COURT OF APPEALS OPINIONS

Thomas Joiner vs. Dora Taylor Joiner
M1999-01721-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Robert E. Burch
Wife appeals the conversion from a divorce from bed and board (now known as a "legal separation") to an absolute divorce, claiming the trial court was required to hold another evidentiary hearing concerning the support and property rights of the parties. The parties had ostensibly agreed to a final division of property at the time of the divorce from bed and board, and the trial court had held a later hearing regarding the fairness of the division and Wife's capacity to make such an agreement. Because we find that the trial court made "a final and complete adjudication of the support and property rights of the parties," as required by statute, when it incorporated the agreement of the parties at the time of the divorce from bed and board, we affirm the trial court.

Stewart Court of Appeals

Charles Rooker v. Donal Campbell
M1999-01657-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 Department of Correction over his release eligibility date. Dissatisfied with the response to his petition for a declaratory order, the prisoner filed a petition for a declaratory judgment in the Chancery Court for Davidson County, asserting that the extension of his release eligibility date violated the Department's policy regarding punishment for escape and the terms of his plea agreement. He also claimed that the Department had wrongfully deprived him of sentence reduction credits. The trial court dismissed the petition, and the prisoner has appealed. We affirm.

Davidson Court of Appeals

Farmers & Merchants Bank, a Tennessee Corporation, v. Midway Supply Company, Inc., a Tennessee Corporation
M1999-00147-COA-R3-CV
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge James E. Walton

This appeal involves a suit to recover money advanced by a construction lender to a building supply company to pay for building supplies which the bank mistakenly thought had been delivered to the bank’s debtor. Plaintiff, Farmers & Merchants Bank (Bank) sued defendant, Midway Supply Company, Inc., (Midway) to recover the sums advanced after Midway failed to deliver the supplies and applied the advanced funds to pay other accounts of the Bank’s debtor. From the judgment of the Circuit Court awarding judgment to Bank for the advanced funds less certain credit, Midway has appealed.

Montgomery Court of Appeals

Karuna T. Soni, et al., v. Kenneth P. Tully, et al.
M2000-00594-COA-R10-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Marietta M. Shipley

This extraordinary appeal involves an automobile collision. The driver of the automobile that was struck from behind and her husband filed a negligence action in the Circuit Court for Davidson
County against the driver and record owner of the automobile that struck her. The trial court granted the plaintiffs’ motion for partial summary judgment on the issue of the driver’s liability. The defendants applied for an extraordinary appeal after the trial court declined to grant them an interlocutory appeal. We have determined this is a proper case for an extraordinary appeal and that the plaintiffs are not entitled to a partial summary judgment because of the existence of material factual disputes regarding liability. Accordingly, pursuant to Tenn. Ct. App. R. 10(b),1 we reverse the partial summary judgment and remand the case for further proceedings. Tenn. R. App. P. 10 Extraordinary Appeal; Judgment of the Circuit Court Reversed.
 

Davidson Court of Appeals

Winstead vs. Goodlark Reg. Med. Ctr.
M1997-00209-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Allen W. Wallace

Dickson Court of Appeals

In re: Estate of Marguerite Mongold Cranor
M1997-00231-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Tom E. Gray

This appeal involves a dispute over a sizeable estate. After learning that they had been excluded from their relative’s will, thirteen of the testatrix’s heirs challenged the will in the Chancery Court for Sumner County on the grounds of improper execution, lack of testamentary capacity, and undue influence. The proponents of the will asserted that the contestants lacked standing because their challenge, even if successful, would only revive an earlier will from which they had likewise been excluded. The trial court found that the contestants had standing but, following a bench trial, determined that the contestants had failed to prove their improper execution, lack of testamentary capacity, or undue influence claims. On this appeal, the contestants take issue with the decision to uphold the will; while the proponents take issue with the conclusion that the contestants had standing to challenge the will. We have determined that the contestants had standing to challenge the will and that the trial court properly determined that the will should be admitted to probate in solemn form. Accordingly, we affirm the judgment. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed and Remanded.
 

Sumner Court of Appeals

Donnie Shawn Julian v. Lisa Carol Julian
M1997-00236-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge John B. Melton

This appeal involves a custody dispute over twin daughters born after their parents separated following a brief marriage. The father filed for divorce in the Putnam County General Sessions Court shortly after learning that the mother was pregnant, and the mother counterclaimed for divorce and for sole custody of the unborn children. Following a bench trial, the general sessions court granted the father a divorce based on the mother’s inappropriate marital conduct, awarded the father sole custody of the children, and directed the mother to pay child support. On this appeal, the mother asserts that the general sessions court’s decision interferes with her constitutional right to make primary care-taking decisions for her children, that she is comparatively more fit than the father to be the custodial parent, and that the general sessions court should have awarded joint custody. We have determined that the custody arrangement does not impermissibly interfere with the mother’s parental rights and that the evidence fully supports the general sessions court’s custody decision. Accordingly, we affirm the judgment awarding sole custody to the children’s father. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the General Sessions Court Affirmed and Remanded
 

Putnam Court of Appeals

Venessa Lynn Totty v. Michael Alan Totty - Concurring
W1999-02426-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Kay S. Robilio

I concur with the results reached by the majority in this case. With respect to the issue of counseling, I agree with the majority that the statute has become inapplicable in the present case due to the child having reached majority. I write separately because of my concern that the majority
opinion might be interpreted as limiting a trial court’s discretion to order counseling to that specifically set forth in T.C.A. § 36-6-101(e)(1), the text of which is set forth in the majority opinion. I interpret the statute to be permissive rather than prohibitive. For example, I can envision a trial court ordering a non-custodial parent to undergo counseling for anger management as a condition of exercising visitation rights. I do not believe the aforementioned statute prohibits this.

Shelby Court of Appeals

Davis, et al vs. Eubanks and DHS
M1999-00066-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Irvin H. Kilcrease, Jr.

Davidson Court of Appeals

Crowell vs. Brown
M1999-00505-COA-R3-CV
Authoring Judge: Judge David Michael Swiney

Humphreys Court of Appeals

Basily vs. Rain, Inc., et al
M1998-00917-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Thomas W. Brothers

Davidson Court of Appeals

Estate of Divinny vs. Wheeler Bonding Co.
M1999-00678-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Frank G. Clement, Jr.

Davidson Court of Appeals

Frances Jean Hernandez v. Philip Andreus Hernandez
M1999-00967-COA-R3-CV
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge Marietta M. Shipley

The appellant owned an undivided one-third interest in a residence prior to his marriage to the appellee. They occupied the residence for about two years, during which time the evidence reveals that the appellee engaged herself in constant repairs, thereby increasing the liveability and value of the residence. She was awarded 75% of the increase in the value of this residence during the marriage, of which the appellant complains.

Davidson Court of Appeals

Amos vs. Vanderbilt
M1999-00998-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Hamilton V. Gayden, Jr.

Davidson Court of Appeals

Wendy Byrne vs. Steven Byrne
W1999-01492-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford

Madison Court of Appeals

Louise Holder vs. First TN Bank
W1998-00890-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Robert S. Benham

Shelby Court of Appeals

Peggy Shephard vs. Wal-Mart
W1998-00903-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: C. Creed Mcginley

Henry Court of Appeals

Jean Straub vs. Jason Roberts
W1998-00854-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Kay S. Robilio

Shelby Court of Appeals

Robbie Allen vs. Piggly Wiggly
w1999-00478-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Robert A. Lanier

Court of Appeals

W1999-00247-COA-R3-CV
W1999-00247-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Ron E. Harmon

Benton Court of Appeals

E1999-1531-COA-R3-CV
E1999-1531-COA-R3-CV

Court of Appeals

E1999-2339-COA-R3-CV
E1999-2339-COA-R3-CV

Hamilton Court of Appeals

R. E. Sharp, Jr. vs. Campbell Co. Bd. of Education & Campbell Co., TN
E1999-00397-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

Campbell Court of Appeals

William A. Harvey vs. Lenoir City Utilities Board
E1999-00601-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman

Court of Appeals

State ex rel Jerry N. Estes vs. Johnny Dewayne Hicks
E1999-01603-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks

Court of Appeals