In Thompson v. Coates, 627 S.W.2d 376 (Tenn.App.1981) the court found that the chancery court, not the juvenile court, was the proper place to bring a paternity action for the purpose of intestate succession. This issue is without merit.

The next issue concerns whether venue for this action against Mr. and Mrs. Fields, Sr. was proper in the Chancery Court of Shelby County. Mr. and Mrs. Fields, Sr. contend that venue cannot be conferred upon them by bootstrapping the claim for a constructive trust with the paternity action. Also, Mr. and Mrs. Fields, Sr. claim that venue under T.C.A. § 16-11-114 was not proper because they did not reside in Shelby County.

T.C.A. § 16-11-114 (1980) provides as follows:

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Cite This Page — Counsel Stack

Bluebook (online)
798 S.W.2d 239, 1990 Tenn. App. LEXIS 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woods-v-fields-tennctapp-1990.