COURT OF APPEALS OPINIONS

Evelyn June Thomason, v. The Metropolitan Government of Nashville and Davison County
01A01-9602-CV-00067
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Barbara N. Haynes

The plaintiff, Evelyn June Thomason, has appealed from a summary judgment
dismissing her suit against the defendant, Metropolitan Government of Nashville and
Davidson County, Tennessee, for personal injuries sustained in a fall on the premises of the
Lentz Health Center, a facility owned and managed by the defendant.

Ernest White Patton, III, v. Linda Harvey Patton
03A01-9601-CH-00001
Authoring Judge: Presiding Judge Herschel Pickens Franks
Trial Court Judge: Chancellor R. Van Owens

In this divorce action, the husband appeals from the Trial Court's determination of the classificatin of property as marital property and the division of the marital estate.

Robert Dale Cobb, v. Douglas R. Beier
03A01-9602-CV-00051
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge John K. Wilson

The determinative issue on appeal is whether the appeals should be dismissed because the appellant did not file notice of the appeal with the clerk of the appellant court designated in the notice of appeal.

Robert Dale Cobb v. Douglas R. Beier - Concurring
03A01-9602-CV-00051
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Judge John K. Wilson

The determinative issue on appeal is whether the appeal should be dismissed because the appellant did not file notice of the appeal with the clerk of the appellate court designated in the notice of appeal.

Robert Dale Cobb, v. Douglas R. Beier - Dissenting
03A01-9602-CV-00051
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge John K. Wilson

While I concede tha the majority opinion is technically correct and the reasoning employed comports with previous case law, I observe that this Court, or at least this member of this Court, has routinely overruled such motions when the only defect as to the serviceof thenotice of appeal is failure to file a copy with the Clerk of this Court.

In Re the Estate of Howard D. Smith, Deceased, Shaun Murray, v. Jennie C. Smith, Individually and as Conservator for Howard D. Smith and Western Surety Co., Manufacturer
02A01-9503-CH-00055
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor George R. Ellis

This case involves an alleged breach of fiduciary duty by the conservator of an estate. After a bench trial, the trial court held that the plaintiff had failed to prove a breach of fiduciary duty. We find that the trial court misapplied the burden of proof and reverse the trial court’s decision.

01A01-9510-CH-00486
01A01-9510-CH-00486
Trial Court Judge: Don R. Ash

01A01-9510-CH-00430
01A01-9510-CH-00430
Trial Court Judge: Robert S. Brandt

01A01-9511-CH-00533
01A01-9511-CH-00533
Trial Court Judge: C. Allen High

01A01-9511-CV-00502
01A01-9511-CV-00502
Trial Court Judge: Barbara N. Haynes

01A01-9510-CV-00462
01A01-9510-CV-00462
Trial Court Judge: Marietta M. Shipley

Evelyn Diane Beecham vs. Tom Wayne Beecham
01A01-9512-CH-00552
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Jim T. Hamilton

The issues raised in this divorce case involve the award of alimony, attorney’s fees, and discretionary costs. We modify the lower court’s judgment to delete the award of alimony in solido. Otherwise, we affirm.

01A01-9511-CV-00502
01A01-9511-CV-00502

01A01-9511-CV-00504
01A01-9511-CV-00504
Trial Court Judge: Muriel Robinson

Gwendolyn G. Thompson (Browning) vs. Donald Louise Thompson
01A01-9510-CV-00460
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Special Judge Philip E. Smith

Petitioner-appellant, Gwendolyn G. Thompson (Browning) (Wife), appeals from the order of the trial court awarding respondent-appellee, Donald Lewis Thompson (Husband), attorney fees in the amount of $500.00.

01A01-9511-CH-00522
01A01-9511-CH-00522
Trial Court Judge: Irvin H. Kilcrease, Jr.

01A01-9512-CH-00571
01A01-9512-CH-00571
Trial Court Judge: Tom E. Gray

01A01-9512-PB-00544
01A01-9512-PB-00544
Trial Court Judge: Phillip Robinson

Margaret Danmole v. Charles L. Wright
01A01-9512-CV-00565
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

Defendant, Charles L. Wright, has appealed from the judgment of the trial court entered on the jury's verdict for plaintiff, Margaret Danmole. The jury awarded plaintiff $17,000.00 for her injuries and damages sustained as the result of an automobile accident. In the instant case, we find no evidence of abuse of discretion on the part of the trial court. Moreover, there is not even a scintilla of evidence in this record that the jury which tried this case was anything other than fair and impartial. Therefore, it results that the judgment of the trial court is affirmed, and the cause is remanded to the trial court for further necessary proceedings.

01A01-9603-CH-00132
01A01-9603-CH-00132
Trial Court Judge: Ellen Hobbs Lyle

01A01-9603-CH-00099
01A01-9603-CH-00099
Trial Court Judge: Robert S. Brandt

01A01-9504-CH-00134
01A01-9504-CH-00134
Trial Court Judge: Vernon Neal

01A01-9511-CH-00515
01A01-9511-CH-00515
Trial Court Judge: Vernon Neal

01A01-9603-CH-00131
01A01-9603-CH-00131
Trial Court Judge: Ellen Hobbs Lyle

01A01-9602-CH-00063
01A01-9602-CH-00063
Trial Court Judge: Robert S. Brandt