COURT OF APPEALS OPINIONS

Kimbrough Dunlap vs. Patricia Dunlap
02A01-9712-CH-00320
Trial Court Judge: George R. Ellis

Cassandra Lipscomb vs. John Doe
02A01-9711-CV-00293
Trial Court Judge: D'Army Bailey

Elenia Gray vs. Estate of Charles Gray
02A01-9803-PB-00061

Mary P. Solima, v. David J. Solima
01A01-9701-CH-00012
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Cornelia A. Clark

This appeal involves a bitter change of custody proceeding. Two years after the divorce, the father filed a petition in the Chancery Court for Williamson County seeking custody of three of the parties’ five children on the ground that the mother was progressively alienating the children from him. The mother counterclaimed for increased child support. Following a bench trial, the trial court declined to change the custody of the children and increased the father’s child support. The father asserts on this appeal that the trial court erred by refusing to find that the circumstances had changed sufficiently to warrant a change in the custody of the parties’ three youngest children.

McKinley vs. Traughber and Byrd
01A01-9804-CH-00205
Trial Court Judge: Irvin H. Kilcrease, Jr.

Palmer vs. Dept. of Correction
01A01-9712-CH-00731
Trial Court Judge: Irvin H. Kilcrease, Jr.

Dixon vs. Bryan
01A01-9707-CV-00371
Trial Court Judge: Thomas Goodall

Home Builders Assoc. vs. Maury Co. TN & Burson
01A01-9706-CH-00259
Trial Court Judge: Jim T. Hamilton

Durham vs. Durham
01A01-9803-CV-00129
Trial Court Judge: Buddy D. Perry

In Re: Carlton Agib Blessing, deceased
01A01-9712-CH-00691
Trial Court Judge: C. K. Smith

J.C. Bradford vs. Southern Realty
02A01-9801-CH-00006
Trial Court Judge: D. J. Alissandratos

James R. Reynolds, v. Tennessee Board of Parole, et al.
01A01-9701-CH-00016
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Ellen Hobbs Lyle

This appeal involves an inmate’s challenge to the denial of his application for parole by the Tennessee Board of Paroles. After serving approximately ten years ofa 35-year sentence for aggravated rape, the inmate filed a petition for a common-law writ of certiorari in the Chancery Court for Davidson County asserting that the Tennessee Board of Paroles was illegally and arbitrarily declining to honor his plea bargain agreement. The trial court dismissed the petition on the grounds that it failed to state a claim upon which relief could be granted and because it was not timely filed. The inmate has appealed pro se. We concur that the petition was not timely filed and affirm its dismissal in accordance with Tenn. Ct. App. R. 10(b).1

Beatty vs. McGraw et al
01A01-9701-CV-00046
Trial Court Judge: Conrad E. Troutman, Jr.

James Hancock et ux vs. U-Haul Co. of TN
01A01-9801-CC-00001
Trial Court Judge: James E. Walton

Shin Yi (Sunny) Lien and wife Ann Lien, v. Ruth Couch, Individually and Big Ridge Emu Ranch, Inc. et al.
01A01-9609-CV-00398
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Bobby H. Capers

This appeal involves an interstate contract dispute over ten pairs of emu chicks. Two Tennessee residents declined to honor their contract to purchase the chicks after the Arkansas breeders attempted to substitute chicks different from those advertised for sale. The breeders filed a breach of contract suit in Arkansas against the purchasers seeking to recover the unpaid purchase price, and the purchasers filed suit in the Circuit Court for Wilson County seeking to recover their down payment as well as treble damages and attorney’s fees under the Tennessee Consumer Protection Act. After the breeders obtained a judgment in Arkansas against the purchasers, they moved to dismiss the purchasers’ Tennessee lawsuit on the ground that the Arkansas judgment was res judicata to the purchasers’ Tennessee claims. The trial court agreed and dismissed the purchasers’ claims. On this appeal, the purchasers assert that the Arkansas judgment should not have precluded them from pursuing their Tennessee Consumer Protection Act claims in Tennessee. We agree because the Arkansas court did not have the power to award the full measure of relief the purchasers are seeking in the Tennessee proceedings.
 

O. Robert E. Mayers v. Miller Medical Group, An Affiliate of Baptist Healthcare Group; Russell D. Ward, M.D. and Michel Kuzur, M.D.
01A01-9802-CV-00101
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Marietta M. Shipley

Plaintiff, Robert E. Mayers, acting pro se in this medical malpractice action, appeals the decision of the Circuit Court of Davidson County denying his application for relief under Tennessee Rules of Civil Procedure 60.02 from a final summary judgment rendered in favor of the defendants.

James Rowland Moore v. Karen Owen Moore
01A01-9708-CV-00444
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Judge Muriel Robinson

After a 1996 divorce by the Circuit Court of Davidson County the husband filed an independent damages action in the chancery court, alleging that the wife fraudulently induced him to enter into the divorce settlement. The wife filed a Rule 60.02 motion in the divorce court seeking a declaration that she was not guilty of fraud. The divorce court ruled that the chancery court was bound by the circuit court’s judgment and that the husband must pay $2500 in attorney’s fees to the wife for services in the Rule 60.02 motion. We reverse.

Permanent General Assurance Corporation, v. Gilbert Waters, et al.
01A01-9712-CV-00720
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

This case involves an exclusion in an automobile liability policy for a person operating the automobile without a reasonable belief that that person is entitled to do so. The Circuit Court of Davidson County dismissed the insurance company’s action for a declaratory judgment. We reverse, and declare that the exclusion precluded coverage by the company.

Dennis T. Crouse v. Charlane Allen Crouse
02A01-9712-CV-00312
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Kay S. Robilio

This dispute concerns an award of alimony and attorney’s fees. Appellant, Dennis T. Crouse (Husband), appeals from the trial court’s order granting alimony in futuro and attorney’s fees to Appellee, Charlane Allen Crouse (Wife).

State of Tennessee v. Lorenzo Pfeifer
02A01-9811-CC-00307
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge William B. Acree

This appeal involves a juvenile delinquency proceeding. Appellant, Lorenzo Carlos Pfeifer, appeals from the order of the Circuit Court in Obion County which found him a delinquent child because he was guilty of the offense of aggravated burglary and theft of property over $1,000.00. Appellant was committed to the Tennessee Department of Children’s Services for an indeterminate term. The only issue presented for review is whether the evidence is sufficient to prove beyond a reasonable doubt that Pfeifer committed the offense of aggravated burglary and theft of property over $1,000.00.

Chase Cavett Services, Inc., v. Brandon Apparel Group, Inc.
02A01-9803-CH-00055
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Floyd Peete, Jr.

Plaintiff Chase Cavett Services, Inc. (Chase) appeals an order of the chancery court granting a motion to dismiss for lack of personal jurisdiction filed by Defendant Brandon Apparel Group, Inc. (Brandon). Because we find that the chancery court may exercise personal jurisdiction over Brandon, we reverse the ruling of the chancellor.

Steve Makris v. Bob Kapos
02A01-9712-CH-00318
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor C. Neal Small

Steve Makris appeals the trial court’s denial of his claim for accrued and unpaid salaries in this partnership accounting and dissolution case. For the reasons stated hereafter, we reverse the trial court’s judgment.
 

Stephen P. Kopels v. Katherine Annette Bryant
01A01-9711-CV-00646
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge Muriel Robinson

This is a domestic relations case. The appellant complains of the award of the residence to the appellee, and the award of the attorney’s fees. Our review of the findings of fact made by the trial Court is de novo upon the record of the trial Court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. R. APP. P., RULE 13(d); Campbell v. Florida Steel Corp., 919 S.W.2d 26 (Tenn. 1996). Where there is no conflict in the evidence as to any material fact, the question on appeal is one of law, and the scope of review is de novo with no presumption of correctness accompanying a chancellor's conclusions of law. Union Carbide Corp. v. Huddleston, 854 S.W.2d 87 (Tenn. 1993).

Gehl Corporation, v. Ruth E. Johnson, Commissioner of Revenue for the State of Tennessee
01A01-9803-CH-00165
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Ellen Hobbs Lyle

Gehl Corporation filed suit in the Chancery Court of Davidson County to contest an assessment by the Commissioner of Revenue of the "Amusement Tax" imposed by Tennessee Code Annotated section 67-6-212(a)(2).

Patsy Lorean Johnson v. James Larry Johnson
02A01-9703-CH-00069
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor D. J. Alissandratos

This is a divorce case. In the original divorce, years ago, the wife was awarded shares of stock from the husband’s p ension fund. Subs equently, the pension fund was distributed to the husband, with no monies going to the wife. In this action, the trial court awarded the wife a judgment for the value o f the stock at the time of the trial co urt’s order. The husband appeals. We affirm.