COURT OF APPEALS OPINIONS

Joel Thomas Catlett, Jr., v. Marjean Ge'Nell Perryman Catlett
01A01-9605-CH-00244
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Judge Henry Denmark Bell

The trial court granted the parties a divorce, and ordered the husband to pay the wife alimony in futuro. The parties were also granted joint custody of the teenage children, with the husband to have primary physical custody. On appeal, the husband challenges the nature and amount of the alimony award, and the trial court’s failure to order the wife to pay child support. We remand this case to enable the trialcourt to make the findings of fact in regard to child support that are required by Tenn. Code Ann. § 36-5-101(e)(1). In all other respects we affirm the trial court.

Williamson Court of Appeals

David L. Adams, v. Nancy W. Adams
01A01-9606-CH-00281
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor James L. Weatherford

This is an appeal by defendant/appellant, Nancy W. Adams (“Wife”), from a judgment of the chancery court granting Wife and plaintiff/appellee, David L. Adams (“Husband”), a divorce. Wife claims that the trial court erred in calculating the amount of child support and the amount of rehabilitative alimony and attorney's fees awarded to Wife.

Maury Court of Appeals

Matthew Seffernick v. Saint Thomas Hospital and Barry E. Yarbrough, M.D.
01A01-9606-CV-00282
Authoring Judge: Presiding Judge Henry F. Todd

In accordance with the opinion of the Court filed herein, the petition to rehear filed by the appellees is denied at the cost of appellees..

Court of Appeals

George Michael Simmons, Individually and as Administrator of the Estate of Bess Mai Besson, et al., v. Billy Anglin, Steve Anglin, John Anglin, and Dottie McClearen, et al.
01A01-9607-CV-00292
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Cornelia A. Clark

The Circuit Court of Hickman County granted the owner of a trailer park summary judgment on claims for personal injuries and wrongful death based on a breach of the lease and an oral warranty. We affirm.

Hickman Court of Appeals

Joanne Sherrell, et vir., James Sherrell v. Food Lion, Inc.
01A01-9607-CV-00313
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge John W. Rollins

The only issue in this slip-and-fall case is whether there is any material
evidence to support the jury’s finding of no fault on the part of the plaintiff. We affirm
the judgment of the lower court.

Coffee Court of Appeals

J. Clarice Knight and Carolyn K. Brantly, Administratrices ad litemfor the Estate of Alta M. Knight, Deceased, and Sherry Garland, v. Hospital Corporation of America, A/K/A Centennial Medical Center, et al.
01A01-9509-CV-00408
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Marietta M. Shipley

The medical malpractice and outrageous conduct claims involved in this appeal stem from the hospitalization of an elderly patient for total hip replacement surgery. The patient,1 her two sisters, and her caretaker sued the hospital and its nursing staff in the Circuit Court for Davidson County alleging that their lack of appropriate care caused the patient to enter a vegetative state and caused severe emotional stress to the patient’s sisters and caretaker. The trial court granted the hospital’s motion for summary judgment. We affirm the trial court.

Davidson Court of Appeals

Willie West, v. Tennessee Board of Paroles
01A01-9604-CH-00362
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal involves an inmate’s attempt to obtain judicial review of the parole board’s decision to deny him parole. The Chancery Court for Davidson County dismissed the inmate’s petition for common-law writ of certiorari because it was not filed within the time required by Tenn. Code Ann. § 27-9-102 (1980). The inmate asserts on this appeal that he filed his petition within the required time after he received notice of the board’s decision to deny him parole. We affirm the judgment because the inmate’s underlying request that the parole board review its decision was not timely filed.

Davidson Court of Appeals

James T. Morris, v. The Board of Education of the Metropolitan Nashville Public Schools - Dissenting
01A01-9605-CH-00247
Authoring Judge: Judge William C. Koch, Jr.

The Metropolitan Nashville Board of Education and the teachers union are attempting to use this case as a vehicle to resolve whether Tenn. Code Ann. § 7-7- 105 (Supp. 1996) permits the board to use administrative law judges in Tenn. Code Ann. § 49-5-512 (1996) hearings concerning the termination of tenured teachers. The court has decided to address this issue on its merits even though the teacher involved in this case is non-tenured and is not entitled to a hearing before the board. I cannot agree that we should decide this question at this time. It would be more appropriate to delay addressing the issue until we are presented with a concrete case or controversy. The doctrine of justiciability prompts the courts to stay their hand in cases that do not involve a genuine and existing controversy requiring the present adjudication of present rights. State ex rel. Lewis v. State, 208 Tenn. 534, 537, 347 S.W.2d 47, 48 (1961); Dockery v. Dockery, 559 S.W.2d 952, 954 (Tenn. Ct. App. 1977). In accordance with the doctrine, our courts routinely decline to render advisory opinions, Super Flea Market of Chattanooga v. Olsen, 677 S.W.2d 449, 451 (Tenn. 1984); Parks v. Alexander, 608 S.W.2d 881, 892 (Tenn. Ct. App. 1980), or to decide abstract legal questions. State ex rel. Lewis v. State, 208 Tenn. at 538, 347 S.W.2d at 48-49.

Court of Appeals

Charles G. Miller, IV and wife, Brenda Miller, v. Dana R. Mabe and Shane Gant, A/K/A Shane Cooper, and The Glens Falls Insurance Company
01A01-9602CV-00056
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge John A. Turnbull

This case involves the interpretation of an insurance policy. After being struck by a vehicle driven by defendant Dana R. Mabe (“Mabe”), plaintiff Charles G. Miller (“Miller”) filed this personal injury lawsuit against Mabe and defendant The Glens Falls Insurance Company (“Glens Falls”). The trial court granted Glens Falls’ motion for summary judgment, holding that Miller was not covered by the uninsured motorist provision of the Glens Falls policy because he was not “occupying” the insured vehicle at the time he was injured. Miller appealed the trial court’s decision. We affirm.

White Court of Appeals

Mary Helen Pearson Johnson, v. Luther William Johnson
02A01-9605-JV-00123
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Ted Hunderup

Appellant, Luther William Johnson, appeals from the judgment of the trial court denying his motion to set aside a consent order of paternity and support. The minor child in question, Andreyous Luther, was born on January 23, 1991 to the Appellee, Mary Helen Pearson Johnson (Mother). For reasons herein articulated, we reverse the judgment of the trial court and remand.

Gibson Court of Appeals

In re: Estate of B. Ray Thompson, Sr., B. Ray Thompson, Jr., Individually and as Co-Trustee Under An Agreement with B. Ray Thompson Sr., v. Lindsay Young, Carl C. Ensor, Jr., and Merle D. Wolfe, et al.
03A01-9602-PB-00075
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Hugh E. DeLozier, Jr.

We granted a Rule 9 appeal in this case to resolve an impasse between the Circuit Court for Blount County, Equity Division, and the Probate Court for Blount County -- whicy by Private Act is the General Sessions Court -- to determine which Court has jurisdiction to resolve the allegations of the complaint in this case.

Blount Court of Appeals

02A01-9508-CV-00167
02A01-9508-CV-00167
Trial Court Judge: George H. Brown

Shelby Court of Appeals

02A01-9508-CV-00167
02A01-9508-CV-00167
Trial Court Judge: George H. Brown

Shelby Court of Appeals

Brian Wolney and wife, Meliaa Wolney, v. LIsa M. Emmons and Wells Fargo Armored Service Corporation
02A01-9508-CV-00169
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge George H. Brown

This is a suit for damages brought by Plaintiff Brian Wolney (“Wolney”), with his wife Melissa Wolney, against Defendants Wells Fargo Armored Service Corporation (“WFA”) and Lisa M. Emmons (“Emmons”). Wolney sued for personal injuries he sustained in an accident while riding as a passenger in a vehicle driven by Emmons, but owned by WFA. The trial court granted summary judgment in favor of WFA, finding that Wolney’s tort claim against WFA was barred because Wolney was WFA’s statutory employee. The Wolneys appeal the grant of summary judgment. We affirm.

Shelby Court of Appeals

02A01-9508-CV-00169
02A01-9508-CV-00169
Trial Court Judge: George H. Brown

Shelby Court of Appeals

02A01-9511-BC-00241
02A01-9511-BC-00241

Court of Appeals

02A01-9511-BC-00241
02A01-9511-BC-00241

Court of Appeals

02A01-9511-CH-00250
02A01-9511-CH-00250
Trial Court Judge: William Michael Maloan

Weakley Court of Appeals

02A01-9511-CV-00260
02A01-9511-CV-00260
Trial Court Judge: Janice M. Holder

Shelby Court of Appeals

02A01-9511-CV-00260
02A01-9511-CV-00260
Trial Court Judge: Janice M. Holder

Shelby Court of Appeals

02A01-9511-CV-00264
02A01-9511-CV-00264
Trial Court Judge: Charles O. Mcpherson

Henderson Court of Appeals

02A01-9511-CV-00264
02A01-9511-CV-00264
Trial Court Judge: Charles O. Mcpherson

Henderson Court of Appeals

02A01-9603-CV-00048
02A01-9603-CV-00048
Trial Court Judge: James M. Tharpe

Shelby Court of Appeals

02A01-9602-CH-00034
02A01-9602-CH-00034
Trial Court Judge: George R. Ellis

Gibson Court of Appeals

02A01-9509-CH-00199
02A01-9509-CH-00199
Trial Court Judge: Billy Jack Goodrich

Madison Court of Appeals