COURT OF APPEALS OPINIONS

Shannon Rhea Roberts v. Creig McLaughlin - Concurring
01A01-9812-JV-00631
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Betty Adams Green

This case originated as a paternity action. Shannon Rea Roberts (“Ms.  Roberts”) sought to establish that Creig McLaughlin (“McLaughlin”) was the father of her child, Dylan Daniels Roberts (“Dylan”) (DOB: February 14, 1997). The part of the case now before us concerns the petition to  intervene filed in that proceeding by Janice Roberts (“Grandmother”), who is the mother of Shannon Rea Roberts and the grandmother of Dylan. In her petition, Grandmother seeks court-ordered “reasonable visitation  rights” with Dylan. McLaughlin moved to dismiss Grandmother’s petition, relying on Rule 12.02(6), Tenn.R.Civ.P., and asserting that the petition  “fail[s] to state a claim upon which relief can be granted.”¹ Id. The trial court granted McLaughlin’s motion, finding² that T.C.A. § 36-6-306 (Supp. 1998) does not authorize an award of grandparents’ visitation under the undisputed material facts of this case. Grandmother appeals, arguing that the trial court erred in dismissing her petition.  We affirm.

Charles ClayYoung v. Louise Johnson, Toy Young, and Hubert Barr
01A01-9902-CV-00105
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Judge John A. Turnbull

Plaintiff filed a pro se complaint ["Torts Suit"] for damages suffered as a result of Defendants' removal of a dwelling he constructed on Young-Graham family cemetery property, and for back wages as a maintenance worker at the cemetery and punitive damages. The Trial Court, after consideration of the pleadings and Affidavits filed by the parties, entered an Order granting the Defendants summary judgment, which judgment the Plaintiff appeals. The appeal was submitted on briefs and addressed only the Defendants' removal of the dwelling the Plaintiff constructed on cemetery property. For the reasons herein stated, we affirm the Trial Court's dismissal of the Plaintiff's complaint.
 

State of Tennessee, Department of Children's Services, v. James Bostick Osborne, In the matter of Sherry Monet Hendren
01A01-9810-JV-00564
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Betty Adams Green

This case involves a petition for termination of parental rights. The Respondent/Appellant, James Bostick Osborne, appeals from an order of the Juvenile Court of Davidson County terminating his parental rights as the biological father of Sherry Money Hendren. We affirm the judgment of the Trial Court.

Betty Nesmith and Cecil Nesmith, v. John Alsup, II, and Teresa Alsup
01A01-9809-CH-00509
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Robert E. Corlew, III

The plaintiff petitioned the court for a declaration that she was entitled to a one-half interest in a farm that had been part of her father’s estate. Her brother responded by claiming to be the sole owner under the provisions of their father’s will, or in the alternative, under a theory of adverse possession. The trial court found that the effect of the will was to divide the property equally between the siblings, and that the brother failed to prove ownership by adverse possession. We affirm the trial court.

Mobile Living, Inc., v. J. Michael Tomlin and Aubrey Earl Gregeory, et al.
01A01-9809-CH-00466
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This case is before the court on interlocutory appeal from the Chancery Court of Davidson County under Tennessee Rules of Appellate Procedure Rule 9. The trial court order granting the interlocutory appeal presents a single issue: "1. Whether the defendant Gregory's affirmative defenses of waiver, laches and estoppel, abandonment, and breach of duty of good faith and fair dealing are matters of law to be decided by the court and not material facts in dispute, which would be decided by the jury in the case."

TN Downs vs. William Gibbons
02A01-9812-CH-00379
Trial Court Judge: Floyd Peete, Jr.

Jennifer Kensinger vs.s James Kensinger
02A01-9811-CV-00322
Trial Court Judge: James F. Russell

Valerie Humphries vs. Plant Maint.
02A01-9811-CV-00323
Trial Court Judge: George H. Brown

Brennco Inc. vs. Chattanooga Better Housing Comm.
E2000-01508-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Frank Brown, III
Plaintiff's action for an order restraining defendant from demolishing plaintiff's buildings was ultimately dismissed, after plaintiff failed to meet conditions set by the Court to keep the restraint in place. On appeal, we affirm.

Memphis Housing vs. Tara Thompson
02A01-9812-CV-00356
Trial Court Judge: Robert A. Lanier

State/Carolyn Collier vs. Ephram Collier
02A01-9901-JV-00027
Trial Court Judge: J. Roland Reid

Nichols vs. Nichols
03A01-9810-CV-00352

03A01-9811-CH-000380
03A01-9811-CH-000380

Paula Marie Brown, v. James A. Brown - Concurring
03A01-9812-CV-00417
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge L. Marie Williams

I concur i themajority opinion. I agree that the majority's approach to determining gross income for current child support is correct in this case. I write separately to express my view that the two-year-average approach utilized by the majority in this case may not be appropriate in all cases.

Byrd vs. Gibson
03A01-9901-CV-00022

Thompson vs. Telco
01A01-9801-CH-00045
Trial Court Judge: Henry Denmark Bell

Hosale vs. Warren
01A01-9810-CV-00523
Trial Court Judge: Hamilton V. Gayden, Jr.

In Re: Annie Christina Harris
01A01-9901-CV-00017
Trial Court Judge: Royce Taylor

Eatherly vs. Eatherly
01A01-9806-CV-00314
Trial Court Judge: Bobby H. Capers

Smith vs. Smith
01A01-9809-CH-00515
Trial Court Judge: Henry Denmark Bell

03A01-9809-CV-00312
03A01-9809-CV-00312

Behm vs. Behm
03A01-9810-CH-00339

Phung vs. Case
03A01-9811-CV-00388

Phung vs. Case
03A01-9811-CV-00388

Bok vs. State
03A01-9812-BC-00426