COURT OF APPEALS OPINIONS

Metric Partners Growth Suite Investors vs. Nashville Lodging
01A01-9712-CH-00723
Trial Court Judge: Henry F. Todd

Court of Appeals

01A01-9712-CH-00743
01A01-9712-CH-00743
Trial Court Judge: Vernon Neal

Pickett Court of Appeals

Turner vs. Donal Campbell et al
01A01-9802-CH-00089
Trial Court Judge: Ellen Hobbs Lyle

Davidson Court of Appeals

Joel Summers vs. Lisa Summers
02A01-9709-CH-00230
Trial Court Judge: John Walton West

Carroll Court of Appeals

Baxter Neal Helson, v. Leticia Finley Cyrus
01-A01-9802-CH-00091
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Henry Denmark Bell

The issues in this appeal involve the lower court's order incorporating (1) a provision that a nine-year-old child did not have to visit with his father against this (the child's) wishes and (2) a provision that the mother was to arrange a private phone call between the child and his father once a week. We revers the order with respect to visitation. Otherwise we affirm.

Williamson Court of Appeals

Jamie Hamilton vs. Gary Cook
02A01-9712-CV-00324
Trial Court Judge: William B. Acree

Obion Court of Appeals

Randy Watkins vs. Vicki Watkins
02A01-9708-CH-00178
Trial Court Judge: Dewey C. Whitenton

Fayette Court of Appeals

Jimmy Hawkins vs. Dennis Ellis
02A01-9708-CH-00203
Trial Court Judge: Dewey C. Whitenton

McNairy Court of Appeals

Charles Garrison v. James Stamps
M2001-02900-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Robert P. Hamilton
Charles Garrison and James C. Stamps were involved in an automobile accident on October 10, 1998 wherein Garrison was seriously injured. Stamps was uninsured, and Garrison was beneficiary of uninsured motorists coverage under policies of insurance issued to his parents. With no suit ever filed against Stamps, Garrison and his parents reached an agreement with the uninsured motorists carriers whereby the carriers paid the limits of their uninsured motorists coverage. Charles Garrison being a minor, a Petition for court approval of the settlement was filed naming Stamps as the defendant, and an Order was entered approving the settlement. Garrison then filed suit against Stamps, which suit was met with a Summary Judgment Motion by Stamps claiming that he was released from liability by the settlement Order. Garrison filed a Tennessee Rule of Civil Procedure 60.02 Motion seeking to have the settlement Order revised to reflect the true facts of the settlement. This Motion was granted, and Stamps appeals. We hold that Stamps is without standing to assert any rights under the settlement Order and, on this basis, affirm the judgment.

Wilson Court of Appeals

Mathivathani Mohan vs. Rathnasabapathy Mohan - Concurring/Dissenting
01-A-01-9708-CV-00415
Authoring Judge: Judge Walter W. Bussart
Trial Court Judge: Judge Marietta M. Shipley

This is an appeal from the final divorce decree of Rathnasabapathy Mohan ("the Husband") and Mathivathani Mohan ("the Wife") which was entered by  the lower court in December of 1996. The contested divorce action initiated by the Wife involved issues of custody, visitation, child support, alimony,  classification and division of marital property, and apportionment of marital debt. This appeal by the Husband emanates from the fact the Husband was not present when the final hearing took place.

Davidson Court of Appeals

Mathivathani Mohan v. Rathnasabapathy Mohan - Dissenting
01A01-9708-CV-00415
Authoring Judge: Judge Ben H. Cantrell

I respectfully dissent from the majority opinion because I do not think the trial judge abused her discretion in denying the appellant’s motion for a new trial. The appellant’s motion does not set out what proof he would offer at a new trial and how that might change the result below. Therefore, I think the trial judge justifiably overruled the motion.

Court of Appeals

Max Norton and Long Outdoor Advertising, v. John McCaskill D/B/A City Sign Company
02A01-9712-CH-00325
Authoring Judge: Judge David V. Hayes
Trial Court Judge: Judge Joe C. Morris

This appeal involves a dispute over the duration of a lease. Defendant John A. McCaskill (McCaskill), doing business as City Sign Company (City Sign), appeals the Chancellor’s order granting partial summary judgment to plaintiffs Max Norton (Norton) and Long Outdoor Advertising (LOA).

Madison Court of Appeals

ATS, Inc., v. James Curtis Kent and George V. Kenney, and Bill R. McLaughlin, Trustees for Union Planters National Bank, v. Keith M. Canfield, v. Mid-South Title Insurance Corp.
02A01-9802-CH-00038
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor D. J. Alissandratos

This appeal involves the enforcement of a judgment lien where, subsequent to the attachment of the judgment lien, the encumbered real property was sold to a buyer who simultaneously granted a purchase money mortgage to a financial institution.

Shelby Court of Appeals

Karen Lynn Pilcher, and husband Keith A. Pilcher, v. A.L. Moneymaker, Jr., and wife, Roberta Moneymaker
03A01-9710-CV-00482
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge James B. Scott, Jr.

A. L. Moneymaker, Jr., and his wife Roberta Moneymaker appeal a judgment rendered by the Trial Court against them in the amount of $36,000 as a result of personal injuries sustained by Karen Lynn Pilcher and loss of consortium of her husband, Keith A. Pilcher. The suit arose as a result of a collision occurring on September 3, 1994, about 10:00 a.m., between a female dog named Spec, alleged to be owned by Mr. and Mrs. Moneymaker, and a bicycle being ridden by Mrs. Pilcher on Dutch Valley Road in Anderson County.

Anderson Court of Appeals

Damon Alan Kratochvil a Minor by James L. Coone and Sonja Coone v. Danny Alan Kratochvil
03A01-9712-CH-00536
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor R. Vann Owens

In this adoption case, Danny Alan Kratochvil (respondent) appeals the trial court's order terminating his parental rights regarding his son, Damon Alan Kratochvil. The biological mother's parental rights were terminated by default judgment, and she is not a party to this appeal. We affirm the judgment of the trial court.

Court of Appeals

Larry G. Relford, v. William DeRochie and Steve LaFon
03A01-9712-CV-00547
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Russell E. Simmons

Larry G. Relford, an employee of William DeRochie, sued Mr. DeRochie and Steve LaFon, seeking damages for injuries received by him when he fell from a scaffold while framing a personal residence being erected for Mr. LaFon under a contract with Mr. DeRochie, the general contractor. As best we understand the complaint, it is grounded upon two theories-- first, that Mr. LaFon failed to provide a safe place for Mr. Relford to work and, second, that Mr. LaFon was, as contemplated by T.C.A. 50-6-111, a statutory employer and subject to the provisions of the Tennessee Workers' Compensation Statute.

Loudon Court of Appeals

Jeremy P. Crye, a Minor by his next friend and Mother, Beverly A. Rogers, and Beverly A. Rogers, Individually v. Lloyd C. Norton and Mary B. Norton
03A01-9804-CV-00142
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge Harold Wimberly

The plaintiff, Jeremy P. Crye, seeks to impose liability on Mary B. Morton for the act of her son, Lloyd C. Norton, in shooting him. The trial judge granted her motion for summary judgment without enlargement. The plaintiff appeals, and presents for review the issue of whether the proof relevant to the motion established a genuine dispute of a material fact, thus requiring a merit trial.

Knox Court of Appeals

Johnson vs. Johnson
01A01-9708-CH-00410
Trial Court Judge: Tom E. Gray

Sumner Court of Appeals

Rozanne F. Wright (Folk-Schmidt) vs. Jan H. Schmidt
01A01-9708-CV-00413

Court of Appeals

George vs. Harlan
01A01-9712-CV-00692
Trial Court Judge: James L. Weatherford

Maury Court of Appeals

Brown vs. McMullin, et. al.
01A01-9710-CH-00561
Trial Court Judge: Henry F. Todd

Court of Appeals

Brayfield, et. al. vs. Kentucky National Ins. Co.
01A01-9701-CV-00007
Trial Court Judge: Thomas Goodall

Sumner Court of Appeals

Miles vs. Nelson
03A01-9711-CH-00500

Court of Appeals

Miles vs. Nelson
03A01-9711-CH-00500

Jefferson Court of Appeals

Miles vs. Nelson
03A01-9711-CH-00500

Jefferson Court of Appeals