COURT OF APPEALS OPINIONS

State of Tenessee o/b/o Carol A. Vaughn v. Peter Kaatrude - Concurring
M1997-00146-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Charles E. Bush

This appeal involves a father’s obligation to pay support for a non-marital child. Fifteen years after the child’s birth, the Tennessee Department of Human Services, acting on behalf of the child’s mother, filed suit in the Montgomery County Juvenile Court seeking to establish paternity and to obtain past and future support from the father. Following a bench trial, the trial court entered an order establishing paternity and ordering the father to pay $542.50 per month in child support. The juvenile court also awarded the mother $50,000 in back child support. The father now takes issue with the amount of the award for back child support. We have concluded that the evidence does not support the amount of the award for back child support and accordingly remand the case for further proceedings.

Montgomery Court of Appeals

Carl Scott and Alma Scott, v. Rogers Group, Inc.
M1999-00048-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge Barbara N. Haynes

This is a case involving breach of contract. Plaintiffs/appellants, Carl Scott and Alma Scott (referred to herein as “the Scotts”) appeal from the order of the trial court granting summary judgment to defendant/appellee, Rogers Group, Inc.

Davidson Court of Appeals

Barry Stokes and Pamela Stokes v. Torina Arnold
M1998-00749-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Allen W. Wallace

The Chancery Court for Dickson County terminated a mother’s parental rights to three young children and allowed the foster parents to proceed with the adoption of the children. Because we find that the record does not contain clear and convincing evidence upon which to base the termination of the mother’s parental rights, we reverse.
 

Dickson Court of Appeals

Steven B. Dargi and Andrea L. Dargi v. The Terminix International Company, State of Tennessee, et al. - Concurring
M1999-00145-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Walter C. Kurtz

The plaintiff repeatedly cursed and insulted the defendant’s attorney during a taped deposition. The attorney played portions of the tape during the trial. The trial court found that the plaintiff’s utterances constituted criminal contempt. We affirm.

Davidson Court of Appeals

In the Matter of: K.E.C.D., a child Under the Age of 18 Years
M1998-00759-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Barry Brown

This appeal involves a dispute over the surname of a child born to unmarried parents. The biological father (“Father”) of the minor child, seeks reversal of the juvenile court’s denial of his motion to change the child’s last name. Over the objections of the mother (“Mother”),1 Father sought to change his son’s last name to his own to reflect his paternity. For the following reasons, we vacate and remand.2

Sumner Court of Appeals

Ferris E. Watson v. Lynn Rose Watson
M1999-02527-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Leonard Martin

This case involves a dispute over custody of two children upon their parents’ divorce. The trial court awarded custody to Lynn Rose Watson (“Mother”) with visitation to Ferris E. Watson (“Father”). Father appeals, claiming he is comparatively the better parent. We affirm the award of custody to Mother.

Stewart Court of Appeals

Robert Bean, Franklin Shaffer, David Autry, Mack Roberts, v. Ned Ray McWherter, Governor of the State of Tennessee, et al.
M1999-01493-COA-R3-CV
Authoring Judge: Presiding Judge Ben H. Cantrell

The appellants have asked the court to rehear this appeal because we did not address the facial conflict between the definitions of Class II and Class III wildlife, leaving the public without any guidance as to what species are in Class II. Since the possession of Class II wildlife without a permit is a crime, and no permit is required for the possession of those species in Class III, the determination of what is included in Class II is the critical determination. And a person of ordinary intelligence must be able to make it. State v. Thomas, 635 S.W.2d 114 (Tenn. 1982).

Davidson Court of Appeals

Rutherford Co. Bd. of Ed. vs. Rutherford Co. Comm.
M1999-00288-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Robert E. Corlew, III
This is a declaratory judgment action on undisputed facts. The question for disposition is whether the Public Building Authorities Act of 1971 authorizes the Rutherford County Commission to direct the Rutherford County Public Buildings Authority to hire architects, select a contractor and prepare school building design plans for presentation to the Rutherford County School Board. The trial court held that it is the responsibility of the Rutherford County Board of Education to plan, locate, erect and furnish public schools in Rutherford County and that the Rutherford County Commission was without authority to direct the Rutherford County Public Buildings Authority to act in this respect. We affirm the trial court.

Rutherford Court of Appeals

E1999-02098-C)A-R3-CV
E1999-02098-C)A-R3-CV

Hawkins Court of Appeals

State Farm Mutual Automobile Insurance vs. Brian Howard, et al
E1999-02558-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

Blount Court of Appeals

E1999-02550-COA-R3-CV
E1999-02550-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

Knox Court of Appeals

02525-COA-R3-CV
02525-COA-R3-CV

Blount Court of Appeals

00747-COA-R3-CV
00747-COA-R3-CV

Sullivan Court of Appeals

Jeffrey L. Lawson v. University of Tennessee
E1999-02516-COA-R9-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor Sharon Bell

We granted this Rule 9, T.R.A.P., application to determine whether the defendant University of Tennessee (“the University”) can be sued for a violation of the federal Fair Labor Standards Act. We find that it cannot be sued for such violations under the current state of the law. Accordingly, we reverse the trial court’s order denying the University’s motion to dismiss.

Knox Court of Appeals

E1999-02516-COA-R9-CV
E1999-02516-COA-R9-CV
Authoring Judge: Judge Charles D. Susano, Jr.

Knox Court of Appeals

E1999-02518-COA-R3-CV
E1999-02518-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.

Knox Court of Appeals

William George Baltrip vs. Roy K. Norris, et al . Carolyn Turner vs. Monroe Farmers Cooperative
E1999-02545-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

Blount Court of Appeals

E1998-00745-COA-R3-CV
E1998-00745-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.

Claiborne Court of Appeals

Advantage Funding Corp. vs. Mid-TN Manufacturing Co.
M1997-00133-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: James E. Walton

Montgomery Court of Appeals

Lineberry vs. Ashe
M1999-00075-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Tom E. Gray

Wilson Court of Appeals

Baker, et al vs. American Paper and Twine Co.
M1999-00142-COA-R9-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Carol L. Soloman

Davidson Court of Appeals

Woodridge Properties vs. Franco-Ward
M1999-00458-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.

Montgomery Court of Appeals

West vs. West
M1998-00725-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Patricia J. Cottrell

Warren Court of Appeals

E1999-02263-COA-R3-CV
E1999-02263-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

Hamblen Court of Appeals

In This Action F Or Damag Es For Injuries Sustained In a Motor Ve Hicle
E1999-02271-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks

Court of Appeals