COURT OF APPEALS OPINIONS

Elam vs. Seivers
03A01-9805-CV-00165

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Kimbrough Dunlap vs. Patricia Dunlap
02A01-9712-CH-00320
Trial Court Judge: George R. Ellis

Cassandra Lipscomb vs. John Doe
02A01-9711-CV-00293
Trial Court Judge: D'Army Bailey

Elenia Gray vs. Estate of Charles Gray
02A01-9803-PB-00061

Mary P. Solima, v. David J. Solima
01A01-9701-CH-00012
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Cornelia A. Clark

This appeal involves a bitter change of custody proceeding. Two years after the divorce, the father filed a petition in the Chancery Court for Williamson County seeking custody of three of the parties’ five children on the ground that the mother was progressively alienating the children from him. The mother counterclaimed for increased child support. Following a bench trial, the trial court declined to change the custody of the children and increased the father’s child support. The father asserts on this appeal that the trial court erred by refusing to find that the circumstances had changed sufficiently to warrant a change in the custody of the parties’ three youngest children.

McKinley vs. Traughber and Byrd
01A01-9804-CH-00205
Trial Court Judge: Irvin H. Kilcrease, Jr.

Palmer vs. Dept. of Correction
01A01-9712-CH-00731
Trial Court Judge: Irvin H. Kilcrease, Jr.

Dixon vs. Bryan
01A01-9707-CV-00371
Trial Court Judge: Thomas Goodall

Home Builders Assoc. vs. Maury Co. TN & Burson
01A01-9706-CH-00259
Trial Court Judge: Jim T. Hamilton

Durham vs. Durham
01A01-9803-CV-00129
Trial Court Judge: Buddy D. Perry

In Re: Carlton Agib Blessing, deceased
01A01-9712-CH-00691
Trial Court Judge: C. K. Smith

J.C. Bradford vs. Southern Realty
02A01-9801-CH-00006
Trial Court Judge: D. J. Alissandratos

James R. Reynolds, v. Tennessee Board of Parole, et al.
01A01-9701-CH-00016
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Ellen Hobbs Lyle

This appeal involves an inmate’s challenge to the denial of his application for parole by the Tennessee Board of Paroles. After serving approximately ten years ofa 35-year sentence for aggravated rape, the inmate filed a petition for a common-law writ of certiorari in the Chancery Court for Davidson County asserting that the Tennessee Board of Paroles was illegally and arbitrarily declining to honor his plea bargain agreement. The trial court dismissed the petition on the grounds that it failed to state a claim upon which relief could be granted and because it was not timely filed. The inmate has appealed pro se. We concur that the petition was not timely filed and affirm its dismissal in accordance with Tenn. Ct. App. R. 10(b).1

Beatty vs. McGraw et al
01A01-9701-CV-00046
Trial Court Judge: Conrad E. Troutman, Jr.

James Hancock et ux vs. U-Haul Co. of TN
01A01-9801-CC-00001
Trial Court Judge: James E. Walton

Shin Yi (Sunny) Lien and wife Ann Lien, v. Ruth Couch, Individually and Big Ridge Emu Ranch, Inc. et al.
01A01-9609-CV-00398
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Bobby H. Capers

This appeal involves an interstate contract dispute over ten pairs of emu chicks. Two Tennessee residents declined to honor their contract to purchase the chicks after the Arkansas breeders attempted to substitute chicks different from those advertised for sale. The breeders filed a breach of contract suit in Arkansas against the purchasers seeking to recover the unpaid purchase price, and the purchasers filed suit in the Circuit Court for Wilson County seeking to recover their down payment as well as treble damages and attorney’s fees under the Tennessee Consumer Protection Act. After the breeders obtained a judgment in Arkansas against the purchasers, they moved to dismiss the purchasers’ Tennessee lawsuit on the ground that the Arkansas judgment was res judicata to the purchasers’ Tennessee claims. The trial court agreed and dismissed the purchasers’ claims. On this appeal, the purchasers assert that the Arkansas judgment should not have precluded them from pursuing their Tennessee Consumer Protection Act claims in Tennessee. We agree because the Arkansas court did not have the power to award the full measure of relief the purchasers are seeking in the Tennessee proceedings.
 

O. Robert E. Mayers v. Miller Medical Group, An Affiliate of Baptist Healthcare Group; Russell D. Ward, M.D. and Michel Kuzur, M.D.
01A01-9802-CV-00101
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Marietta M. Shipley

Plaintiff, Robert E. Mayers, acting pro se in this medical malpractice action, appeals the decision of the Circuit Court of Davidson County denying his application for relief under Tennessee Rules of Civil Procedure 60.02 from a final summary judgment rendered in favor of the defendants.

James Rowland Moore v. Karen Owen Moore
01A01-9708-CV-00444
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Judge Muriel Robinson

After a 1996 divorce by the Circuit Court of Davidson County the husband filed an independent damages action in the chancery court, alleging that the wife fraudulently induced him to enter into the divorce settlement. The wife filed a Rule 60.02 motion in the divorce court seeking a declaration that she was not guilty of fraud. The divorce court ruled that the chancery court was bound by the circuit court’s judgment and that the husband must pay $2500 in attorney’s fees to the wife for services in the Rule 60.02 motion. We reverse.