COURT OF APPEALS OPINIONS

William Fowler, as surviving parent of David Fowler, dec. vs. Ralph Davenport and Jason Richards
E2000-02509-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: G. Richard Johnson
The Trial Court granted defendants summary judgment on the grounds plaintiff's action was time-barred. We reverse and remand.

Washington Court of Appeals

Lola Taylor v. James Taylor
M1999-02398-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Royce Taylor
This appeal arises from the dissolution of a four-year marriage. The wife sought a divorce in the Circuit Court for Rutherford County because of the husband's chronic drunkenness, non-support, and threats of violence. Following a bench trial, the court granted the wife a divorce on the ground of inappropriate marital conduct. The trial court also divided the martial estate, gave the wife custody of the parties' four-year-old daughter, and directed the husband to pay child support. On this appeal, the husband asserts that the trial court erred in its classification and division of the marital property, that the trial court awarded an excessive amount of child support, and that the trial court erred by denying his request to place a portion of his child support in an educational trust fund. For her part, the wife requests an additional award to defray her legal expenses for this appeal. We conclude that the trial court (1) correctly classified and divided the marital estate, (2) properly sequestered a portion of the husband's assets to assure the timely and regular payment of his child support, and (3) properly declined to establish an educational trust fund for the child. We also conclude that the trial court erred by failing to direct the trial court clerk to return the remainder of the sequestered funds to the husband when his child support obligation ceased. In addition, we decline to award the wife her legal expenses for this appeal or to find that this appeal was frivolous.

Rutherford Court of Appeals

Sarah Beth Clingan Overstreet v. Shoney's, Inc.
01A01-9612-CV-00566
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge John A. Turnbull

This appeal involves a freakish accident in which a shard from a broken dinner plate caused a restaurant patron to lose the sight in her left eye. The patron and her husband filed suit against the waitress who dropped the plate and the restaurant in the Circuit Court for Putnam County seeking damages for her injuries and for his loss of consortium. Following a three-day trial, the jury awarded the patron $2,013,000. On this appeal, the restaurant takes issue with several of the trial court’s evidentiary rulings, the trial court’s verdict form, and the trial court’s refusal to grant a remittitur. We affirm the judgment.

Putnam Court of Appeals

E1999-00235-C0A-R3-CV
E1999-00235-C0A-R3-CV
Trial Court Judge: Thomas W. Graham

Rhea Court of Appeals

Adkins vs. Keck
03A01-9804-CV-00141

Court of Appeals

03A01-9506-CV-00205
03A01-9506-CV-00205
Trial Court Judge: Inman

Court of Appeals

Arthur Kerr vs. Christina Kerr
M2000-01730-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol A. Catalano
The trial court granted the parties a divorce, divided the marital property, and ordered child support, but not alimony. On appeal, the wife argues that the trial court erred in its division of marital property and in its failure to award her rehabilitative alimony. We affirm the trial court.

Robertson Court of Appeals

In re: The Adoption of female child, E.N.R.
01A01-9806-CH-00316

Court of Appeals

Paris vs. The City of Lebanon Personnel Review Bd.
01A01-9702-CH-00054

Court of Appeals

Jacqueline Fields vs. Vincent Fifer
02A01-9804-JV-00118

Shelby Court of Appeals

Clinton Lien v. Nashville and Davidson County
M2002-00721-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Walter C. Kurtz
Chief Emmett H. Turner, of the Metropolitan Government of Nashville and Davidson County Police Department, discharged Appellant from employment as a police officer for certain violations of various rules and regulations. The officer appealed his discharge and, after a hearing, the Administrative Law Judge reduced his penalty to a thirty day suspension. The appeal was further heard before the Civil Service Commission, which reversed the ALJ and upheld the dismissal of the officer. The Chancery Court of Davidson County upheld the action of the Civil Service Commission. The officer appeals, and we affirm the judgment of the trial court.

Davidson Court of Appeals

01A01-9503-Ch-00117
01A01-9503-Ch-00117

Cheatham Court of Appeals

Burress vs. Sanders
M1999-00210-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Thomas W. Graham

Sequatchie Court of Appeals

Melissa Kornblee (Jaramillo) vs. Kevin Richard Kornblee
M2000-00379-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Thomas E. Gray
In this post-divorce proceeding, Melissa Danise Foster Kornblee (Jaramillo) appeals the trial court's actions in ordering mental health counseling and treatment of the parties' minor children by a court appointed professional, declining to allow her to relocate with the minor children to Wyoming, allowing Father unsupervised visitation with the children, and awarding Father attorney's fees in defending her motion to suspend unsupervised visitation. We affirm the trial court.

Sumner Court of Appeals

Metro Construction Co., Inc. vs. Cogun Industries, Inc.
02A01-9608-CH-00207
Trial Court Judge: C. Neal Small

Shelby Court of Appeals

03A01-9509-CH-OO301
03A01-9509-CH-OO301
Trial Court Judge: Inman

Court of Appeals

Tiffany Senn v. Romando Haynes
M2002-01519-COA-R3-JV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Donna A. Scott
Tiffany T. Senn (Williams) appeals the action of the Juvenile Court of Rutherford County, changing the primary residential custody of her minor child from Tiffany Senn to the biological father of the child, Romando Haynes. We affirm the action of the trial court.

Rutherford Court of Appeals

Leighann M. Gullett v. Michael J. Hopkins
M2003-02086-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: John W. Rollins
This is a post-divorce change of custody proceeding wherein the trial court found no substantial change of circumstances and denied the Petition. The judgment of the trial court is affirmed.

Coffee Court of Appeals

Sneed (Ford) vs. Sneed
01A01-9612-CH-00542
Trial Court Judge: William B. Cain

Maury Court of Appeals

DeShayne Neal v. Jerry Neal
M2003-02703-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Gerald L. Ewell, Sr.
This is an appeal from the chancery court order refusing to modify the parties' divorce decree and permanent parenting plan. Mother filed a Petition to Modify, and Father filed an Answer and Counter Petition also requesting modification. The Chancellor dismissed both the Petition and Counter Petition finding that there had not been sufficient change in circumstances since the initial entry of the divorce decree to justify modification. Upon review of the Permanent Parenting Plan and Final Decree of the Chancery Court, we find that this Permanent Parenting Plan and the judge's approval of such plan do not meet the requirements of Tennessee law. As such, the Permanent Parenting Plan is vacated, and the case is remanded to the trial court.

Fentress Court of Appeals

Eddie Dobbins vs. George Dobbins
02A01-9710-PB-00246
Trial Court Judge: Donn Southern

Shelby Court of Appeals

Traci Sorrells vs. Donald Lee Sorrells
E1999-01658-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: C. Van Deacon

Bradley Court of Appeals

01A01-9510-CV-00454
01A01-9510-CV-00454
Trial Court Judge: Walter C. Kurtz

Davidson Court of Appeals

Tamco Supply, et al vs. Tom Pollard, et al
W1999-01725-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Lee Moore

Dyer Court of Appeals

Kline vs. Kline
03A01-9706-CV-00240

Court of Appeals