COURT OF APPEALS OPINIONS

Tucker et al vs. Turner
01A01-9708-CV-00426
Trial Court Judge: James E. Walton

Owens vs. Owens vs. Owens
01A01-9709-CH-00471
Trial Court Judge: William B. Cain

Williams vs. 7-11
01A01-9710-CV-00560
Trial Court Judge: Thomas Goodall

Schindel vs. Bass
01A01-9711-CV-00655
Trial Court Judge: Barbara N. Haynes

Miglin vs. Miglin
01A01-9802-CH-00080
Trial Court Judge: Jim T. Hamilton

Taylor vs. State
01A01-9707-CH-00338

03A01-9810-CV-349
03A01-9810-CV-349
Trial Court Judge: Jerry Kerley, Larry Futrell

King of Clubs vs. William Gibbons
02A01-9801-CV-00024
Trial Court Judge: George H. Brown

Brittney Patterson vs. Jerry Dunn
02A01-9710-CV-00256
Trial Court Judge: John Franklin Murchison

Gary Vick vs. Linda Vick
02A01-9802-CH-00051
Trial Court Judge: John Walton West

David Swett, Sr. v. Grace Z. Aleman Swett
M1998-00961-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Muriel Robinson
This appeal involves the dissolution of a nine-year marriage. Following a bench trial in the Circuit Court for Davidson County, the trial court found both parties to be at fault but awarded the divorce to the wife. The court also granted the parties joint custody of their son and divided their property. On this appeal, the wife asserts that the trial court erred by concluding that her conduct contributed to the divorce and by refusing to give her sole custody of the parties' son. Both parties take issue with the manner in which the trial court divided their property. The wife asserts that the trial court erred by classifying the husband's interest in the real property on which his family's restaurant is located as separate property and by failing to award her a portion of the appreciation in the value of his family restaurant business. The husband takes issue with the trial court's refusal to award him certain items of household furnishings. Finally, the wife asserts that she is entitled to post-judgment interest on the judgment used to equalize the distribution of the marital estate, as well as her legal expenses incurred on appeal. We have determined that the trial court's fault determination, joint custody arrangement, and division of marital property are supported by the record. Accordingly, we affirm the judgment and deny the wife's request for appellate legal expenses.

Memphis Credit Union vs. Mary Montgomery
02A01-9810-CV-00286
Trial Court Judge: Karen R. Williams

Margaret Parker vs. Kroger Co.
02A01-9812-CV-00373
Trial Court Judge: James F. Russell

Randall Henley, et al vs. Russell Amacher, et al
M1999-02799-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Buddy D. Perry
This appeal involves an early morning, drunken joyride by four teenagers that ended when their sport utility vehicle overturned. One of the passengers who was injured when he was thrown from the vehicle sued the driver and his father in the Circuit Court for Franklin County seeking $200,000. A jury assessed the passenger's damages and attributed 75% of the fault to the driver and 25% of the fault to the passenger. In accordance with the jury's verdict, the trial court awarded the passenger a $34,125 judgment against the driver and his father. On this appeal, the driver and his father take issue with (1) the allocation of less than 50% of the fault to the passenger, (2) the lack of evidence to support the application of the family purpose doctrine, (3) the awards for permanent impairment and future medical expenses, and (4) the trial court's refusal to give two requested instructions. We have determined that the only reversible error in the proceeding involves the jury's decision to award the passenger $20,000 for future medical expenses. Accordingly, we affirm the jury's verdict as to liability and allocation of fault. With regard to the damage award, we suggest a remittitur which, if accepted, will reduce the passenger's judgment to $19,125.

Becky Chenault vs. William Carsley
02A01-9710-CV-00255
Trial Court Judge: William B. Acree

02A01-9802-CH-00269
02A01-9802-CH-00269
Trial Court Judge: George R. Ellis

In the matter of S.MC. and J.L.C.
01A01-9807-JV-00358
Trial Court Judge: Andrew J. Shookhoff

Katherine Theresa DeVault, v. James Canon DeVault, Jr.
01-A-01-9806-CV-00270
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Muriel Robinson

This appeal involves a dispute over child support for the parties' two minor children. The trial court denied the Father's petition to modify the support as it had been set in the final decree. In addition, the court placed a lien on two of the Father's properties and awarded fees to the Mother's attorney. On appeal, we affirm the court's decision with regard to child support and attorney fes. However, regarding the lien, we modify the trial court's decision such that a lien remains on only one of the Father's proerties. Accordingly, the decision of the trial court is affirmed as modified and remand for further proceedings.

Almetter Chalmers vs. Exchange Ins.
02A01-9711-CV-00280
Trial Court Judge: George H. Brown

Regina Harris, Individually and as Parent and Next Friend of a Minor, v. Dr. Andrew L. Chern and Baptist Hospital, Inc.
01A01-9806-CV-00299
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Thomas W. Brothers

This is a medical malpractice case where in Ronnie Dale Netherton, Jr., sustained severe brain injury incident to his birth at Baptist Hospital, Inc. The Trial Judge granted a partial judgment in favor of Baptist as to any negligence alleged against it in connectin with the post-natal care of Plaintiff Ronnie Netherton, Jr. Although the Trial Judge overruled themotion for summary judgment alleging negligence by Baptist preceding Ronnie's birth, the Trial Judge, when ruling on the Plaintiff's motino to reconsider his orfer of partial summary judgment, overruled the motion and made the partial summary judgment final pursuant to Rule 54 of the Tennessee Rules of Civil Procedure, resulting in this appeal.

Ideal Products, Inc., v. Agmark Foods, Inc.
01A01-9807-CV-00348
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Irvin H. Gilcrease, Jr.

This suit involves a commercial lease agreement entered into by Agmark Foods, Inc., Defendant-Appellant, with Ideal Products, Inc. Plaintiff-Appellee, for container chassis used in transporting commodities and bulk products. Agmark Contends that the Chancellor improperly granted a summary judgment in favor of Ideal.

Janice Young vs. John Doe, et al., - Concurring
01A01-9810-CV-00517
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge Thomas W. Graham

This is an uninsured motorist insurance case. Plaintiff/Appellant, Janice C. Young, appeals the order of the trial court granting summary judgment to the unnamed Defendant/Appellee, State Farm Mutual Automobile Insurance Company (State Farm).

First Deposit National Bank, v. Men K. Quach
01A01-9809-CH-00505
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Carol L. McCoy

This is an attack on the service of a summons. The Chancery Court of Davidson County refused to set aside a default judgment based on the sheriff’s return. We affirm.

Stanley Wilson v. Jim Davenport, Tennessee Department of Employment Security and Carrier Air Conditioning
02A01-9712-CH-00301
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Floyd Peete, Jr.

This is an unemployment benefits case. The claimant’s employment was terminated, based on alleged misconduct. His application for employment benefits was denied. After administrative appeals, the chancery court affirmed the denial of benefits. The claimant appeals. We affirm the decision of the chancery court based on the claimant’s failure to timely file his petition for a writ of certiorari.

Homer R. (Toby) Barnes, et al. v. Employers Mutual Casualty Co. - Concurring
03A01-9812-CH-00403
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor Telford E. Fogety, Jr.

In this Declaratory Judgment action, the Trial Judge entered summary judgment against Employers Mutual Casualty Company, in favor of the plaintiffs, declaring “[t]he defendant owes the plaintiffs a duty of defense of the action pending in the Circuit Court for Sevier County, Tennessee, captioned Devin Phillips v. Toby Barnes . . . and further owes indemnity coverage respecting such claim , pursuant to the policies of insurance in question . . .”. The judgment was entered pursuant to T.R.C.P. Rule 54.02, and the insurance company has appealed that decision to this Court.