COURT OF APPEALS OPINIONS

Jeremy Tompkins vs. Mary Rainey
W1999-01218-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: A. V. Mcdowell
In this action to establish parentage, Jeremy Earl Tompkins (Father) appeals the trial court's final judgment awarding Mary Helen Rainey (Mother) custody of the parties' infant son. We affirm the trial court's judgment.

Shelby Court of Appeals

In Re: S.D., M.D., Sh.D., & Ma.S.
M2003-02672-COA-R3-PT
Authoring Judge: Judge William B. Cain
Trial Court Judge: Barry R. Brown
This case comes before the Court on appeal from the Sumner County Juvenile Court's termination of Appellant's parental rights as to four children. Each parent raises separate issues on appeal. We affirm the action of the trial court in all respects.

Sumner Court of Appeals

James Powell vs. M.P. Gurkin
W1999-00827-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Jon Kerry Blackwood
This is a personal injury action arising out of a slip-and-fall accident which occurred at a laundromat owned by the Gurkin Defendants. The fall was allegedly caused by a hole in the floor of the laundromat which was created by the Defendant Hardin in attempting to locate and repair a water leak in the laundromat. The Plaintiff fell while walking into the laundromat carrying his laundry basket. He brought the present suit claiming that the Defendants were negligent in failing to repair the hole or providing adequate warning of the dangerous condition. The Defendants filed a Motion for Summary Judgment claiming that the Plaintiff failed to use reasonable care in confronting a known risk. After arguments of counsel, the trial court granted both Defendants' Motions for Summary Judgment.

Fayette Court of Appeals

John Watson vs. Mike Young
W1999-00683-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: R. Lee Moore Jr.
This appeal arises from a lawsuit filed by an inmate at the Northwest Correctional Complex. The complaint sought damages for personal injuries sustained as a result of an electrical shock allegedly caused by the Defendant's inactions. The Lake County Circuit Court dismissed the complaint finding that the plaintiff's claim sounded in negligence and the defendants, as state employees, enjoyed absolute immunity from negligence claims.

Lake Court of Appeals

Glenda Click, as next of kin to Curtis Hugh Click, Deceased, v. Nelson J. Mangione, et al.
M1999-00129-COA-R3-CV-
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Walter C. Kurtz

This is a medical malpractice case. The paintiff’s husband died of a cardiac rupture while in the care of the defendant physicians. The plaintiff filed a wrongful death suit, asserting medical malpractice in the care of her husband. The trial court granted summary judgment to the defendant doctors, finding that the plaintiff’s expert’s testimony failed to show that a breach of the standard of care by the defendants caused the death of the plaintiff’s husband. The plaintiff appeals. We affirm, finding that the plaintiff did not present evidence that, to a reasonable degree of medical certainty, a breach of the standard of care by the defendants caused the death of the decedent. Tenn. R. App. P. 3; Judgment of the trial court is affirmed
 

Davidson Court of Appeals

Richard Norman Redman. v. Donna Kay Redman
E1999-02588-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Judge D. Kelly Thomas, Jr.

A divorce decree was filed in 1993 with the marital assets being divided by agreement of these parties. The decree awarded Husband’s military retirement benefits to Wife “as a division of marital property.” The decree also provided that inasmuch as Wife was to receive that pension, she should be responsible for the support of the parties’ two minor children. In 1999, after the children reached majority, Husband filed this “Petition to Discontinue Child Support and Modify Final Judgment by Restoring Retirement Benefits.” The Trial Court held that the divorce decree ordered Husband to pay Wife his military pension as a division of marital property, not child support, and therefore declined to modify the original decree. We affirm the judgment of the Trial Court.
 

Blount Court of Appeals

Richard Norman Redman v. Donna Kay Redman - Concurring
E1999-02588-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge D. Kelly Thomas, Jr.

I agree with the majority’s conclusion that there is no basis for invalidating the 1993 award to Wife of Husband’s Air Force retirement -- an award made by the trial court “as a division of marital property.” As a part of an unappealed-from final judgment, the trial court’s division-ofproperty award is not subject to challenge in this proceeding, see Vanatta v. Vanatta, 701 S.W.2d 824, 827 (Tenn. Ct. App. 1985), in the absence of a Tenn. R. Civ. P. 60.02 basis for relief, and I find no such basis in the meager record before us.

Blount Court of Appeals

Morris Slutsky, et ux vs. City of Chattanooga, et al
E1999-00196-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: W. Neil Thomas, III

Hamilton Court of Appeals

Jones vs. H.G. Hill Realty Co.
M1999-00633-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Russell Heldman

Williamson Court of Appeals

Whiteaker vs. City of Cookeville
M1999-00732-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: John A. Turnbull

Putnam Court of Appeals

Newton, et al vs. Ceasar, et al
M2000-01117-COA-R10-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Jim T. Hamilton

Lawrence Court of Appeals

Terry Howard vs. Jack Morgan, et al
M2000-00548-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Jeffrey S. Bivins
In this case, a prisoner appeals from dismissal of his lawsuit on the basis that the allegation of poverty in his affidavit of indigency was false. Because the record includes a certified copy of the prisoner's trust account statement showing a balance from $1,100 to over $1,200, we affirm.

Hickman Court of Appeals

William Garrett v. Board of Paroles
M2000-00219-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ellen Hobbs Lyle
This appeal involves a dispute between a prisoner and the Tennessee Board of Paroles regarding the Board's decision to schedule his next consideration for parole in September 2003. Believing that his current sentence will expire in May 2002, the prisoner filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County asserting that the Board had acted illegally by deferring its next consideration of his parole until after the expiration of his sentence. He also asserted that the Board had misunderstood the evidence presented at his 1998 parole hearing and that the Board improperly denied him parole because of the seriousness of his offense. After the trial court dismissed his petition, Mr. Garrett appealed to this court. We have determined that the prisoner sued the wrong party with regard to the sentence expiration date claim and that his remaining claims do not entitle him to the relief available in a certiorari proceeding. Accordingly, we affirm the trial court's dismissal of the prisoner's petition.

Davidson Court of Appeals

Ceramic Tile Distributors vs. Western Express
M1999-02039-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Walter C. Kurtz

Davidson Court of Appeals

Barge vs. Sadler
M1999-01923-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Allen W. Wallace

Humphreys Court of Appeals

Washington vs. The 822 Corporation, et al
M1999-01318-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Carol L. Soloman

Davidson Court of Appeals

Terry vs. Terry
M1999-01630-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Russell Heldman

Williamson Court of Appeals

Of Law. Byrd v. Hall, 847 S.W.2D 208, 214 (Tenn. 1993). The Party Seeking Summary Judgment Has
E1999-00150-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Richard R. Vance

Sevier Court of Appeals

Kenneth M. Seaton D/B/A Kms Enterprises v. Tennessee
E1998-00880-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Bobby H. Capers

Sevier Court of Appeals

Eslick vs. Campbell
M1998-00944-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ellen Hobbs Lyle

Davidson Court of Appeals

Equifax vs. Johnson
M1999-00782-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Carol L. Mccoy

Davidson Court of Appeals

Cathy Lee Barnes Williams v. Rodney Lee Williams.
M1999-00221-COA-R3-CV-
Trial Court Judge: Marietta M. Shipley

Davidson Court of Appeals

Abernathy vs. Abernathy
M1999-00891-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Clara W. Byrd

Wilson Court of Appeals

State vs. Pruitt
M2000-00416-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Wayne C. Shelton

Montgomery Court of Appeals

Anderton vs. Amari
M1999-01145-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Muriel Robinson

Davidson Court of Appeals