COURT OF APPEALS OPINIONS

Victoria Robbins vs. Bill Wolfenbarger, D/B/A Wolf's Motors and Sam Horne
E1999-02012-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Dale Young
Plaintiff Robbins filed a complaint for damages against Wolfenbarger and Horne, alleging breach of contract, intentional misrepresentation and negligence, per se. On August 26, 1999, an Order of Compromise and Dismissal was entered as to Wolfenbarger individually and d/b/a Wolf Motors. Horne did not file an answer during the time allowed by the Rules of Civil Procedure, and Robbins filed a motion for default judgment on July 9, 1999. Horne wrote a letter to the plaintiff's attorney in response to the complaint and summons, postmarked July 16, 1999. The letter was forwarded to the Clerk of the Court for filing by plaintiff's counsel's letter dated July 30, 1999. On August 27, Robbins' Motion for Default Judgment was heard, but Horne who had notice did not attend. A default judgment was entered against Horne and the Trial Court subsequently overruled Horne's Motion to Set Aside the Default. Horne has appealed. We affirm the judgment of the Trial Court.

John Seals vs. James Bowlen, Warden, et al
M1999-00997-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Ellen Hobbs Lyle
Petitioner, a state inmate, filed the underlying pro se petition for a writ of certiorari to challenge the result of a disciplinary proceeding against him. The trial court dismissed the suit for failure to state a claim. We reverse the dismissal of all parties except the Department of Correction and affirm the dismissal for failure to state a claim.

Robert Odom v. Mary Odom
M1999-02811-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Allen W. Wallace
This appeal involves a bitter custody dispute over three children between the ages of nine and fourteen. During the divorce proceeding in the Chancery Court for Dickson County, the parties agreed that the mother would have custody of the children and also agreed on visitation arrangements that accommodated the mother's planned move to another state. Several months after the entry of the divorce decree, the father petitioned to change custody and to hold the mother in contempt for interfering with his relationship with the children. During the ensuing three years, the parties traded allegations of sexual and physical abuse of the children and other misconduct. Following a bench trial in December 1998, the trial court found that there had been a material change in the children's circumstances and granted the father custody of the children. On this appeal, the mother asserts that she was denied due process by the trial court's refusal to require the parties and their children to undergo a psychological examination and that the trial court unlawfully delegated its judicial authority to a psychologist who had been counseling the children. We have determined that the mother received an essentially fair hearing on this custody dispute and, therefore, affirm the trial court.

Nationsbank, N.A. vs. FormPak, Inc. & Ron Campbell
03A01-9808-CH-00279

Nationsbank, N.A. vs. FormPak, Inc. & Ron Campbell
03A01-9808-CH-00279

William Terry Wyatt vs. Billie Carey
03A01-9809-CV-00307

Saul T. Mallen (Sports-Wear Mills, Inc.) vs. PI, Inc.
03A01-9811-CH-00364

Begley Lumber Company, Inc. vs. Wendell Trammell
03A01-9902-CH-00047

Gregory B. Hinton vs. City of Chattanooga
03A01-9901-CV-00013

Doris Sanders v. Samuel Sanders, Jr.
M1998-00978-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Marietta M. Shipley
This appeal involves a former spouse's right to post-judgment interest on an award of alimony in solido. After her former husband failed to pay the alimony in solido required by the final divorce decree, the former wife filed a petition in the Circuit Court for Davidson County seeking $9,847.68 in post-judgment interest. The trial court recognized that the post-judgment interest had accrued but decided not to award the interest to the former wife unless her former husband failed to make his future periodic alimony payments in a timely manner. When her former husband began to pay his alimony payments late, the former wife renewed her request for the post-judgment interest. The trial court found that the former husband had been delinquent in his alimony payments but again declined to order the former husband to pay the post-judgment interest if he prepaid the remaining balance of his periodic alimony. The former wife has appealed from the trial court's repeated refusal to award her the post-judgment interest on her alimony in solido award. We have determined that the former wife was entitled to post-judgment interest as a matter of law and, therefore, that the trial court erred by failing to award her $9,847.68 for post-judgment interest.

Boardwalk Regency Corp. v. Roy Patterson and Trump Taj Mahal Assoc. v. Roy Patterson
M1999-02805-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Vernon Neal
This appeal involves the efforts of two Atlantic City casinos to collect the gambling debts of a Tennessee resident. After obtaining default judgments against the Tennessee resident in New Jersey, the casinos twice attempted to file their judgments in the Chancery Court for Putnam County in accordance with the Uniform Enforcement of Foreign Judgments Act. On both occasions, the trial court declined to file the judgments after finding that they were irregular and that they were not properly authenticated. On the second occasion, the trial court also concluded that its refusal to file the first set of judgments precluded the casinos from filing the second set of judgments. The casinos have appealed. We have determined that the second set of judgments meet the requirements for filing and enforcement under the Uniform Enforcement of Foreign Judgments Act and that the casinos' unsuccessful efforts to file the first set of judgments does not prevent them from filing the second set of judgments. Accordingly, we reverse the trial court's order denying the application to enforce the foreign judgments.

Tonya Davis vs. University Phy.
02A01-9812-CV-00346
Trial Court Judge: Robert A. Lanier

Ronnie Bradfield vs. City of Memphis
02A01-9808-CV-00220
Trial Court Judge: Karen R. Williams

Tammy Kemp vs. Thomas Michael Hale
03A01-9809-PB-00284

Martha L. Carter, et al vs. Billy L. King
03A01-9810-CV-00327

Munford Bank vs. American Cas.
02A01-9810-CV-00297
Trial Court Judge: Joseph H. Walker, III

In the Matter of All Assessments
01A01-9812-BC-00642

In the Matter of Wayne H.
01A01-9807-CV-00383

In the Matter of Wayne H.
01A01-9807-CV-00383
Trial Court Judge: Timothy L. Easter

Greeter Construction Co. vs. Tice
01A01-9808-CH-00427
Trial Court Judge: Claudia C. Bonnyman

Yona Boyd, et al. v. Donald Bruce, M.D., et al.
M2000-03210-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Carol L. Mccoy
This is an appeal of the trial court's order denying plaintiff's relief pursuant to Tenn.R.Civ.P. 60.01. We affirm the trial court.

Linda Mires vs. David Clay
02A01-9707-CV-00172
Trial Court Judge: Bill Acree

In the Matter of Asbert Joseph
M1999-02795-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Robert L. Jones
This appeal involves a state prisoner's efforts to change his name in accordance with the tenets of the Nation of Islam. The prisoner filed his petition in the Chancery Court for Wayne County. The trial court summarily dismissed the petition even though it was uncontested, and the prisoner has appealed to this court. We affirm the dismissal of the petition solely because the prisoner neither alleged nor proved that he was a resident of Wayne County when he filed the petition.

Stockman vs. Stockman
01A01-9801-CH-00026
Trial Court Judge: Patricia J. Cottrell

Hickory Woods Estates Homeowners Assn. vs. Parman
01A01-9901-CH-00034
Trial Court Judge: Irvin H. Kilcrease, Jr.