COURT OF APPEALS OPINIONS

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

E1999-02285-COA-R3-CV
E1999-02285-COA-R3-CV
Authoring Judge: Judge David Michael Swiney

E1999-01308-COA-R3-CV
E1999-01308-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

James R. Golden vs. Holly N. Hood (Black)
E1999-02443-COA-MR3-CV
Authoring Judge: Presiding Judge Herschel P. Franks

E1999-02427-COA-R3-CV
E1999-02427-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.

E1999-02474-COA-R3-CV
E1999-02474-COA-R3-CV
Authoring Judge: Judge David Michael Swiney

03A01-9808-CV-00282
03A01-9808-CV-00282

Sandra Silverstein vs. William Rice
W1999-01336-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: George R. Ellis
This is a suit to enforce a past child support obligation. The mother filed suit against the father, seeking past due child support payments, health insurance premiums and medical costs for the parties' three minor children. The trial court held for the mother, and granted her a judgment for the child support arrearages, health insurance and medical costs, attorney's fees and pre-judgment interest on the child support arrearages. The father appeals, arguing, inter alia, that the trial court erred by failing to prorate his child support obligation as each child attained majority. We affirm, holding that the trial court was not required to prorate the child support obligation as each child attained majority, because the child support award was a lump sum for all of the children and the amount was below the guideline amount for the remaining minor children.

1999-00399-COA-R9-CV
1999-00399-COA-R9-CV

E1999-00892-COA-
E1999-00892-COA-

Strzelecki vs. McGriff
M1999-00057-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Muriel Robinson

Swanson vs. Peterson
M1999-00241-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Walter C. Kurtz

00585-COA-R3-CV
00585-COA-R3-CV
Trial Court Judge: Vernon Neal

01250-COA-R3-CV
01250-COA-R3-CV
Trial Court Judge: Irvin H. Kilcrease, Jr.

Ronald M. Guy v. Mutual of Omaha Insurance Company
W1999-00942--COA-R9-CV
Trial Court Judge: Karen R. Williams

Estate of W.O. McIntyre
W1999-01700-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Dewey C. Whitenton
This is a will contest. The decedent committed suicide after writing several notes in which he expressed his wish that the bulk of his estate pass to his wife of eighteen years, with specific bequests to his children. The decedent's children contested the validity of the disposition, arguing that the decedent lacked testamentary capacity to execute a will at the time that he wrote the notes. After a jury trial, the jury found that the decedent had testamentary capacity and that the handwritten notes constituted a valid holographic will. The children appeal, arguing that the burden of proving testamentary capacity should have been placed on the will's proponents, due to the decedent's depression and resulting suicide, and that the evidence did not support the jury's verdict. We affirm, finding that the trial court did not err in its instructions on the burden of proof and that there is material evidence to support the jury's verdict.

Bio-Medical vs. K.R. Chary
W1999-01727-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Joe C. Morris
This is a lawsuit to enforce covenants not to compete. The plaintiffs are private companies that own and operate dialysis medical clinics in West Tennessee. The plaintiffs brought an action against the defendant physicians to enforce covenants not to compete contained in agreements for the sale of the dialysis clinics and other related employment agreements. The trial court granted summary judgment to the physicians on the ground that the covenants are void because they are contrary to public policy. We affirm in part, reverse in part, and remand, finding the covenants enforceable to the extent that they do not prevent the defendant physicians from practicing medicine in their specialty.

Don Culbreath vs. First Tn Bank
W1998-00426-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Floyd Peete, Jr.

Marsha McDonald vs. Samuel Cowan
W1998-00730-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: John R. Mccarroll, Jr.

State Dept.of Children's Services vs. J.M.R.R.
E2000-02075-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Suzanne Bailey
The Trial Judge terminated the mother's parental rights to the children on several statutory grounds. The mother on appeal insists grounds were not established by clear and convincing evidence. We affirm.

Charles Shoffner vs. Billy Enterprises
W1999-01609-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: George H. Brown
This is a slip and fall case. The plaintiff was injured while bowling at the defendant's bowling alley. While he was bowling, his beeper fell from his belt onto the bowling lane. The plaintiff crossed the foul line to retrieve his beeper, and slipped on the oiled surface. He sued the bowling alley for his injuries, asserting that the bowling alley failed to adequately warn him of the danger of crossing the foul line. The trial court granted a directed verdict in favor of the defendant, finding that the bowling alley had no duty to warn the plaintiff, and that the plaintiff was more than 50% at fault for the accident. The plaintiff appeals. We affirm, finding that, under the undisputed facts, the plaintiff was more than 50% at fault for the accident.

LCI International vs. Margo Swartwood
W1999-02312-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Dick Jerman, Jr.

Joseph Stephenson vs. Keith West
W1998-00668-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Robert A. Lanier

Sam Posey vs. City of Memphis
W1999-02225-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Walter L. Evans

Olanda Carter vs. R.J. Reynonlds
W1999-02233-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: D'Army Bailey