COURT OF APPEALS OPINIONS

In re: Estate of Marguerite Mongold Cranor
M1997-00231-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Tom E. Gray

This appeal involves a dispute over a sizeable estate. After learning that they had been excluded from their relative’s will, thirteen of the testatrix’s heirs challenged the will in the Chancery Court for Sumner County on the grounds of improper execution, lack of testamentary capacity, and undue influence. The proponents of the will asserted that the contestants lacked standing because their challenge, even if successful, would only revive an earlier will from which they had likewise been excluded. The trial court found that the contestants had standing but, following a bench trial, determined that the contestants had failed to prove their improper execution, lack of testamentary capacity, or undue influence claims. On this appeal, the contestants take issue with the decision to uphold the will; while the proponents take issue with the conclusion that the contestants had standing to challenge the will. We have determined that the contestants had standing to challenge the will and that the trial court properly determined that the will should be admitted to probate in solemn form. Accordingly, we affirm the judgment. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed and Remanded.
 

Sumner Court of Appeals

Donnie Shawn Julian v. Lisa Carol Julian
M1997-00236-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge John B. Melton

This appeal involves a custody dispute over twin daughters born after their parents separated following a brief marriage. The father filed for divorce in the Putnam County General Sessions Court shortly after learning that the mother was pregnant, and the mother counterclaimed for divorce and for sole custody of the unborn children. Following a bench trial, the general sessions court granted the father a divorce based on the mother’s inappropriate marital conduct, awarded the father sole custody of the children, and directed the mother to pay child support. On this appeal, the mother asserts that the general sessions court’s decision interferes with her constitutional right to make primary care-taking decisions for her children, that she is comparatively more fit than the father to be the custodial parent, and that the general sessions court should have awarded joint custody. We have determined that the custody arrangement does not impermissibly interfere with the mother’s parental rights and that the evidence fully supports the general sessions court’s custody decision. Accordingly, we affirm the judgment awarding sole custody to the children’s father. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the General Sessions Court Affirmed and Remanded
 

Putnam Court of Appeals

Venessa Lynn Totty v. Michael Alan Totty - Concurring
W1999-02426-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Kay S. Robilio

I concur with the results reached by the majority in this case. With respect to the issue of counseling, I agree with the majority that the statute has become inapplicable in the present case due to the child having reached majority. I write separately because of my concern that the majority
opinion might be interpreted as limiting a trial court’s discretion to order counseling to that specifically set forth in T.C.A. § 36-6-101(e)(1), the text of which is set forth in the majority opinion. I interpret the statute to be permissive rather than prohibitive. For example, I can envision a trial court ordering a non-custodial parent to undergo counseling for anger management as a condition of exercising visitation rights. I do not believe the aforementioned statute prohibits this.

Shelby Court of Appeals

Davis, et al vs. Eubanks and DHS
M1999-00066-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Irvin H. Kilcrease, Jr.

Davidson Court of Appeals

Crowell vs. Brown
M1999-00505-COA-R3-CV
Authoring Judge: Judge David Michael Swiney

Humphreys Court of Appeals

Basily vs. Rain, Inc., et al
M1998-00917-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Thomas W. Brothers

Davidson Court of Appeals

Estate of Divinny vs. Wheeler Bonding Co.
M1999-00678-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Frank G. Clement, Jr.

Davidson Court of Appeals

Frances Jean Hernandez v. Philip Andreus Hernandez
M1999-00967-COA-R3-CV
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge Marietta M. Shipley

The appellant owned an undivided one-third interest in a residence prior to his marriage to the appellee. They occupied the residence for about two years, during which time the evidence reveals that the appellee engaged herself in constant repairs, thereby increasing the liveability and value of the residence. She was awarded 75% of the increase in the value of this residence during the marriage, of which the appellant complains.

Davidson Court of Appeals

Amos vs. Vanderbilt
M1999-00998-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Hamilton V. Gayden, Jr.

Davidson Court of Appeals

Wendy Byrne vs. Steven Byrne
W1999-01492-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford

Madison Court of Appeals

Louise Holder vs. First TN Bank
W1998-00890-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Robert S. Benham

Shelby Court of Appeals

Peggy Shephard vs. Wal-Mart
W1998-00903-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: C. Creed Mcginley

Henry Court of Appeals

Jean Straub vs. Jason Roberts
W1998-00854-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Kay S. Robilio

Shelby Court of Appeals

Robbie Allen vs. Piggly Wiggly
w1999-00478-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Robert A. Lanier

Court of Appeals

W1999-00247-COA-R3-CV
W1999-00247-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Ron E. Harmon

Benton Court of Appeals

E1999-1531-COA-R3-CV
E1999-1531-COA-R3-CV

Court of Appeals

E1999-2339-COA-R3-CV
E1999-2339-COA-R3-CV

Hamilton Court of Appeals

R. E. Sharp, Jr. vs. Campbell Co. Bd. of Education & Campbell Co., TN
E1999-00397-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

Campbell Court of Appeals

William A. Harvey vs. Lenoir City Utilities Board
E1999-00601-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman

Court of Appeals

State ex rel Jerry N. Estes vs. Johnny Dewayne Hicks
E1999-01603-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks

Court of Appeals

John Constantine, II et al vs. Miller Ind., Inc. et al
E1999-01575-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: W. Frank Brown, III

Hamilton Court of Appeals

Robert Bowman, et al vs. Gatlinburg Condo Mgt.
E1999-02096-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

Sevier Court of Appeals

E1999-02107-COA-R3-CV
E1999-02107-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

Knox Court of Appeals

Deborah Ann Holland vs. Jason Keith Holland
E1999-00586-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
In Re: Estate of Homer Haskell Mills, deceased Ronald Dean Mills vs. Peggy Sue Posey, et al

Sevier Court of Appeals

F. G.Sutton vs. J.W. Sutton
E1999-00302-COA-R3-CV
Authoring Judge: Judge David Michael Swiney

Court of Appeals