COURT OF APPEALS OPINIONS

White's Electric vs. Lewis Constr.
02A01-9803-CH-00064
Trial Court Judge: Joe C. Morris

Madison Court of Appeals

Gayle Penley vs. Honda Motor
02A01-9805-CV-00131
Trial Court Judge: Whit A. Lafon

Chester Court of Appeals

Mid-South Builders vs. Delores Williams
02A01-9805-CH-00126
Trial Court Judge: C. Neal Small

Shelby Court of Appeals

Melvin Glover vs. Todd Kaplan
02A01-9808-CV-00228
Trial Court Judge: Karen R. Williams

Shelby Court of Appeals

David Aaron Goodman v. Halle Lynn Hirsh Goodman
02A01-9809-CV-00255
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Kay S. Robilio

David Aaron Goodman (“Husband” or “Appellant”) appeals the judgment of the trial court which awarded a divorce to Halle Lynn Goodman (“Wife” or “Appellee”), found Wife to be incapable of being rehabilitated and ordered Husband to pay the sum of $2,200.00 per month to Wife as alimony in futuro, and the sum of $16,961.25 as alimony in solido for Wife’s attorney fees, and further ordered Husband to pay credit card debt in the amount of $22,000.00 incurred by Wife after separation.

Shelby Court of Appeals

Barry Shawn Ralston, v. Gina Ione HollowwayRalston
01A01-9804-CV-00222
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Muriel Robinson

This appeal arose after the trial court rejected Appellant Barry Shawn Ralston's ("the father") petition to reduce child support on the basis of his reduced actual income. In his sole issue on appeal, the father argues that the trial court misapplied Tenn. Code Ann. § 36-5-101 (a) (1), which he claims mandated the modification of child support on a showing of a significant variance between the amount of child support required by application of the Child Support Guidelines to his current actual income and the previously-ordered support obligation. Appellee Gina Ione Holloway Ralston ("the mother") responds that the father remains intentionally underemployed and that the trial court properly considered the father’s potential income in denying the requested reduction. For the reasons set out herein, we vacate and remand for further proceedings.

Davidson Court of Appeals

Barbara Cornett, v. Deere & Company, General Equipment and Vernon Keith
01A01-9808-CV-00405
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge John Turnbull

This personal injury case arose when Plaintiff Barbara Cornett sustained injuries while operating a lawn mower manufactured by Defendant Deere & Company and sold by General Equipment and its owner Vernon Keith. Ms. Cornett sued, alleging negligence, breach of warranty, and strict liability. She also sought punitive damages. The first trial concluded with a directed verdict for the defendants at the conclusion of the evidence. The trial court, however, granted Ms. Cornett a new trial.1 In the second trial, the court granted directed verdicts to Vernon Keith on all issues, to both General Equipment and Deere & Company on the issues of negligence and punitive damages and to General Equipment on the strict liability claim. The jury returned a defense verdict on the remaining breach of warranty and strict liability claims. Ms. Cornett appeals, alleging ten errors. We affirm.

Warren Court of Appeals

Stella L. Starks v. Samuel J. Browning, Joseph F. Browning, et al. - Concurring
01A01-9801-CV-00038
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge John H. Gasaway, III

This appeal involves a law firm’s efforts to enforce a statutory attorney’s lien on the proceeds of a post-verdict personal injury settlement. After the law firm withdrew from representing the plaintiff because of a dispute arising from the settlement, the Circuit Court for Robertson County, the court where the underlying personal injury action had been tried, granted the law firm’s motion for a lien on the settlement proceeds for its fee and costs advanced on the plaintiff’s behalf. Thereafter, the trial court granted the law firm’s motion to execute on the lien and directed the plaintiff to pay her former law firm $51,091.99. On this appeal, the plaintiff asserts that the trial court erred by directing her to pay her former law firm because the lien was not properly perfected and because the procedure followed by the trial court did not permit her to assert her available claims and defenses against her former law firm. While we have determined that the law firm properly perfected its lien, we find that the trial court did not have the authority to adjudicate the fee dispute between the law firm and its former client. Accordingly, we reverse the portion of the trial court’s order granting the motion for execution of the attorney’s lien.

Robertson Court of Appeals

Charles ClayYoung v. Louise Johnson, Toy Young, and Hubert Barr
01A01-9902-CV-00105
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Judge John A. Turnbull

Plaintiff filed a pro se complaint ["Torts Suit"] for damages suffered as a result of Defendants' removal of a dwelling he constructed on Young-Graham family cemetery property, and for back wages as a maintenance worker at the cemetery and punitive damages. The Trial Court, after consideration of the pleadings and Affidavits filed by the parties, entered an Order granting the Defendants summary judgment, which judgment the Plaintiff appeals. The appeal was submitted on briefs and addressed only the Defendants' removal of the dwelling the Plaintiff constructed on cemetery property. For the reasons herein stated, we affirm the Trial Court's dismissal of the Plaintiff's complaint.
 

White Court of Appeals

State of Tennessee, Department of Children's Services, v. James Bostick Osborne, In the matter of Sherry Monet Hendren
01A01-9810-JV-00564
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Betty Adams Green

This case involves a petition for termination of parental rights. The Respondent/Appellant, James Bostick Osborne, appeals from an order of the Juvenile Court of Davidson County terminating his parental rights as the biological father of Sherry Money Hendren. We affirm the judgment of the Trial Court.

Court of Appeals

Alexander & Associates, Inc. v. Debra Bond-Owens - Concurring
01A01-9812-CV-00618
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Judge Thomas W. Brothers

This is a suit initiated in the General Sessions Court for Davidson County by Alexander & Associates, Inc., an insurance agency, seeking to recover from Debra Bond-Owens, its former employee, reimbursement for payments made to her which it contends were “unearned advanced salary in the amount of $5701.37, plus interest.”
 

Davidson Court of Appeals

Shannon Rhea Roberts v. Creig McLaughlin - Concurring
01A01-9812-JV-00631
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Betty Adams Green

This case originated as a paternity action. Shannon Rea Roberts (“Ms.  Roberts”) sought to establish that Creig McLaughlin (“McLaughlin”) was the father of her child, Dylan Daniels Roberts (“Dylan”) (DOB: February 14, 1997). The part of the case now before us concerns the petition to  intervene filed in that proceeding by Janice Roberts (“Grandmother”), who is the mother of Shannon Rea Roberts and the grandmother of Dylan. In her petition, Grandmother seeks court-ordered “reasonable visitation  rights” with Dylan. McLaughlin moved to dismiss Grandmother’s petition, relying on Rule 12.02(6), Tenn.R.Civ.P., and asserting that the petition  “fail[s] to state a claim upon which relief can be granted.”1 Id. The trial court granted McLaughlin’s motion, finding2 that T.C.A. § 36-6-306 (Supp. 1998) does not authorize an award of grandparents’ visitation under the undisputed material facts of this case. Grandmother appeals, arguing that the trial court erred in dismissing her petition.  We affirm.

Davidson Court of Appeals

Betty Nesmith and Cecil Nesmith, v. John Alsup, II, and Teresa Alsup
01A01-9809-CH-00509
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Robert E. Corlew, III

The plaintiff petitioned the court for a declaration that she was entitled to a one-half interest in a farm that had been part of her father’s estate. Her brother responded by claiming to be the sole owner under the provisions of their father’s will, or in the alternative, under a theory of adverse possession. The trial court found that the effect of the will was to divide the property equally between the siblings, and that the brother failed to prove ownership by adverse possession. We affirm the trial court.

Rutherford Court of Appeals

Mobile Living, Inc., v. J. Michael Tomlin and Aubrey Earl Gregeory, et al.
01A01-9809-CH-00466
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This case is before the court on interlocutory appeal from the Chancery Court of Davidson County under Tennessee Rules of Appellate Procedure Rule 9. The trial court order granting the interlocutory appeal presents a single issue: "1. Whether the defendant Gregory's affirmative defenses of waiver, laches and estoppel, abandonment, and breach of duty of good faith and fair dealing are matters of law to be decided by the court and not material facts in dispute, which would be decided by the jury in the case."

Davidson Court of Appeals

Herman Vanderheyden, d/b/a Vanderheyden Construction Co. v. Ajay Inc. and Federal Savings Bank - Concurring
02A01-9803-CH-00070
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Floyd Peete, Jr.

This is a construction case. The defendant owner hired the plaintiff contractor to build a movie theater. The contract contained an arbitration clause. The owner terminated the contractor before the construction was completed. The contractor filed suit against the owner regarding an amount of money required to be held in escrow pursuant to Tennessee Code Annotated § 66-11-144, which permits the contractor to seek “any remedy in a court of proper jurisdiction . . . .” The trial court stayed the proceedings and ordered the parties to arbitration. We reverse and remand.

Shelby Court of Appeals

Shawn Michelle (Stewart) Dill v. Jeffrey Allen Dill
02A01-9810-GS-00272
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Max Seaton

This is a child support case. Respondent/Appellant, Jeffrey Allen Dill (Father), appeals the trial court’s order modifying the amount of child support to be paid to Petitioner/Appellee, Shawn Michelle (Stewart) Dill (Mother).

Hardin Court of Appeals

Brennco Inc. vs. Chattanooga Better Housing Comm.
E2000-01508-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Frank Brown, III
Plaintiff's action for an order restraining defendant from demolishing plaintiff's buildings was ultimately dismissed, after plaintiff failed to meet conditions set by the Court to keep the restraint in place. On appeal, we affirm.

Hamilton Court of Appeals

Jennifer Kensinger vs.s James Kensinger
02A01-9811-CV-00322
Trial Court Judge: James F. Russell

Shelby Court of Appeals

Valerie Humphries vs. Plant Maint.
02A01-9811-CV-00323
Trial Court Judge: George H. Brown

Shelby Court of Appeals

TN Downs vs. William Gibbons
02A01-9812-CH-00379
Trial Court Judge: Floyd Peete, Jr.

Shelby Court of Appeals

Eatherly vs. Eatherly
01A01-9806-CV-00314
Trial Court Judge: Bobby H. Capers

Wilson Court of Appeals

Hosale vs. Warren
01A01-9810-CV-00523
Trial Court Judge: Hamilton V. Gayden, Jr.

Davidson Court of Appeals

In Re: Annie Christina Harris
01A01-9901-CV-00017
Trial Court Judge: Royce Taylor

Rutherford Court of Appeals

Thompson vs. Telco
01A01-9801-CH-00045
Trial Court Judge: Henry Denmark Bell

Williamson Court of Appeals

Smith vs. Smith
01A01-9809-CH-00515
Trial Court Judge: Henry Denmark Bell

Williamson Court of Appeals