COURT OF APPEALS OPINIONS

07-93-017-CC
07-93-017-CC

Court of Appeals

Godfrey vs. Godfrey
03A01-9708-CH-00319
Trial Court Judge: Frederick D. Mcdonald

Knox Court of Appeals

G.E. Capital vs. Belinda Young
W1998-00729-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: John R. Mccarroll, Jr.

Shelby Court of Appeals

Judith Ann Warren Taylor, v. Michael Raymond Taylor
02A01-9706-CV-00112
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Janice M. Holder

Judith Ann Taylor (“Wife”) filed a complaint for divorce against Michael Raymond Taylor (“Husband”) and also sought an injunction prohibiting Husband from dissipating marital assets. Husband filed an answer and counter-complaint for divorce. The trial court granted Wife the divorce on the grounds of inappropriate marital conduct and awarded her rehabilitative alimony, partial attorney fees, and 60% of the marital assets. Husband appeals and raises the following issues:whether the trial court erred (1) in awarding Wife rehabilitative alimony of $1,300 per month for 60 months; (2) in ordering Husband to pay $20,000 as alimony in solido for Wife’s attorney fees; (3) in ordering Husband to pay a portion of Wife’s health insurance coverage; (4) in requiring Husband to maintain a life insurance policy which exceeds the total amount of child support owed; and (5) in dividing the marital property of the parties. Wife submits the additional issue of whether she is due attorney fees on appeal. For the reasons stated below, we find no error and affirm the trial court’s judgment in all respects.

Shelby Court of Appeals

Norman Mayes, et ux., v. Claude Yow, et ux., and William Scarboro, et ux.
03A01-9706-CV-00203
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Harold Wimberly

This appeal results from a suit brought by Normal Mayes and his wife, Ruth Mayes, against Claude Yow and his wife, Frances Yow, Willard Scarbro and his wife, Cleo Scarbro, who was added as a party Defendant subsequent to the filing of the original complaint, and Partners & Associates, Inc.

Knox Court of Appeals

William Michael Anderton vs. Evelyn Adele Morgan Anderton - Concurring
01A01-9701-CH-00013
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Henry Denmark Bell

This is the second appeal concerning a husband’s support obligations following the dissolution of a 23-year marriage. The Chancery Court for Williamson County originally directed the husband to pay $1,731 per month in child support and $5,500 per month in spousal support for five years and then $5,000 per month thereafter. On the first appeal, this court remanded the case to the trial court to revisit the child support and spousal support awards. Even though the trial court concluded that the husband’s income had decreased significantly, it increased the husband’s child support to $2,000 per month and left its original spousal support order unchanged. It also awarded the wife judgments for a sizeable spousal support arrearage and a nominal child support arrearage. On this appeal, the husband again takes issue with the amount of his spousal support and child support obligations and also insists that he is entitled to retroactive relief on his spousal support arrearage and to the lifting of the injunction with regard to his 401k plan. We vacate the child support and spousal support awards and remand them to the trial court for further consideration consistent with this opinion.

Williamson Court of Appeals

Holland D. Lane and wife, Cynthia Lane; Bobby Jo Knight and Kay Grimes, v. Willie Lee Barr and wife Dorothy Sue Barr, et al.
01A01-9708-CH-00449
Authoring Judge: Judge Alan E Highers
Trial Court Judge: Chancellor Allen W. Wallace

Plaintiffs/Appellants, Holland D. Lane, Cynthia Lane, Bobby Joe Knight, and Kay 2 Grimes, appeal the judgment of the trial court dismissing their complaint, finding that appellants lacked standing to bring an action under Tenn. Code Ann. § 13-7-208(a)(2) and that the use of their land by defendants/appellees, Willie and Dorothy Barr, as a tire landfill was a prior non-conforming use. For reasons stated hereinafter, we affirm the decision of the trial court.

Cheatham Court of Appeals

Villages of Brentwood Homeowners' Association, Inc., v. Steven J. Westermann and wife Maria A. Westermann
01A01-9708-CH-00388
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Ellen Hobbs Lyle

This appeal involves the enforcement of the restrictive covenants in a Nashville subdivision. After two residents began to construct improvements on their property without first obtaining approval of the subdivision’s architectural committee, the homeowners association filed suit in the Chancery Court for Davidson County seeking injunctive relief to enforce the architectural control provisions in the subdivision’s restrictive covenants. The trial court heard the case without a jury and issued an injunction directing the residents to cease the construction and to restore their property to a condition consistent with the subdivision covenants. The residents have appealed. Since neither party has filed a verbatim transcript of the proceedings or a statement of the evidence, we have reviewed the papers filed in the trial court and have determined that they contain no basis for reversing the trial court. Accordingly, the trial court’s judgment is affirmed.

Davidson Court of Appeals

Michael A. Thompson v. Tennessee Board of Paroles, et al.
01A01-9710-CH-00572
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

Michael A. Thompson, a prisoner in the custody of Tennessee Department of Correction has appealed from a summary judgment dismissing his petition for certiorari for judicial review of a decision of the Tennessee Board of Paroles denying parole.

Davidson Court of Appeals

Sylvia Hudson v. Dave Shorter, Jr.
02A01-9709-CV-00232
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge James E. Swearengen

This is an automobile personal injury case. The defendant, David Shorter, Jr., appeals
from the judgment of the trial court in a bench trial awarding plaintiff, Sylvia Hudson, $9,000.00
damages. Shorter’s responsibility for the accident was stipulated, and the trial concerned only
the issue of damages.

Shelby Court of Appeals

Greg Swafford,M.D., v. Memphis Individual Practive Association, Southern Health Plan, Inc., The Apple Plan, et al.
02A01-9612-CV-00311
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Robert L. Childers

This is a libel suit brought by a physician against a health maintenance organization and related health insurance entities. The trial court granted summary judgment in favor of the defendants based on the statute of limitations. The lawsuit involves allegedly false information reported to the National Practitioner Data Bank. In an issue of first impression, we hold that each dissemination of the allegedly defamatory information by the Data Bank gives rise to a separate cause of action. The grant of summary judgment is affirmed in part and reversed in part, and the cause is remanded.

Shelby Court of Appeals

Barbara J. Hand, Administratrix of Estate of Charles D. Hand, Deceased, v. Norfolk Southern Railway Company
03A01-9704-CV-00123
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Robert M. Summitt

This is a suit brought under the Federal Employers Liability Act. It was brought by Plaintiff Barbara J. Hand, Administratrix of the estate of her deceased husband, Charles D. Hand, against his employer, Defendant Norfolk Southern Railway Company. The jury rendered a verdict in favor of the Plaintiff and assessed damages in the amount of $3,250,000. The Defendant appeals, raising nine separate issues. Although many do not merit a protracted discussion, others raise substantial questions.

 

Knox Court of Appeals

Raymond Mitchell v. Camelot Utility District for Hawkins County, Tennessee
03A01-9709-CH-00394
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Thomas R. Frierson

Plaintiff  Raymond Mitchell sues Defendant Camelot Utility District of Hawkins County, Tennessee. He alleges that Camelot, in acquiring a quit claim deed from him conveying two tracts of land, one that contains an artesian well and the other equipment in connection with distribution of water to the adjacent area.  He contends that as a consideration for the quit claim deed, John Valetta, President of Camelot, represented to him that Camelot would provide water taps for two of his lots free of charge and, upon acquisition of an alternate water source, would re-convey the quit claimed lots to him.

 

Hawkins Court of Appeals

Curtis R. Thrapp vs. Mary Elizabeth Thrapp
E2006-00088-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Dale Young
The parties were divorced in Oregon where the Court ordered the custodial arrangement for the only child of the marriage. The Mother then moved to Colorado, where she filed suit in Colorado in the custody dispute. She then moved to Tennessee, where the Father sued her over the ongoing dispute. The Colorado Court ultimately declined jurisdiction and the Tennessee Court ordered a change of the custody. The mother has appealed. We affirm the change of custody.

Blount Court of Appeals

Dept. of Children's Svcs. vs. Stanfill
01A01-9710-JV-00616
Trial Court Judge: Andrew J. Shookhoff

Davidson Court of Appeals

Ramsey vs. Burkhalter & Ryan
01A01-9707-CH-00318
Trial Court Judge: Ellen Hobbs Lyle

Davidson Court of Appeals

Hawkins & Gossett vs. Hart, et. al.
01A01-9707-CV-00294
Trial Court Judge: Barbara N. Haynes

Davidson Court of Appeals

Coastcom, Inc. vs. Cruzen, et.ux.
01A01-9707-CH-00349
Trial Court Judge: H. Denmark Bell

Williamson Court of Appeals

TN. Real Estate Comm. vs. Hamilton
01A01-9707-CH-00320
Trial Court Judge: Ellen Hobbs Lyle

Davidson Court of Appeals

Charles Montague, v. Tennessee Department of Corrections, and Warden Howard Carlton
01A01-9711-CH-00667
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Ellen Hobbs Lyle

The plaintiff, a prisoner in the custody of the Tennessee Department of Correction, brought this action against the Department and its Commissioner seeking a declaratory judgment that he is entitled to a refund of $64.00 charged against his custodial account for a key lost by the prisoner.

Davidson Court of Appeals

Montague vs. Dept. of Corrections
01A01-9711-CH-00667
Trial Court Judge: Ellen Hobbs Lyle

Davidson Court of Appeals

J.B. Hinson, et. ux. vs. Beechview Corp.
01A01-9709-CH-00498
Trial Court Judge: Robert L. Jones

Wayne Court of Appeals

National Healthcare L.P. vs. Sparta Medical Investors
01A01-9712-CH-00718
Trial Court Judge: Irvin H. Kilcrease, Jr.

Davidson Court of Appeals

National Healthcare L.P. vs. Sparta Medical Investors
01A01-9712-CH-00718

Court of Appeals

Ogilvie vs. Metro Gov't. vs. Nashille Electric Svc.
01A01-9709-CV-00466
Trial Court Judge: Thomas W. Brothers

Davidson Court of Appeals