COURT OF APPEALS OPINIONS

Margaret McCormick, v. Donald McCormick
01A01-9801-CH-00019
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor Tom E. Gray

This case concerns a dispute over the division of marital property, alimony, and attorney’s fees. Appellant, Donald F. McCormick (Husband), appeals from the Final Decree of Divorce that, inter alia, awarded Appellee, Margaret Ann McCormick (Wife), proceeds from a 1 Husband’s W-2 form from the Frigidaire Company reveals that his wages for 1996 were $94,063.26. 2 In 1996, Wife’s gross annual earnings were approximately $9,000.00. 2 401K account, rehabilitative alimony, and attorney’s fees.

Sumner Court of Appeals

Loyal Miller vs. Tennessee Board of Paroles - Concurring
01A01-9806-CH-00293
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal involves the fundamental fairness of the procedures used by the Tennessee Board of Paroles to revoke the parole of a person accused of committing child sexual abuse. The Board revoked the parole based solely on hearsay testimony concerning statements made by his alleged victim. The parolee filed a petition for a common-law writ of certiorari in the Chancery Court for Davidson County seeking judicial review of the Board’s decision-making process. After the trial court denied the petition, the parolee appealed to this court. We have determined that the Board’s hearing officer acted arbitrarily and illegally by applying an incorrect standard to determine whether good cause existed for not allowing the parolee to confront or to cross-examine his only accuser.  Accordingly, we reverse the trial court’s denial of the parolee’s petition for a common-law writ of certiorari and remand the case to the trial court for the entry of an order directing the Board either to conduct a proper parole revocation hearing forthwith or to return the parolee to parole status.

Davidson Court of Appeals

State of Tennessee, ex rel., Kimberly Norfleet v. Tommy Dobbs, Jr.
01A01-9805-CV-00228
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Muriel Robinson

This appeal involves a parent’s efforts to avoid paying child support for her two children. Approximately two years after the Circuit Court for Davidson County awarded custody of the parties’ two children to their father, the children’s mother, with the assistance of a lawyer furnished by the IV-D contractor for Davidson County, filed a petition to eliminate her child support obligation because she was unemployed and her only income was Supplemental Security Income (“SSI”) payments. Following a bench trial, the trial court denied the mother’s petition on the ground that she was voluntarily unemployed. The mother asserts on this appeal that the trial court’s order conflicts with the child support guidelines because she will be required to use her SSI payments to pay her child support. We have determined that the evidence does not preponderate against the trial court’s finding that the mother is voluntarily unemployed and that the trial court’s order is consistent with the child support guidelines. Therefore, we affirm the trial court.

Davidson Court of Appeals

Robert Leland Bryant, and wife Linda Kay Wolfson Bryant, Sandry Lynn Todd Bryant, v. James Ashley Bryant
01A01-9806-CV-00337
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Muriel Robinson

This is a termination of parental rights and adoption case. Petitioners-Appellants, Robert 1 Sandra Lynn Todd Bryant, wife of Respondent and mother of the minor children involved, joined the Petitioners in the petition to terminate the Respondent’s parental rights. In the petition, she consents to the termination of her parental rights. 2 Respondent’s wife subsequently left the couple’s home in Colorado to pursue job training in Florida. Upon completion of the two month job training course in Florida, she moved to Utah while Respondent continued his military career in Colorado. 2 Leland Bryant and Linda Kay Wolfson Bryant,1 appeal the trial court’s order denying their petition to terminate the parental rights of Respondent-Appellee, James Ashley Bryant, with respect to his minor children, Megan Rae Bryant, born December 13, 1991, and Devon Michael Bryant, born December 30, 1993.

Davidson Court of Appeals

Randall Craig Cobb, v. Sharon Ruben Cobb
01A01-9803-CV-00127
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Muriel Robinson

In this case Appellant challenges the action of the trial court in denying his application for relief under Rule 60.02 of the Tennessee Rules of Civil Procedure, holding him to be in criminal contempt of court and denying his application for modification of alimony.
 

Davidson Court of Appeals

Carl G. Berning v. State of Tennessee, Department of Corrections
01A01-9804-CH-00180
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

The Tennessee Civil Service Commission upheld the termination of a veteran supervisory employee for sexual harassment, conduct unbecoming a state employee, and failure to maintain a satisfactory and harmonious working relationship with fellow employees. The Chancery Court of Davidson County affirmed the Commission’s order. On appeal the employee asserts that he was denied progressive discipline prior to termination, and that he was denied due process of law. On the strength of the proof, he also claims that his conduct does not fit the definition of “conduct unbecoming” or support a conclusion that he failed to maintain a harmonious working relationship, and that his conduct was constitutionally protected. We affirm the trial court.

Davidson Court of Appeals

Scottie Allen Yant v. Arrow Exterminators, Inc.
01A01-9801-CV-00004
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Judge Barbara N. Haynes

The manager of an exterminating company brought criminal charges against the owner of a competing company for the alleged theft of a piece of equipment. The general sessions court determined that probable cause existed, but the grand jury declined to indict. The defendant in the criminal case subsequently filed suit for malicious prosecution. The trial court granted summary judgment to the civil defendant. We affirm.

Davidson Court of Appeals

Scott vs. Scott
03A01-9708-CH-00305

Court of Appeals

Simmons vs. Simmons
03A01-9805-CV-00158

Bradley Court of Appeals

Slate vs. Hooper
03A01-9809-CH-00299
Trial Court Judge: Ben W. Hooper, II

Sevier Court of Appeals

Olympia Child vs. City Maryville
03A01-9804-CV-00136

Court of Appeals

Macklin vs. Macklin
03A01-9807-CV-00232

Knox Court of Appeals

Chatt. Regional vs. T.U. Parks Const.
03A01-9712-CH-00524

Court of Appeals

Butler vs. Diversified Energy
03A01-9804-CV-00146

Court of Appeals

Estate of Mildred Verkstrom
03A01-9808-CH-00267

Court of Appeals

Estate of Mildred Verkstrom
03A01-9808-CH-00267

Court of Appeals

Goforth vs. Goforth
03A01-9807-GS-00237

Court of Appeals

Goley vs. Broyles
03A01-9809-CV-00293

Court of Appeals

Goley vs. Broyles
03A01-9809-CV-00293

Court of Appeals

Booze vs. Fairfield Communities
03A01-9803-CV-00095

Court of Appeals

Booze vs. Fairfield Communities
03A01-9803-CV-00095

Court of Appeals

McProperties vs. City Chattanooga
03A01-9807-CH-00216

Court of Appeals

Keister vs. Lewis
03A01-9807-CH-00225

Court of Appeals

First Citizens Bank vs. Cross
03A01-9806-CH-00203

Court of Appeals

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Court of Appeals