COURT OF APPEALS OPINIONS

Virginia A. Parker, v. First American Corporation
M2000-00456-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Thomas Goodall

This appeal involves the jury’s assessment of damages arising out of a premises liability case. Finding the plaintiff to be 49% at fault and the defendant to be 51% at fault, the jury awarded to the plaintiff 51% of the damages that it had assessed. On appeal, the plaintiff argues that the jury’s damage award is not supported by material evidence in that it does not include damages for pain, suffering and loss of enjoyment of life. We agree with the plaintiff. Therefore, we reverse the jury’s award as to damages and remand this case for a new trial only on the issue of damages.

Clarice C. White v. Mary Jo Dozier and the Montgomery County Election Commission, et al.
M1999-02386-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Carol A. Catalano

This is an appeal by the contestant in an election contest brought pursuant to Tennessee Code Annotated sections 2-17-101 to 2-17-116. The trial court dismissed the complaint specifically holding that the mandate of section 17-106, that trial of an election contest “be held no more than fifty days from the date the complaint was filed,” was jurisdictional such that after the expiration of this fifty-day period, the trial court lost jurisdiction.

Kathleen J. Young-Green v. Richard W. Green
W1999-00093-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Walter L. Evans

Kathleen Young-Green appeals from the judgment of the Chancery Court of Shelby County. Her complaint had sought imposition of a constructive trust over assets allegedly procured through the exercise of undue influence. The trial court dismissed the case under Rule 41.02 of the Tennessee Rules of Civil Procedure finding that the Plaintiff had not satisfied her burden of proof. For the reasons stated herein, we affirm the trial court’s dismissal.

Dorothy West Harmon v. Harvey Carl Harmon
W1998-00841-COA-R3-CV
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Joe C. Morris

This is a divorce case. The husband is a physician employed by a professional association. The trial court granted the wife the divorce and awarded the wife, inter alia, 50% of the value of the husband’s interest in his medical practice and 45% of the husband’s retirement and profit sharing plans. The wife was awarded alimony in futuro of $6000 per month for 13 years. The husband was ordered to assume responsibility for the parties’ marital debt. The wife’s request for attorney’s fees was denied. The wife appeals the trial court’s valuation of the husband’s interest in the medical practice, the amount of alimony awarded, the division of the retirement and profit sharing plans, and the denial of attorney’s fees. The husband appeals the trial court’s order that he pay the marital debt. We reverse the trial court’s valuation of the husband’s interest in his medical practice, holding that the values set forth in buy-sell agreements executed by the husband are relevant but not binding on the wife in the divorce. The remainder of the trial court’s decision is affirmed.

Timothy Shaun McClure, v. Stacy Dawn McClure
W1998-00804-COA-R3-CV
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Dewey C. Whitenton

This is a divorce case. The trial court awarded the husband sole custody of the parties’ children and ordered the wife to pay child support. Supervised visitation was awarded to the wife, and visitation was also awarded to the maternal grandmother and great-grandmother. The trial court also ordered that the marital home be sold, with the proceeds divided between the parties. We affirm the award of custody to the husband, reverse the award of visitation to the maternal grandmother and great-grandmother, reverse the order that the marital home be sold, and remand.
 

RE: The matter of Ashley Michele Menard
M1999-00117-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Muriel Robinson

Hoalcraft vs. Smithson
M1999-00143-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Russell Heldman

Environmental Abatement, Inc. vs. Astrum R.E. Corp.
M1998-00871-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell

Crump vs. TN Civil Service Commission
M1999-02677-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ellen Hobbs Lyle

Adams vs. Cooper
M1999-02664-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Patricia J. Cottrell

M1999-2664-COA-R3-CV
M1999-2664-COA-R3-CV
Trial Court Judge: William C. Koch

Papachristou vs. The University of TN
M1999-00960-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Irvin H. Kilcrease, Jr.

Owner-Operator Ind. Drivers Assoc., et al vs. Concord EFS, et al
M1999-02560-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Cornelia A. Clark

Owner-Operator Ind. Drivers Assoc., et al vs. Concord EFS, et al
M1999-02560-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell

Owner-Operator Ind. Drivers Assoc., et al vs. Concord EFS, et al
M1999-02560-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Cornelia A. Clark

02681-COA-R3-CV
02681-COA-R3-CV

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E1999-01471-COA-R3-CV
E1999-01471-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

E1999-02448-COA-R3-CV
E1999-02448-COA-R3-CV
Authoring Judge: Judge David Michael Swiney

E1999-02293-COA-R3-CV
E1999-02293-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

Craig v. Gabbert, Jr., L. Glenn Worley And M. Kimberly Stagg Of
E1998-00825-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

EI999-00286-COA-R3-CV
EI999-00286-COA-R3-CV

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Trial Court Judge: G. Richard Johnson