COURT OF APPEALS OPINIONS

Miceli vs. Thompson
01A01-9807-CH-00400
Trial Court Judge: Tom E. Gray

Sumner Court of Appeals

Crabtree vs. Dodd
01A01-9807-CH-00370
Trial Court Judge: John W. Rollins

Putnam Court of Appeals

Rocky Michael Bruce and Cheryl Bruce v. Angela Jacobs
X2010-0000-XX-X00-XX
Authoring Judge: Judge Patricia Cottrell
Trial Court Judge: Judge Barry Medley

This dispute over the custody of a minor child arose after the paternal grandparents filed an intervening petition for child custody. They were granted temporary custody of the child pending a hearing on the matter. After two hearings, the trial court ordered that custody remain with the paternal grandparents pending the results of home studies of each party seeking custody, i.e., the mother and the paternal grandparents. The trial court held additional hearings after receiving the results of the home studies and awarded custody to the paternal grandparents. We affirm the trial court.

Warren Court of Appeals

Judy Seals vs. Tri-State
02A01-9806-CH-00172
Trial Court Judge: C. Neal Small

Shelby Court of Appeals

Memphis Pub. vs. Cable Conn.
02A01-9803-CV-00082
Trial Court Judge: Kay S. Robilio

Shelby Court of Appeals

Ronnie Bradfield, v. Steve Dotson, et al.
02A01-9902-CV-00060
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge R. Lee Moore, Jr.

This is the third occasion which this Court has had to address the merits of this case. By prior opinions and judgments entered on September 6, 1996, and February 17, 1998, respectively, the Court addressed previous issues on appeal. In the interests of judicial efficiency, the Court adopts and incorporates herein the following recitation of facts contained in our opinion entered in this cause on February 17, 1998: In this case, an inmate at a state correctional institution filed
a defamation [lawsuit] in circuit court against two state employees. The trial court granted summary judgment in favor of the defendants, holding that the Tennessee Claims Commission had exclusive jurisdiction over the matter. The trial court also denied the plaintiff's requests for default judgment. . . .

 

Court of Appeals

Starks vs. Durham
01A01-9808-CV-00453

Court of Appeals

Jennings vs. Case
01A01-9804-CV-00192

Court of Appeals

Preston vs. Preston
01A01-9806-CH-00289
Trial Court Judge: Tom E. Gray

Sumner Court of Appeals

Hauskins vs. Tri-County Electric Membership
01A01-9806-CV-00284
Trial Court Judge: Thomas Goodall

Sumner Court of Appeals

Jennings vs. Case
01A01-9804-CV-00192
Trial Court Judge: Tom E. Gray

Sumner Court of Appeals

McGee vs. Maynard
01A01-9810-CV-00539
Trial Court Judge: Thomas W. Brothers

Davidson Court of Appeals

Denson vs. Benjamin
01A01-9810-CV-00571
Trial Court Judge: Walter C. Kurtz

Davidson Court of Appeals

Gayle Penley vs. Honda Motor
02A01-9805-CV-00131
Trial Court Judge: Whit A. Lafon

Chester Court of Appeals

White's Electric vs. Lewis Constr.
02A01-9803-CH-00064
Trial Court Judge: Joe C. Morris

Madison Court of Appeals

Sylvia Miller vs. City of Lafollette
03A01-9809-CV-00290

Campbell Court of Appeals

Mid-South Builders vs. Delores Williams
02A01-9805-CH-00126
Trial Court Judge: C. Neal Small

Shelby Court of Appeals

Melvin Glover vs. Todd Kaplan
02A01-9808-CV-00228
Trial Court Judge: Karen R. Williams

Shelby Court of Appeals

David Aaron Goodman v. Halle Lynn Hirsh Goodman
02A01-9809-CV-00255
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Kay S. Robilio

David Aaron Goodman (“Husband” or “Appellant”) appeals the judgment of the trial court which awarded a divorce to Halle Lynn Goodman (“Wife” or “Appellee”), found Wife to be incapable of being rehabilitated and ordered Husband to pay the sum of $2,200.00 per month to Wife as alimony in futuro, and the sum of $16,961.25 as alimony in solido for Wife’s attorney fees, and further ordered Husband to pay credit card debt in the amount of $22,000.00 incurred by Wife after separation.

Shelby Court of Appeals

Stella L. Starks v. Samuel J. Browning, Joseph F. Browning, et al. - Concurring
01A01-9801-CV-00038
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge John H. Gasaway, III

This appeal involves a law firm’s efforts to enforce a statutory attorney’s lien on the proceeds of a post-verdict personal injury settlement. After the law firm withdrew from representing the plaintiff because of a dispute arising from the settlement, the Circuit Court for Robertson County, the court where the underlying personal injury action had been tried, granted the law firm’s motion for a lien on the settlement proceeds for its fee and costs advanced on the plaintiff’s behalf. Thereafter, the trial court granted the law firm’s motion to execute on the lien and directed the plaintiff to pay her former law firm $51,091.99. On this appeal, the plaintiff asserts that the trial court erred by directing her to pay her former law firm because the lien was not properly perfected and because the procedure followed by the trial court did not permit her to assert her available claims and defenses against her former law firm. While we have determined that the law firm properly perfected its lien, we find that the trial court did not have the authority to adjudicate the fee dispute between the law firm and its former client. Accordingly, we reverse the portion of the trial court’s order granting the motion for execution of the attorney’s lien.

Robertson Court of Appeals

Barry Shawn Ralston, v. Gina Ione HollowwayRalston
01A01-9804-CV-00222
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Muriel Robinson

This appeal arose after the trial court rejected Appellant Barry Shawn Ralston's ("the father") petition to reduce child support on the basis of his reduced actual income. In his sole issue on appeal, the father argues that the trial court misapplied Tenn. Code Ann. § 36-5-101 (a) (1), which he claims mandated the modification of child support on a showing of a significant variance between the amount of child support required by application of the Child Support Guidelines to his current actual income and the previously-ordered support obligation. Appellee Gina Ione Holloway Ralston ("the mother") responds that the father remains intentionally underemployed and that the trial court properly considered the father’s potential income in denying the requested reduction. For the reasons set out herein, we vacate and remand for further proceedings.

Davidson Court of Appeals

Barbara Cornett, v. Deere & Company, General Equipment and Vernon Keith
01A01-9808-CV-00405
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge John Turnbull

This personal injury case arose when Plaintiff Barbara Cornett sustained injuries while operating a lawn mower manufactured by Defendant Deere & Company and sold by General Equipment and its owner Vernon Keith. Ms. Cornett sued, alleging negligence, breach of warranty, and strict liability. She also sought punitive damages. The first trial concluded with a directed verdict for the defendants at the conclusion of the evidence. The trial court, however, granted Ms. Cornett a new trial.1 In the second trial, the court granted directed verdicts to Vernon Keith on all issues, to both General Equipment and Deere & Company on the issues of negligence and punitive damages and to General Equipment on the strict liability claim. The jury returned a defense verdict on the remaining breach of warranty and strict liability claims. Ms. Cornett appeals, alleging ten errors. We affirm.

Warren Court of Appeals

Shawn Michelle (Stewart) Dill v. Jeffrey Allen Dill
02A01-9810-GS-00272
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Max Seaton

This is a child support case. Respondent/Appellant, Jeffrey Allen Dill (Father), appeals the trial court’s order modifying the amount of child support to be paid to Petitioner/Appellee, Shawn Michelle (Stewart) Dill (Mother).

Hardin Court of Appeals

Herman Vanderheyden, d/b/a Vanderheyden Construction Co. v. Ajay Inc. and Federal Savings Bank - Concurring
02A01-9803-CH-00070
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Floyd Peete, Jr.

This is a construction case. The defendant owner hired the plaintiff contractor to build a movie theater. The contract contained an arbitration clause. The owner terminated the contractor before the construction was completed. The contractor filed suit against the owner regarding an amount of money required to be held in escrow pursuant to Tennessee Code Annotated § 66-11-144, which permits the contractor to seek “any remedy in a court of proper jurisdiction . . . .” The trial court stayed the proceedings and ordered the parties to arbitration. We reverse and remand.

Shelby Court of Appeals

Alexander & Associates, Inc. v. Debra Bond-Owens - Concurring
01A01-9812-CV-00618
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Judge Thomas W. Brothers

This is a suit initiated in the General Sessions Court for Davidson County by Alexander & Associates, Inc., an insurance agency, seeking to recover from Debra Bond-Owens, its former employee, reimbursement for payments made to her which it contends were “unearned advanced salary in the amount of $5701.37, plus interest.”
 

Davidson Court of Appeals