COURT OF APPEALS OPINIONS

Brenda Buchanan vs. Berkley Buchanan
E2002-00915-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: James L. Weatherford
This is a divorce case. Both parties sought a divorce. Brenda Watson Buchanan ("Wife") was granted an absolute divorce from Berkley Ottie Buchanan ("Husband") on the ground of inappropriate marital conduct. In its judgment, the trial court decreed, among other things, that Wife was to be paid alimony in the amount of $750 per month for 24 months; costs of $579.70; and attorney's fees of $1,850. Husband appeals contending that the trial court erred in making all of these decrees. We affirm.

Susan Carroll vs. David Carroll
E2002-01021-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Steven C. Douglas
This is a divorce case. The only issues raised on appeal pertain to the trial court's award of alimony. That court awarded David William Carroll ("Husband") alimony of $2,000 per month "until the death of either party or his remarriage." Susan Elizabeth Carroll ("Wife") appeals, contending that Husband should be awarded rehabilitative alimony rather than alimony in futuro, and that, in any event, $2,000 per month "is excessive." We modify the trial court's award of alimony. As modified, the trial court's judgment is affirmed.

Charles Whited vs. Christy Fleenor
E2002-01185-COA-R3-JV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: J. Klyne Lauderback
Trial Court ordered child's surname changed from mother's to father's. We reverse.

Ronnie Cox vs. Amy Cox
E2002-02034-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Steven C. Douglas
Ronnie R. Cox ("Husband") and Amy R. Cox ("Wife") were divorced in 1993. At that time, the parties had two minor children. They subsequently had another child. In 1998, the parties entered into an agreed order that provided for joint physical and legal custody with each parent having equal time with the children. The agreed order also required Husband to pay $200 per month to Wife for child-care expenses. In 2002, Husband filed a Petition for Modification seeking to be relieved of the $200 per month obligation because Wife's income had increased substantially and was equal to, or greater than, Husband's. The Trial Court found, inter alia, the $200 payments were contractual in nature and denied the Petition for Modification. Husband appeals. We reverse.

In Re: The estate of Nola Mae Mullins vs. Mary Panther
E2002-02094-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: John D. Mcafee
Administrators of the Estate petitioned the Court to require respondent to account for funds held by her by virtue of her power of attorney for deceased. We affirm the Trial Judge's Order requiring an accounting.

Helen Cornell vs. State
E2002-02173-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Vance W. Cheek
Plaintiff's claim for injuries sustained from falling in hole in state park was dismissed by Commissioner. On appeal, we affirm.

Denise Ashworth vs. Greene County
E2002-00500-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Thomas R. Frierson, II
Denise Ashworth, the proprietress of a bed and breakfast in Greene County, filed a declaratory judgment action challenging the constitutionality of a hotel/motel privilege tax authorized by private act of the General Assembly ("the Act") and approved by the Greene County Commission. Among other relief, she seeks the return of approximately $3,000 in taxes collected by her from patrons and paid by her under protest to Greene County. While her suit was pending, the trial court permitted an individual who had stayed one night at a local motel to intervene in this case. The gravamen of his complaint was the same as that of Ashworth's. The trial court granted the defendants summary judgment as to Ashworth's claim, finding that she was not the taxpayer under the Act and, consequently, did not have standing to pursue her claim. As to the intervenor's claim, the trial court held that the Act was unconstitutional and ordered that he be refunded the sum of $1.61, the amount of the tax that he had paid under protest, plus interest. Only Ashworth appeals. She contends that the traditional concept of standing should be broadened to permit her to pursue her claim. We affirm the judgment of the trial court.

Donna Mancuso-Bertone v. Michael E. Braswell
M2002-00025-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Clara W. Byrd

The mother of a fourteen year old male child appeals the action of the trial judge in denying her Petition for a change of custody. The trial court found that no material change of circumstances had been established by the evidence that would justify change of custody. We affirm the action of the trial court.

Bobby Bobbitt, et al., v. Dorothy B. Shell, Commissioner, et al.
M2002-00512-COA-R3-CV
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

Appellants, state employees, were subjects of a Reduction In Force ("RIF") and appeal the order of the chancery court dismissing their petition for review of the Commissioner of Personnel's decision that their respective positions were correctly resolved in the RIF.

Boyd Stinson, et al., v. Brenda Sue Bobo
M2001-02704-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Chancellor R.E. Lee Davies

This appeal involves a conflict between neighbors over whether the Stinsons have a right to use a dirt lane that runs across the edge of Mrs. Bobo's property and connects the Stinsons' property to a county road. The trial court found a prescriptive easement was proved. Mrs. Bobo appeals that judgment to this court on two grounds: (1) that the Stinsons failed to show exclusive use of the easement during the prescriptive period; and (2) that there was no acquiescence to the Stinsons' claim of right to use the easement by the prior owners of what is now Mrs. Bobo's property during the prescriptive period. We affirm the trial court's judgment.

Arthur Stigall v. Bronson M. Lyle, et al.
M2001-00803-COA-R3-CV
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Judge Leonard W. Martin

The plaintiff filed this action in the Chancery Court of Houston County seeking to quiet title to a parcel of property located there. The court granted the defendants' Tenn. R. Civ. P. 12.02 motion to dismiss the plaintiff's complaint, and imposed sanctions pursuant to Tenn. R. Civ. P. 11. Although the appellant raises legitimate issues as to the grounds cited for dismissing the complaint, we nevertheless affirm, finding that the complaint conclusively shows that the plaintiff has no colorable title to the subject property.

Joe H. Parks v. George Eslinger, et al.
M1999-02027-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Chancellor Jim T. Hamilton

This second appeal in this dispute involves the trial court's modifications of a special master's report regarding the liabilities of the parties after the dissolution of their partnership. The special master reported that one partner, Mr. Eslinger, owed the other partner, Mr. Parks, $10,051.30. Mr. Parks objected, and the trial court modified the special master's report, awarding Mr. Parks an additional $45,427.04, and ordered that Mr. Eslinger pay the costs of the special master. Mr. Eslinger now appeals the trial court's modifications and award of costs. Because the record does not support the trial court's modifications, we reverse and reinstate the master's findings as amended. We modify the award of the costs of the special master.

In Re: Estate of Adam James Burress
E2002-00320-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Judge James L. Cotton, Jr.

This appeal involves several issues regarding the disposition of certain assets of and relating to the estate of Adam James Burress ("Decedent"), who died intestate in a one-car accident on March 5, 2001. The Trial Court imposed an equitable lien on the insurance proceeds of an automobile collision policy in favor of Eva Burress, the Decedent's grandmother, in the amount which the Court found she loaned to Decedent in order to purchase the automobile, which was totally destroyed in the accident. The Appellant, Sue Michelle Burress ("Widow"), Decedent's wife, argues on appeal that the Trial Court erred in failing to award her the insurance proceeds, and in ruling that payment of the funeral expenses should take precedence over the spousal support allowances and all other claims. The Appellees, Roy and Eva Burress, Decedent's grandparents, and Jeff and Linda Burress, Decedent's parents, have appealed the Court's ruling that the mobile home in which Decedent and Widow lived prior to their separation was not permanently affixed to the grandparents' land and thus was the Widow's personal property. We modify the judgment so as to provide that the Widow's statutory year's support allowance is exempt from claim against the estate for reimbursement of funeral expenses. We affirm the judgment of the Trial Court in all other respects.

In the Matter of: R.L.H., A Child under Eighteen (18) Years of Age, State of Tennessee Department of Children's Services, v. Darlene Medley Hall
M2002-01179-COA-R3-JV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Floyd Don Davis

Department of Children’s Services filed petition to terminate parental rights of mother of abused, dependent and neglected minor child. Department’s termination petition was based on allegations of abandonment, mother’s failure to substantially comply with a permanency plan, the removal of the child for at least six months with little likelihood that the conditions causing removal would be remedied, and the best interests of the child. Juvenile Court granted petition terminating mother’s parental rights. Mother appeals. For the following reasons, we affirm.
Tenn. R. App. P. 3; Appeal as of Right; Judgment of the Juvenile Court Affirmed and Remanded
 

Mortgage Management, Inc., v. Eller Media Company
E2001-3099-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Chancellor Howell N. Peoples

Mortgage Management Inc. (“Mortgage Management”) sued Eller Media Company (“Eller”) claiming ownership of two billboards located on land purchased by Mortgage Management. Mortgage Management filed a motion for partial summary judgment and submitted proof showing it had purchased the land upon which the billboards were located at a foreclosure sale in 1993. Eller responded to the motion for partial summary judgment by claiming it was the owner of the billboards and submitting proof in support of its position. The Trial Court granted Mortgage Management’s motion for partial summary judgment and, after a trial on damages, awarded Mortgage Management a judgment in the amount of $149,721.14. We hold there is a genuine issue of material fact with regard to who owns the billboards. Therefore, we vacate the judgment and remand this case to the Trial Court. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Vacated; Case Remanded
 

Joe Mitchell v. CCA
M2002-00371-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Robert L. Jones

Joe Mitchell v. CCA
M2002-00371-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Robert L. Jones

Marcus Lewis v. Dept of Correction
M2002-00608-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ellen Hobbs Lyle

Marcus Lewis v. Dept of Correction
M2002-00608-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ellen Hobbs Lyle

John Hessmer v. Fernando Miranda
M2001-02056-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Walter C. Kurtz
This appeal involves a state prisoner's efforts to pursue medical malpractice and wrongful death claims arising from the death of his mother. The prisoner filed a pro se complaint in the Circuit Court for Davidson County against his mother's treating physician and a nurse. The defendants filed a joint motion for summary judgment supported by their own affidavits. The trial court granted the prisoner additional time to obtain opposing affidavits and then dismissed the prisoner's complaint after he was unable to do so. The prisoner complains on appeal that his incarceration prevented him from obtaining the opposing affidavits and asserts that the trial court erred by declining to appoint a "special master" to aid him in the discovery process. We have determined that the prisoner was not entitled to the assistance of a special master and that the trial court properly dismissed the prisoner's complaint because he failed to demonstrate the existence of a material factual dispute that would warrant a trial.

Newell Smith v. Brenda Smith
M2001-02231-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Charles K. Smith
Wife filed petition for civil contempt against former Husband for failure to pay alimony as set forth in the Martial Dissolution Agreement and final decree. Husband responded, arguing that he did not have the ability to pay the alimony as agreed. The trial court found Husband in willful contempt of the previous order of the court due to his failure to pay the first two alimony installments and ordered Husband incarcerated if he did not appeal or make those payments within thirty days. Because the trial court found that Husband did not have the ability to pay at the time of the contempt hearing, we vacate the order incarcerating Husband if he does not pay.

James Boyd vs. Billy Riley
M2002-01384-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Stella L. Hargrove
This appeal, filed pro se, involves two separate law suits that were filed and pursued in the trial court without consolidation and heard without consolidation on appeal. One complaint alleges negligence, and the other complaint alleges malpractice. The trial court dismissed both actions, and we affirm the actions of the trial court.

Naomi Hausler v. Discounts R. Us
M2002-01465-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: John D. Wootten, Jr.
Plaintiff, pro se, appeals the action of the trial court in denying her Petition in the Nature of a Petition to Vacate a Void Judgment and Collateral Attack. We affirm the trial court.

Dwight James v. State
M2002-01557-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Ellen Hobbs Lyle
This appeal involves Dwight James' unsuccessful attempt to qualify as a candidate for Hickman County Road Superintendent and be placed on the August, 2002, election ballot. The trial court granted the Tennessee Highway Officials Certification Board's summary judgment motion, finding that the Board had not acted arbitrarily, capriciously or illegally in not certifying Mr. James as qualified to run for the office of County Road Superintendent. We have determined that the appeal is moot.

Richard Manson v. Anthony Gross
M2000-03206-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Frank G. Clement, Jr.
This appeal concerns Western Surety Company's liability on a bond it executed with Anthony Goss. The trial court entered judgment against Western Surety Company on the bond. This Court affirms the judgment of the trial court.