COURT OF APPEALS OPINIONS

Marvin E. Alexander, D/B/A Alexander Auctions & Real Estate Sales, v. John Hopkins and Rhonda Hopkins, Individually and D/B/A Richland Creek Sod Farm
01A01-9710-CH-00590
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Jim T. Hamilton

A licensed auctioneer and real estate broker filed suit against the defendant landowners for breach of an auction contract, because the defendants sold their land prior to the scheduled auction without his participation. The trial court held that the auctioneer was entitled to the anticipated commission amount. We affirm the trial court’s holding that the property owners are liable, but we modify the amount of damages.

Tracy Renee Miglin v. Daniel Walter Miglin - Concurring
01-A-01-9707-CH-00362
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Jim T. Hamilton

The husband in this divorce case challenged almost every aspect of the trial court’s orders, including child custody, alimony, the division of marital property and the terms of an injunction imposed to prevent him from interfering with the wife’s authority over the children. We modify the injunction because we believe that its provisions are overbroad. In all other respects, we affirm the trial court.

Linda Janiece Wright-Miller v. Harvey Granville Miller - Concurring/Dissenting
02A01-9708-CV-00196
Authoring Judge: Judge Farmer
Trial Court Judge: Chancellor Joe C. Morris

This is a divorce case. The parties, Granville Harvey Miller1 (Husband) and Linda Janiece Wright-Miller (Wife), were married for approximately 5 years before a final decree of divorce was entered in August 1997.2 During the marriage, the parties resided at a home located at 2166 Aztec Drive. On appeal, Husband challenges the correctness of the trial court’s classification of this property as marital as well as its determination that the asset is unencumbered. Husband contends that the true owner of the property is Heartland Investments, Inc. (Heartland), a corporation that he founded prior to the parties’ marriage and of which he is president and sole shareholder or, alternatively, that the parties own the property encumbered by a mortgage executed in favor of the corporation. Wife has also raised an issue with respect to the trial court’s finding that there was no increase in value of Heartland stock during the marriage. After review of the record, we affirm in part and reverse in part. We set forth our reasons below.

Linda Janiece Wright-Miller v. Harvey Granville Miller - Concurring/Dissenting
02A01-9708-CV-00196
Authoring Judge: Presiding Judge W. Frank Crawford

I concur in the majority opinion insofar as it affirms the judgment of the trial court. However, I must respectfully dissent from the majority opinion, which reverses the trial court’s decision concerning the division of the increase in value of the Heartland stock.

Jason Rains, Crystal L. Carney, and Kathy Carney v. Edwin Scott Sussdorff,III, a/k/a/ Ed Sussdorff, Vicky R. Sussdorff, E. Scott Sussdorff and Allstate Insurance Company - Concurring
03A01-9801-CV-00025
Authoring Judge: Judge William H. Inman
Trial Court Judge: Judge W. Neil Thomas, III

While riding as passengers in an automobile owned by defendant and driven by a close friend of defendant’s son, the intervening plaintiff was seriously injured in a one-car accident when the driver apparently fell asleep at the wheel. The passenger intervened in the driver’s petition and alleged that the vehicle had been driven with the express or implied permission of its owner and sought a declaratory judgment that his insurer was therefore liable for her injuries. The trial court found the driver did not have such permission and dismissed intervenor’s petition, and she appeals.

Heather Alicia Roach Thomson v. Patrick James Thomson - Concurring
03A01-9705-CH-00165
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Billy Joe White

This is an appeal from a post-divorce proceeding wherein the appellant sought a change in custody of the parties minor child on the grounds that there had been a material change of circumstances justifying such a change. The trial court dismissed the complaint and this appeal resulted. We affirm the judgment of the trial court.

Edward Traughber, et al. vs. Kelly A. Kress, et al.
01A01-9709-CV-00525
Trial Court Judge: James E. Walton

Donald Davis vs. Sumner County Sheriff, J. D. Vandercook, et al.
01A01-9712-CV-00696
Trial Court Judge: Thomas Goodall

Concrete Spaces, Inc., et al. vs. Henry Sender, et al.
01A01-9607-CH-00288
Trial Court Judge: Whitney Stegall

Ashe vs. Radiation Oncology Associates
01A01-9710-CV-00563
Trial Court Judge: Hamilton V. Gayden, Jr.

Ashe vs. Radiation Oncology Associates
01A01-9710-CV-00563
Trial Court Judge: Henry F. Todd

Donald Zseltvay vs. Metropolitan Government
01A01-9710-CV-00587
Trial Court Judge: Hamilton V. Gayden, Jr.

Hartsville Hospital, Inc. vs. The National Bank & Trust Co.
01A01-9801-CH-00022
Trial Court Judge: C. K. Smith

Angela Hogan vs. Rex Reese and Sonya M. Reese
01A01-9801-CV-00023
Trial Court Judge: Thomas Goodall

Renaissance vs. Billbury
03A01-9710-CH-00462

Allstate vs. Daniel
03A01-9710-CV-00466
Trial Court Judge: Harold Wimberly

Pigeon vs. Maples
03A01-9802-CV-00048

03A01-9708-CV-0365
03A01-9708-CV-0365
Trial Court Judge: Wheeler A. Rosenbalm

The CIT Group/Sales Financing vs. Leslie Williams
02A01-9706-CH-00120
Trial Court Judge: Joe C. Morris

Phillips vs. Watkins
03A01-9709-CV-00428

03A01-9710-CH-000474
03A01-9710-CH-000474

United vs. Loudon
03A01-9710-CH-00477

Jasper vs. Bryant
03A01-9711-CV-00521

Bland vs. Cowan
03A01-9801-CV-00024

Mayfield vs. Mayfield
03A01-9803-CV-00112