COURT OF APPEALS OPINIONS

Donald James Alexander vs. Carolyn Paxton Alexander
E1998-00855-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.

Stephens vs. Roane State Comm. College
M1998-00125-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Patricia J. Cottrell

Ali vs. Professional Real Estate Developers, Inc.
M1999-00082-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Carol L. Mccoy

Ross vs. Vanderbilt Univ. Medical Ctr.
M1999-02644-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Thomas W. Brothers

Estate of Connie S. Bligh
M1999-02645-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Frank G. Clement, Jr.

In Re: Nikolas Dean Welch
M1999-02649-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Leonard W. Martin

Valerie Humphreys vs. Stuart Breakstone
W1999-02502-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: W. Michael Maloan
This is a legal malpractice action. The plaintiff is the majority shareholder of a corporation as well as a member of the corporation's board of directors. The defendant attorney and law firm represented the corporation. The plaintiff sued the defendant for professional malpractice, negligence, collusion, and interference in economic development, arising out of the defendant's representation of the corporation. The trial court held that the plaintiff did not have standing to bring a derivative suit in her own name since all of the alleged injuries were suffered by the corporation, not the plaintiff. We affirm, finding that a derivative suit to address injuries to a corporation must be filed in the name of the corporation, and that an individual shareholder may not sue pro se on behalf of the corporation.

Marilyn Powell vs. Brenda Moore
W1998-00001-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: D. J. Alissandratos

In the Matter of Renee Valle
W1998-00617-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: George E. Blancett

Charles Barnett vs. Justin Oliver
W1998-00837-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Larry J. Logan

M2002-00258-COA-R3-CV
M2002-00258-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Irvin H. Kilcrease, Jr.

Jabari Mandela v. Donal Campbell
M1998-00208-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Carol L. Mccoy
This appeal involves a dispute between a prisoner and the Tennessee Department of Correction regarding the Department's mail policy. After the Department returned two packages addressed to him to their respective senders and denied his request for a declaratory order, the prisoner filed a petition in the Chancery Court for Davidson County seeking a declaratory judgment that the Department's policy should have been promulgated as a rule under Tennessee's Uniform Administrative Procedures Act and that returning the packages was inconsistent with the warden's statutory obligation to "receive" an incarcerated prisoner's property. The trial court upheld the policy and its application to the prisoner, and the prisoner has appealed. We affirm.

William Wyatt v. Board of Paroles
M1999-00472-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Carol L. Soloman
This appeal involves a dispute between a state prisoner and the Tennessee Board of Paroles over the Board's decision not to parole him in 1998. The Circuit Court for Davidson County dismissed the prisoner's petition for common-law writ of certiorari, and the prisoner perfected this appeal. While his appeal was pending, the prisoner was released from the Department of Correction after serving the two sentences for which he had been incarcerated. Accordingly, we have determined that this appeal is now moot because the prisoner has been released from custody. Therefore, we vacate the trial court's order and remand the case with directions to dismiss the prisoner's petition.

Moss vs. Vanderbilt Univ. Med. Ctr.
M1999-01321-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Irvin H. Kilcrease, Jr.
Pro se Plaintiff appeals the dismissal by the trial court of his case on the basis of failure to assert a claim upon which relief can be granted. We affirm the action of the trial court.

The Realty Assoc., et al, vs. Richter/Dial Builders, Inc., et al
M1997-00168-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Henry D. Bell

Lyons vs. Farmers Insurance, et al
M1999-00160-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford

Williams vs. Berube & Assoc., et al
M1998-00802-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Jeffrey F. Stewart

Parkey vs. Parkey
M1999-00015-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Thomas Goodall

Kanbi vs. Sousa
M1999-00025-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol L. Soloman

Bomar vs. TN Dept. of Mental Health
M1999-00951-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Irvin H. Kilcrease, Jr.

Christopher Scott Wells, v. Betty Sue Wells
M1998-00748-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge John Rollins

Christopher Scott Wells (“Father”) and Betty Sue Wells (“Mother”) divorced in October 1997. By the terms of their Marital Dissolution Agreement (MDA), the parties had joint custody of the two children with Mother as primary custodian. Shortly after the MDA was accepted by the court, Father changed his mind. He sought custody of the children based on Mother’s relationships with men. The trial court found no change in circumstances and left custody with Mother. Because of evidence of the children’s altered behavior during their visit with Father, we find it necessary to remand the case to the trial court for a determination of the best interests of the children, including the comparative fitness of the parents at the time of the hearing on remand.

Charlotte Brown, v. Birman Managed Care, David N. Birman, Sue d. Birman, William F. Barenkamp, II, and Kathy Barenkamp
M1999-02551-COA-R3-CV
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Judge John A. Turnbull

The divorced mother of a minor child claimed that her former husband and his employer conspired to fraudulently understate the husband’s income, in order to defeat her attempts to have his child support obligation increased to an appropriate amount. The trial court granted summary judgment to the defendants. We reverse.

Judy Lynn Patterson Conner, v. Billy Ray Conner
E1999–03A01-9903-CV-00095
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge Jacqueline E. Schulten

In this divorce action the wife has appealed and raises issues as to the amount of the alimony award and the division of marital property. The husband objects to an aw ard o f alimony in futuro and the Order requiring him to pay $2,047.20for the w ife’s atto rney’s fees.

Wayna Shadwick v. Shirley Young and Betty Thompson and F.H. Showmaker Distributors, Inc.
02607-COA-R3-CV
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Billy Joe White

The essence of this appeal is whether a judgment creditor of an estate should be permitted to intervene in a marital/familial matter.

Leslie A. Lewis, v. John S. Muchmore and Virginia L. Muchmore
W1998-00794-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: John R. McCarroll, Jr.

Leslie A. Lewis filed a detainer warrant in the General Sessions Court of Shelby County against John S. Muchmore and Virginia Muchmore alleging forcible entry and detainer (FED)1 or unlawful detainer. The court entered judgment for possession only and the Muchmores appealed to circuit court where the Muchmores brought a counter-complaint for specific performance of a real estate contract. Following a bench trial, judgment was entered in favor of the plaintiff, Leslie A. Lewis, restoring her to possession of the subject premises and dismissing the countercomplaint. This appeal resulted.