COURT OF APPEALS OPINIONS

Allen D. Heflin and wife, Jean LaRue Heflin, as Natural Parents and Next-of-Kin of Hugh Allen Heflin, Deceased, v., Stewart County, Tennessee, et al.
01A01-9504-CV-00131

Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Robert E. Burch

The captioned plaintiffs have appealed from the dismissal of their suit against the defendant, Stewart County, Tennessee, arising out of the suicide of Hugh Allen Heflin in the Stewart County Jail. No complaint is made on appeal as to the summary dismissal of all other defendants. This suit is limited to damages for pain and suffering of deceased. Damages for wrongful death have been recovered in federal court.

William M. Woodside, and Billy E. and Mary Agnita Woodside, Grandparents, v. Susan E. Woodside (Gilley)
01A01-9503-PB-00121

Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge James R. Everett

This appeal arises from post-divorce decree proceedings to increase and enforce child
support. On October 11, 1994, the Trial Court entered an order finding the husband guilty of
willful contempt, awarded the wife judgment for $10,054 arrears child support, increased
weekly payments, awarded attorneys' fees and ordered the husband to be confined in the
workhouse for six months.

William M. Woodside, and Billy E. and Mary Agnita Woodside, v. Susan E. Woodside (Gilley) - Concurring
01A01-9503-PB-00121

Authoring Judge: Judge William C. Koch, Jr.

In 1987 the United States Supreme Court placed limits on the use of private lawyers to prosecute criminal contempt cases in federal court. Young v. United States ex rel. Vuitton et Fils, S.A., 481 U.S. 787, 107 S. Ct. 2124 (1987). This appeal calls upon us to decide whether similar limitations should be placed on the use of private lawyers to prosecute criminal contempt cases in state court. The majority has declined to adopt the reasoning of the Young decision based on an
unduly narrow view of this court's responsibility. I cannot join the majority’s opinion. Instead, I would find that the resolution of this important question must await another day because the appellant has waived his right to raise the issue by failing to make a timely demand for another prosecutor in the trial court.

03A01-9507-CH-00212
03A01-9507-CH-00212

The Metropolitan Gov. of Nashville and Davidison County, Tennessee and The Metropolitan Nashville Airport Authority v. Overnite Transportation Company - Concurring
01-A-01-9503-CV-00089

Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Hamilton Gayden

This is an appeal by the petitioners/appellants, Tennessee State Department of Transportation ("TDOT") and Metropolitan Nashville Airport Authority ("MNAA"), from a jury verdict and judgment valuing four acres of  condemned property owned by the respondent/appellee, Overnite Transportation Company ("Overnite"), at $1,759,578.10.

Forrest City Grocery Company, v. Tennessee Department of Revenue
01A01-9505-CH-00198

Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor C. Allen High

The plaintiff, Forrest City Grocery Company, filed a declaratory judgment action in the Chancery Court of Davidson County alleging that the Unfair Cigarette Sales Law violates (1) the Sherman Antitrust Act, and (2) the plaintiff's right to due process. The chancellor found the issues in favor of the statute and dismissed the complaint. We affirm.

Bellsouth Advertising & Publishing Corporation, v. Reuben Bonilla and Marco Bonilla, Partners, D/B/A Car Stereo Shop and Mobile Phone
01A01-9505-CH-00213

Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Robert S. Brandt

One of the captioned defendants, Reuben Bonilla, has appealed from the judgment of the Trial Court overruling his motion to set aside a default judgment in favor of the captioned plaintiff. The notice of appeal states: Notice is hereby given that Reuben Bonilla, defendant named herein, hereby appeals to the Court of Appeals from the order entered in this cause on the 21st day of November, 1994.

State of Tennessee, ex rel., Claudia Agee, v. J.C. Chapman, Jr.
01A01-9506-CV-00231

Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Muriel Robinson

This is an appeal from a judgment of the lower court finding the respondent in contempt for failing to pay child support. The lower court sentenced the respondent to six months in jail but allowed him to remain free if he complied with the court's current support order and remained within the state. On appeal, the respondent argues that he had no notice of the original support order, that he was not given proper notice of the contempt charges, that the trial judge improperly denied his request for a jury, and that the trial judge erred in denying him the right to leave the state. In accordance with the following opinion we reverse the lower court's sentence for contempt and its injunction against leaving the state. Otherwise, we affirm.

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03A01-9505-CV-00153
03A01-9505-CV-00153

02A01-9404-CV-00077
02A01-9404-CV-00077


Trial Court Judge: D'Army Bailey

02A01-9407-CV-00161
02A01-9407-CV-00161


Trial Court Judge: James E. Swearengen

02A01-9407-CV-00169
02A01-9407-CV-00169


Trial Court Judge: Darrell Blanton

02A01-9410-CH-00235
02A01-9410-CH-00235


Trial Court Judge: D. J. Alissandratos

Bessie Lee King v. Davidson (NMN) Taylor - Concurring
02A01-9504-CV-000

Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge D'Army Bailey

This appeal arises out of a paternity action filed by the Plaintiff-Appellee, Bessie Lee King, against the Defendant-Appellant, Davidson Taylor, to establish the paternity of King's minor child, Davene. The action was originally filed in the Juvenile Court of Memphis and Shelby County, but was transferred to Circuit Court after Mr. Taylor requested a jury trial. Mr.  Taylor, Ms. King, and Davene submitted to a blood test. The sworn blood test results, which accompanied Appellee's motion for summary judgment, established that Mr. Taylor had a 99.65% probability of being Davene's father. Relying on both the blood test and T.C.A. § 24-7-112(b)(2) (Michie 1994), the trial court granted Ms. King's motion for summary judgment. Mr. Taylor appeals the decision of the trial court.

Paula Van Slyke (Fleming) v. Philp Edward Fleming - Concurring
01-A-01-9504-CV-00178

Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Muriel Robinson

This case involves the question of whether a custodial parent may claim the benefit of changes in the child support guidelines promulgated after trial on her Petition for Increased Child Support, but before the trial court filed its Final Order. Because those changes were not raised in the  proceedings below, we decline to act on them here. Instead, we remand  the cause to the trial court for further proceedings.

Laura Patricia Cutsinger v. Charles Edward Cutsinger - Concurring
01A01-9504-CV-00148

Authoring Judge: Judge David R.Farmer
Trial Court Judge: Judge Robert W. Wedemeyer

In this divorce case, Charles Edward Cutsinger (Husband) has appealed the trial court's judgment which awarded Laura Patricia Cutsinger (Wife) a thirty percent (30%) interest as a seller in the contract of sale of Husband's chiropractic practice. Husband also has appealed the trial court's ruling which ordered Husband to indemnify Wife for any judgment that might arise as a result of an indebtedness for a pleasure boat purchased during the marriage.

02A01-9409-CV-00174
02A01-9409-CV-00174


Trial Court Judge: James E. Swearengen

02A01-9409-CV-00201
02A01-9409-CV-00201


Trial Court Judge: Wyeth Chandler

02A01-9411-CV-00260
02A01-9411-CV-00260


Trial Court Judge: Janice M. Holder

James R. Fruge and Jane Fruge v. John Doe and Jane Doe
02A01-9408-CV-00198

Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge George H. Brown

Defendants-Appellees.This appeal involves a suit seeking recovery under the uninsured motorist provision of a liability insurance policy. Plaintiffs, James R. Fruge and Jane Fruge, appeal from the order of the trial court granting summary judgment to the unnamed defendant-appellee, State Farm Insurance Company.

Sherri Mangrum v. Frank Dean Owens
01A01-9505-CV-00183

Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge M. Thomas Taylor, Jr.

The sole question presented by this appeal is whether defendant, Frank Dean Owens, is entitled to share with plaintiff, Sherri Mangrum, the proceeds of a settlement for the wrongful death of their minor daughter,  Lisa Michelle Owens.

Mid-State Advertising D/B/A The Nashville Scene, v. Douglas Sarmento
01A01-9504-CV-00157

Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge Hamilton Gayden

This appeal involves a suit on a guaranty agreement. Defendant, Douglas Sarmento, appeals from the trial court's order granting plaintiff, Mid-State Advertising, d/b/a "The Nashville Scene," summary judgment. The only issue on appeal is whether the trial court erred in granting summary judgment.

Sheryl Lynny Hooke (Thompson) v. Alan Richard Thompson
01A01-9504-CV-00180

Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Marietta M. Shipley

This matter concerns the custody of Wayne Nicholas Thompson, II, the minor son of Appellee, Sheryl Lynne Hooke (Thompson) ("Mother") and Appellant, Alan Richard Thompson ("Father"). Both parties sought custody pursuant to separate petitions for divorce.1 The final divorce decree awarded custody to Mother, but stated that Father was to have physical possession of the child during the time period in which Mother underwent treatment for alcoholism. The decree provided that upon Mother's completion of a treatment program, physical possession of Nicholas would revert immediately to her. Father has appealed from the trial court's judgment, challenging both the custody award and the trial court's denial of his request to discover Mother's psychiatric records. For reasons hereinafter expressed, we affirm the judgment.