COURT OF APPEALS OPINIONS

Donoho vs. Donoho, Jr.
01A01-9802-CV-00070
Trial Court Judge: Bobby H. Capers

Allen vs. Wiseman
01A01-9710-CV-00565
Trial Court Judge: Bobby H. Capers

Willis, et. al. vs. Franklin Co. Bd. of Education
01A01-9606-CH-00266
Trial Court Judge: John W. Rollins

Trail vs. Transportation Management Svcs., et. al.
01A01-9607-CH-00314
Trial Court Judge: Robert E. Corlew, III

Mark S. Tidman and Evelyn J. Tidman v. The Salvation Army, Bertha Worthy, Kenneth E. Brewer, Fred Ruth - Concuring
01-A-01-9708-CV-00380
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Judge Walter C. Kurtz

Two former Salvation Army officers, a husband and wife who had been demoted and discharged, sued their superior officers and The Salvation Army itself for invasion of privacy, intentional infliction of emotional distress, negligent infliction of emotional distress, and outrageous conduct. The Circuit Court of Davidson County dismissed the complaint for failure to state a claim upon which relief can be granted. We affirm, and hold, in addition, that the defendants’ actions were protected by the First Amendment to the United States Constitution.

Southern Corp. vs. Mark Hiller, et al
02A01-9709-CH-00234
Trial Court Judge: D. J. Alissandratos

Crabtree vs. Crabtree
01A01-9710-CV-00576
Trial Court Judge: Muriel Robinson

Robertson vs. TN. Walking Horse & Breeders Assoc.
01A01-9610-CV-00456
Trial Court Judge: Lee Russell

Ford Consumer Finance Co. vs. Clay
01A01-9610-CH-00481
Trial Court Judge: Irvin H. Kilcrease, Jr.

Bess & Cummins vs. Associated Brokers
01A01-9707-CH-00319
Trial Court Judge: Carol L. Mccoy

Elizabeth Davis Black, v. Michael Walter Black
01A01-9801-CV-00056
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge J. Curtis Smith

This appeal involves post-divorce petitions for change of custody and child support. The mother, Elizabeth Davis Black (Tepas), has appealed from the judgment of the Trial Court transferring custody of the eleven year old daughter, Chelsea, from the mother to the father, Michael Walter Black, and relieving him of the obligation of child support while the child was in the custody of the father by agreement of the parties.

Greene vs. TN. Dept of Correction
01A01-9608-CH-00370
Trial Court Judge: Irvin H. Kilcrease, Jr.

Thomasson vs. Thomasson
01A01-9706-CV-00273
Trial Court Judge: Gerald L. Ewell, Sr.

Reinhart vs. Parks
01A01-9708-CH-00412
Trial Court Judge: James L. Weatherford

Irvin vs. Johnson
01A01-9708-CV-00427
Trial Court Judge: James E. Walton

Bursack vs. Wilson
01A01-9710-CV-00555
Trial Court Judge: Marietta M. Shipley

Moore Construction Co. vs. Story Engineering
01A01-9606-CV-00267
Trial Court Judge: James E. Walton

Bennie Day and Karen Day, v. City of Dercherd, Otis B. Smith, Jr., Mayor, Hank Weddington, Bill van Hoosier, Frank Green, and Daryl Doney, Commissioners - Concurring
01-A-01-9708-CH-00442
Authoring Judge: Special Judge Walter R. Bussart

I concur i the resulst of the majority opinion, but would base that result on different reasoning.

Phyllis Ann Frazier Hamby v. Joseph Dewight Hamby and Anthony Hamby - Concurring
03A01-9708-CV-00346
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Judge John B. Hagler

In this divorce action, the wife appeals from the Trial Court’s Order of child support and the evaluation of the marital estate and its distribution.

Etta Mechelle Parks, v. Craig DeWayne Parks
03A01-9711-GS-00519
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Rocky H. Young

In this divorce case, the appellant Etta Mechelle Parks argues that the trial court erred in awarding her former husband, Craig Dewayne Parks, custody of their two boys, ages seven and almost four. We do not find that the evidence preponderates against the trial court’s custody decree. See Rule 13(d), T.R.A.P.; Hass v. Knighton, 676 S.W.2d 554, 555 (Tenn. 1984). Accordingly, we cannot say that the trial court abused its discretion in placing the children’s sole custody with Mr. Parks. See Grant v. Grant, 286 S.W.2d 349, 350 (Tenn.App. 1954).

Patrick Alan Wolfe v. Terri Lee Wolfe
03A01-9801-CV-00003
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Earle G. Murphy

In this post-divorce case, the trial court denied the petition of Terri Lee Wooten, formerly Wolfe (“Mother”), seeking sole custody of the parties’ daughter, Kelsea Wolfe, age five and a half. In the same order, the court granted the counterclaim of Patrick Alan Wolfe (“Father”) by modifying Mother’s visitation rights. Mother appealed, arguing that the trial court abused its discretion in failing to change the child’s custody. She also claims that the court erred in modifying the visitation schedule set forth in the divorce judgment.

Leslie A. Hassell, v. Thomas W. Hassell
02A01-9709-CH-00220
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor William Michael Maloan

Following the trial of this matter, the court ordered the parties, Leslie A. Hassell (Wife) and Thomas W. Hassell (Husband), to be entitled to a divorce pursuant to T.C.A . § 36 -4 -129 ( b ) . Husband was ordered to pay Wife $500 per month as alimony in futuro and that award is the sole issue presented by Husband to this court on appeal.

Dannie Joe Christmas, v. Ralph Moore and Linda Moore
03A01-9705-CV-00188
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Russell E. Simmons, Jr.

This case involves the possession of real estate after foreclosure proceedings. After a bench trial, the trial court determined that Appellees were entitled to possession of the real estate in question. We affirm.

Joy Walls, Individually and as Surviving Spouse of Decendent Wendell M. Goodwin, v. AC & S, Inc. et al.
03A01-9707-CV-00269
Authoring Judge: Judge Dale Workman
Trial Court Judge: Presiding Judge Houston M. Goddard

This suit was initiated by Plaintiff-Appellant, Wendell Goodwin, against Defendants-Appellees, Pittsburgh Corning Corporation, Owens-Corning Fiberglas Corporation, and a number of  other Defendants, seeking damages because of an illness Mr. Goodwin contracted -- specifically a stomach cancer known as peritoneal mesothelioma -- resulting from his occupational exposure to asbestos products manufactured and distributed by the Defendants, including Pittsburgh Corning and Owens-Corning. The Trial Court, in sresonse to the answers supplied by the jury through special interrogatories hereinafter set out, entered a judgment in favor of the Defendants because the Plaintiff's claim was barred by the applicable statute of repose, T.C. A . 29 -28 -103(a).

Jacqueline Sue Rogers v. Samuel L. Banks and Cathy J. Stancil - Concurring
03A01-9707-CV-00249
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Judge Robert M. Summitt

Samuel L. Banks, a doctor, and Cathy J. Stancil, a nurse, appeal a jury verdict rendered against them in favor of their former patient, Jacqueline Sue Rogers.  Ms. Rogers brought two actions of medical malpractice in the Hamilton County Circuit Court.  One action was brought against Dr. Banks, her treating  physician.  The other action was brought against Nurse Stancil.  Nurse Stancil performed the majority of the procedure in question. Judge Robert M. Summitt denied motions for directed verdict after Ms. Rogers presented her case and again after Dr. Banks and Nurse Stancil presented their case.  Both actions were submitted to the jury.  The jury returned a general verdict against both Dr. Banks and Nurse Stancil for $60,000.  Dr. Banks and Nurse Stancil both filed motions for judgments not withstanding the verdict as well as motions for a new trial.  Judge Summitt overruled these motions and upheld the jury award.  We now reverse the judgment below and dismiss boith suits with prejudice.