COURT OF APPEALS OPINIONS

Stuart Bowden vs. Memphis Bd. Ed.
02A01-9807-CH-00217
Trial Court Judge: C. Neal Small

B.C.I. vs. City of Memphis
02A01-9709-CH-00238
Trial Court Judge: C. Neal Small

Morgan vs. Driskill
03A01-9802-CV-00079

City of Cleveland vs. Bradley County .
03A01-9804-CV-00140

Beason vs. Beason
03A01-9809-CV-00314

Nicely vs. John Doe
03A01-9810-CV-00322

Coleman vs. Coleman
03A01-9810-CV-00329

Cochran vs. Lowe
03A01-9809-CV-00292

State vs. Paul & Galvin
03A01-9807-CV-00233

Clark vs. Clark
03A01-9807-CH-00224

Burns vs. Burns
03A01-9806-CH-00190

Lee vs. Strickland
03A01-9806-CH-00195

O3A01-9810-CV-00355
O3A01-9810-CV-00355

Kennedy vs. Holder et al
01A01-9805-CV-00242
Trial Court Judge: Buddy D. Perry

Bowman vs. Midstate Finance Co.
01A01-9808-CH-00424
Trial Court Judge: W. Charles Lee

Julia Leach Bryan vs. James Leach
M1998-00922-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Jim T. Hamilton
This case involves post-divorce disputes over alimony and child support and issues of contempt of court. The father commenced this appeal after the trial court declined to modify or terminate his alimony obligation and awarded the mother more than $50,000 in child support arrearages and, later, found the father in contempt of court and ordered him to pay a fine of $100 per day until all judgments were paid to the mother. On appeal, the father argues that his alimony obligation should have terminated or decreased, that a portion of his child support payments should be placed in trust for the benefit of the children, and that the trial court erred by fining him for contempt. We affirm the trial court's orders but modify the fine imposed upon the father.

Julia Leach Bryan vs. James Leach
M1998-00922-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Jim T. Hamilton
This case involves post-divorce disputes over alimony and child support and issues of contempt of court. The father commenced this appeal after the trial court declined to modify or terminate his alimony obligation and awarded the mother more than $50,000 in child support arrearages and, later, found the father in contempt of court and ordered him to pay a fine of $100 per day until all judgments were paid to the mother. On appeal, the father argues that his alimony obligation should have terminated or decreased, that a portion of his child support payments should be placed in trust for the benefit of the children, and that the trial court erred by fining him for contempt. We affirm the trial court's orders but modify the fine imposed upon the father.

Billy Steagall vs. Nancy Steagall
M1998-00948-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Lee Russell
This appeal involves a post-divorce dispute regarding the custody a 15-year-old boy. In August 1997, the boy's father petitioned the Chancery Court for Marshall County to change the minor's custody because of his concern that the mother's attempt to home school the boy had undermined his education and development of social skills. The mother opposed the petition and requested an increase in child support. During the June 1998 trial, the father presented evidence raising serious questions about the progress of the child's education and development of social skills, as well as other aspects of the mother's approach to parenting. The mother presented no evidence of her own. Instead, after the close of the father's proof, she asserted that the trial court could remediate the acknowledged deficiencies without changing custody. Thereafter, the parties and the court discussed at length the provisions of a proposed remedial order, and the hearing was adjourned when the parties and the court believed they had agreed on the contents of the proposed order. Before the trial court entered the proposed order, the wife took issue with a provision requiring her to enroll the child in public school. The trial court informed the parties that it had understood that both parties had agreed to send their child to public school and that it would resume the trial if its understanding was incorrect. Rather than requesting the trial court to resume the hearing, the mother filed this appeal claiming that the trial court had infringed on her constitutionally protected right to raise her child. We have determined, in accordance with Tenn. R. App. P. 36(a), that the mother is not entitled to appellate relief because she is, in part, responsible for the error and because she failed to pursue the reasonably available steps that would have nullified the harmful effect of the error. Accordingly, we affirm the judgment.

Janice Hillyer vs. Charles Hillyer
M1998-00942-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: James E. Walton
The issues in this post-divorce case arise because the former husband's waiver of military retirement pay in order to receive disability benefits cut off the former wife's receipt of her portion of the retirement pay which had been awarded to her in the distribution of marital property. The former wife filed a contempt petition, seeking to reinstate her portion of the benefits. The trial court, relying on Gilliland v. Stanley, an unpublished opinion from this court, denied her motion for contempt. In light of our Supreme Court's holding in Johnson v. Johnson, No. W1999-01232-SC-R11-CV, 2001 WL 173502 (Tenn. Feb. 23, 2001), we reverse and remand.

Janice Hillyer vs. Charles Hillyer
M1998-00942-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: James E. Walton
The issues in this post-divorce case arise because the former husband's waiver of military retirement pay in order to receive disability benefits cut off the former wife's receipt of her portion of the retirement pay which had been awarded to her in the distribution of marital property. The former wife filed a contempt petition, seeking to reinstate her portion of the benefits. The trial court, relying on Gilliland v. Stanley, an unpublished opinion from this court, denied her motion for contempt. In light of our Supreme Court's holding in Johnson v. Johnson, No. W1999-01232-SC-R11-CV, 2001 WL 173502 (Tenn. Feb. 23, 2001), we reverse and remand.

Suzette Marie Elder vs. Sidney Lee Elder
M1998-00935-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: J. Curtis Smith
This appeal involves a post-divorce custody dispute precipitated by the custodial parent's decision to accept a job in Texas. The custodial parent requested the Circuit Court for Franklin County to permit the parties' children to accompany him to Texas and to adjust the visitation arrangements accordingly. The non-custodial parent responded by requesting the trial court to change custody. Following a bench trial, the trial court declined to change the existing custody arrangement and permitted the custodial parent to move to Texas. On this appeal, the non-custodial parent takes issue with both the denial of her petition to change custody and the approval of the custodial parent's move to Texas. We have determined that the record supports both of these decisions and, therefore, affirm the trial court.

Street vs. Waddell
03A01-9710-CV-00488

McKinley vs. Holt
03A01-9807-PB-00220

Dpt. Human Services vs. Whaley
03A01-9809-JV-00272

O'Bryant vs. Reeder Chevrolet
03A01-9810-CV-00325