COURT OF APPEALS OPINIONS

Bradson Mercantile vs. Joseph Crabtree
02A01-9710-CV-00272

Joleen Creson vs. Tammy Creson
02A01-9801-CH-00002
Trial Court Judge: C. Neal Small

McNairy Co. vs. John Sellers
02A01-9808-CV-00234
Trial Court Judge: Jon Kerry Blackwood

Schleicher vs. Founders Security Life Ins. Co.
01A01-9711-CV-00649
Trial Court Judge: Robert L. Jones

In the matter of: Kristalena Kay Smith et al
01A01-9711-JV-00662
Trial Court Judge: Gary W. Dodson

Worth vs. Cumberland Mt. Property Owners
03A01-9709-CV-00442
Trial Court Judge: John J. Maddux

D.D. Roberts, D/B/A Roberts Construction Co., et al. v.Tommy Yarbrough, et al., Thomas Lumber Co., Inc. v. Naran Patel, et al., and Tommy Yarbrough, et al.
01A01-9802-CH-00096
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Carol A. Catalano

Two subcontractors recovered judgments for work done on a construction project in Clarksville. On appeal the general contractor and the surety on his bond allege that the appellees were not licensed contractors and that neither complied with the notice of nonpayment statute. In addition, the appellant disputes the trial court’s version of the proof and the award of prejudgment interest. We affirm the trial court.

Gordon Carroll and Ora Hall, v. John W. Belcher and Frankie Belcher
01A01-9802-CH-00106
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor C. K. Smith

This appeal involves an easement for ingress and egress. The defendants, John and Frankie Belcher (Belcher), appeal the decision of the trial court granting the plaintiffs, Gordon Carroll (Carroll) and Ora Hall (Hall), the right to widen an easement running over their property.

Pamela L. Schenk, v. Raymond F. Lane
01A01-9804-CV-00190
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Bobby H. Capers

Defendant Raymond D. Lane appeals a jury verdict awarding $297,000.00 to Plaintiff Pamela L. Schenk for injuries sustained as a result of an automobile accident occurring between Lane and Schenk. For the reasons set forth below, we affirm in all respects.

Daniel B. Taylor v. State of Tennessee, John Doe, State Coordinator of Elections, Ms. Bobbie White, Shelby County Registrar of Voters; and Charles W. Burson, Atty General
01A01-9707-CH-00338
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Carol L. McCoy

The only question presented in this complaint is whether a law making all felonies infamous crimes can, upon conviction, be applied to crimes committed before the date of the act. The Chancery Court of Davidson County dismissed the plaintiff’s request for a declaratory judgment. We affirm.
 

William H. Lance, Emma Lee Lance v. Larry H. Street, D/B/A Street Construction
01A01-9802-CV-00072
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Allen W. Wallace

State of Tennessee, ex rel., Doug Sizemore, Commissioner of Commerce and Insurance for the State of Tennessee, v. United Physicians Insurance Risk Retention Group - Concurring
01A01-9706-CH-00253
Authoring Judge: Judge William C. Koch

I concur with the court’s opinion. Insurance companies have the right to assume that the risk they undertake will not later be enlarged by the courts. See Schultz v. Tennessee Farmers Mut. Ins. Co., 218 Tenn. 465, 474, 404 S.W.2d 480, 484 (1966). Accordingly, the courts are not at liberty to rewrite policies of insurance to provide coverage where no coverage was intended. See Spears v. Commercial Ins. Co., 866 S.W.2d 544, 548(Tenn. Ct. App. 1993). Dr. Johnson did not contract for prior acts coverage when he purchased his UPI insurance policy. Accordingly, UPI never provided coverage for claims such as Blendora Ann Echols.

Robert S. Lipman v. First National Bank of Boston, and Alexander H. McNeil, J. Virginia McNeil, R. & J. Knoxville - Concurring
01A01-9803-CH-00139
Authoring Judge: Judge William H. Inman
Trial Court Judge: Chancellor Ellen Hobbs Lyle

The trial court granted the motion of defendant First National Bank of Boston (“First National”) for summary judgment, which the plaintiff (“Lipman”] appeals, insisting that there are genuine issues of material fact.

Glenda Wright Benning v. James Russell Benning
01A01-9805-CV-00238
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Marietta Shipley

In this divorce case, Glenda Benning (wife) challenges the trial court's award of permanent alimony to James Benning (husband). After the file filed for divorce and the parties separated, the hisband moved into the same apartment with one Jaylene Deen. On appeal, the wife argues that the tril court erred in finding that the statutory presumption fond at  T.C .A . § 36 - 5 - 10 1 ( a ) ( 3 ) had been rebutted by the evidence presented by the husband. We affirm the judgment of the trial court.

James Prince, D/B/A/ Big Jim, Inc., v. Charles Campbell, Individually and D/B/A Limosines by K.C.
01A01-9806-CV-00276
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Lee Russell

This appeal involves a motion to set aside a judgment. Defendant/cross-plaintiff,Charles Campbell (Campbell), appeals the judgment of the trial court awarding money damages to The day of trial, Prince filed a motion to amend the complaint to reduce the amount requested as damages from $97,000 to $77,000. There is no record as to the trial court’s action plaintiff/cross-defendant, James Prince (Prince). This case arose from a contract entered into between the parties in April 1995 in which Campbell agreed to transfer a limousine from his business to Prince in exchange for the opportunity to run Prince’s “World Famous Stagecoach Lounge.” Prince filed suit against Campbell for breach of contract and fraud in August 1995 alleging that Campbell failed to make lease payments on the property and refused to transfer the limousine agreed upon in the contract. Campbell’s answer denied the material allegations and asserted a counterclaim for conversion, fraud, and breach of contract.

State of Tennessee, Department of Childrens Services v. Tamra Leann Viar and John Fitzgeral Gross, In the Matter of Katlyn Nicole Viar
01A01-9806-JV-00275
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge John B. Melton, III

We have reviewed the Petition to Rehear filed on behalf of the Attorney General and conclude that the Petition should be denied for the following reasons.

State of Tennessee, Commissioner Doug Sizemore, Commerce and Insurance v. United Physicians Insurance, Risk Retention Group State ex rel Doug Sizemore vs. United Physicians Ins.
01A01-9706-CH-00253
Authoring Judge: Special Judge Walter W. Bussart
Trial Court Judge: Chancellor Carol L. McCoy

This is an appeal from a memorandum and order of the chancellor affirming and adopting the Special Master's report pursuant to Rule 53 of the Tennessee Rules of Civil Procedure. The issue is whether the lower court erred in this action. Our review is de novo upon the record accompanied by a presumption of correctness as to the findings of fact by the chancellor. Tenn.R.App.P.13(d).

Melissa (Buckley) Hatchell, v. Jerry Buckley
02A01-9801-CV-0008
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge D. J. Alissandratos

These parties were divorced in Arkansas on April 17, 1996. A Property Settlement Agreement was incorporated in the judgment which awarded custody of two children to Mother.

Larry Aubrey Henson v. Elizabeth Ellen Sorrell
02A01-9805-JV-00135
Authoring Judge: Senior Judge William H. Inman

The child of these parties, who were never married to each other, was born March 11, 1996. The paternity issue was determined in June, 1996 by the Juvenile Court, which also directed the payment of child support. The appellant questioned his liability for support because the child was conceived without his consent. He did not prevail.

Chris Hill Construction Company, v. State of Tennessee
02A01-9803-BC-
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge William H. Inman

Linda Chaney v. Robert Dickinson
03A01-9803-JV-00107
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Suzanne Bailey

Robert Lee Dickinson, Jr., appeals the ruling of the Juvenile Court of Hamilton County, Tennessee at Chattanooga, insisting that the Juvenile Court erred in its determination of Mr. Dickinson’s Tennessee Rules of Civil Procedure 60.02 motion for relief from child support payments based upon evidence that he is not the father of the child he has been supporting. The Juvenile Court ruled that Mr. Dickinson’s motion was barred by res judicata; therefore, Mr. Dickinson is still obligated to pay current and past due child support payments.

Antonio Sweatt v. Billy Compton, et al.
02A01-9710-CV-00252
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge R. Lee Moore Jr.

This is a medical malpractice case brought by an inmate at a state correctional facility. The
plaintiff brought the lawsuit against various prison officials and the prison doctor alleging federal
constitutional violations as well as medical malpractice. The trial court granted the defendants’
motion for summary judgment. We reverse the trial court’s grant of summary judgment on the
plaintiff’s claims under the Eighth Amendment of the U.S. Constitution, and remand for further
discovery. We affirm the grant of summary judgment on the remainder of the claims.

Todd Frederick Brooks v. Linda Faye Carter
02A01-9709-CV-00225
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Karen R. Williams

Defendant Todd Frederick Brooks (Father) appeals, and Plaintiff Linda Faye Carter (Mother) cross-appeals, the final divorce decree entered by the trial court which awarded the parties joint custody of their three minor children, designated the Father as the primary custodial parent, ordered the Father to pay child support to the Mother, and distributed the parties’ property. We affirm the trial court’s distribution of the marital property, with one modification, but we reverse the court’s custody decision and we remand for the court to recalculate the Father’s child support obligation pursuant to the Child Support Guidelines.
 

Curtis G. Mayes v. Margaret C. Culpepper, Commissioner of the Tennessee Department of Employment Security and Wal-Mart Stores, Inc.
03A01-9801-CH-00032
Authoring Judge: Per Curiam
Trial Court Judge: Chancellor Frederick D. McDonald

This is an appeal from the denial of unemployment compensation benefits. Through the entire procedure, including an appeal to the Chancery Court for Knox County, the appellant has been denied unemployment compensation benefits because he had been guilty of misconduct arising out of the scope and course of him employment and  T.C.A . § 50 -7-303( a ) ( 2 ) bars him from recovery of unemployment compensation benefits. We reverse the judgment of the Chancery Court and remand this case to the trial court for entry of an order awarding unemployment benefits as provided by law.

Paula Lynn Barnett vs. Robert McAlister Barnett, III - Concurring
03A01-9709-CH-00414
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge L. Marie Williams

This is a post-divorce action to modify child support and alimony. The mother sought to increase child support, and the father sought to terminate periodic alimony payments. The trial court granted the mother’s request for an increase in child support, with a portion of the child support to be placed in an educational trust, and denied the father’s petition for modification of alimony. Both parties appealed. We affirm in part, reverse in part, and modify.