COURT OF APPEALS OPINIONS

Susan Turner v. Jeffrey Purvis
M2002-00023-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Michael R. Jones
Mother appeals from a trial court modification of the custody and visitation arrangement which had been in place since the divorce in 1997. The previous arrangement gave Mother primary residential custody, and Father was to have liberal visitation as agreed upon by the parties. After declining to adopt the parenting plan submitted by either Mother or Father, the trial court devised a plan establishing a specific residential schedule. Mother argues that there was not a material change of circumstances that warranted the trial court's decision. Because we determine that a material change in circumstances occurred and because the modification of the custody arrangement was in the best interests of the children, we affirm the decision of the trial court.

Henderson vs. Harlan, d/b/a: Lodge Quarters
01A01-9610-CV-00463
Trial Court Judge: Walter C. Kurtz

Jammi vs. Conley
01A01-9609-CH-00425
Trial Court Judge: Ellen Hobbs Lyle

Bain vs. City of Murfreesboro
01A01-9611-CV-00510
Trial Court Judge: Robert E. Corlew, III

Wood vs. Prosser, et. al.
01A01-9510-CV-00468
Trial Court Judge: Marietta M. Shipley

Aghili vs. Saadatnejadi
01A01-9605-CV-00214
Trial Court Judge: Muriel Robinson

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

Than Those Articulated By The Majority. The Majority Relies Upon State v. Marshall,
03C01-9602-CC-00066
Trial Court Judge: R. Steven Bebb

Glenda Whisenhunt vs. Gordon Whisenhunt
02A01-9506-CV-00126
Trial Court Judge: James E. Swearengen

David Dunnehew vs. Donna Dunnehew
02A01-9604-CH-00079

Pacific Properties, v. Home Federal Bank of Tennessee, v. Michael S. Stalcup
03A01-9701-CV-00020
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge William R. Holt, Jr.

This action for conversion was submitted to a jury which returned a general verdict for the plaintiff, thereby implicitly finding that the fact-driven principal defense of the Statute of Limitations was not well-taken. Home Federal appeals and presents for review issues which, as paraphrased, question the propriety of the submission of the case to the jury, whether the defense of Statute of Limitations was well-taken, as a matter of law, whether requested jury instructions should have been given and whether the drawer of a check adequately instructed the drawee Bank as to its disposition. Pacific Properties

Thelma W. Kelley, v. John E. Vance and Betty L. Vance, and Allstate Insurance Company
03A01-9701-CV-00031
Authoring Judge: Justice Herschel Pickens Franks
Trial Court Judge: Judge Ben W. Hooper, II

In this action, plaintiff seeks uninsured motorist coverage from her insurance company, and the Trial Court, responding to motion for summary judgment, granted judgment to defendant Allstate Insurance Company (Allstate). Plaintiff has appealed.

Aeyon Cho v. Dae-Young Jeong - Concurring
03A01-9608-CV-00257
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Bill Swan

We granted the application of Dae-Young Jeong (Husband) for an interlocutory appeal pursuant to Rule 9, T.R.A.P., to consider whether the trial court has subject matter jurisdiction to grant his wife, the plaintiff Aeyon Cho (Wife), an absolute divorce.

Whitney Leigh Davidson, Minor Child, by next friend, Rozan Davidson, v. Donna Wright, et al.
03A01-9702-CH-00051
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Chancellor William Everett Lantripp

The Knox County Board of Education adopted a policy against the possession of weapons on school campuses for the school year beginning in September 1995. Whitney Leigh Davidson was provided a copy of the West High School Handbook which explained the policy and the consequences of its violation. On January 23, 1996, while a junior at West High School, she was suspended for a violation of the policy. Following a series of administrative hearings the Board of Education held a plenary hearing and upheld the decision to expel Ms Davidson for one year. Judicial review resulted in a finding that the Board had not acted arbitrarily, illegally or beyond its jurisdiction in expelling Ms. Davidson.

Casey Lynn Burgess, v. Brenda Lea (Burgess) Welch
03A01-9703-PB-00077
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge John A. Bean

By this appeal Casey Lynn Burgess insists that the Trial Court was in error in dismissing his petition for change of custody of his two children, custody of whom by the divorce decree was awarded to Ms. Welch.

Gladstone Ralph Hobbs v. Mollie Jane Hobbs - Concurring
03A01-9702-CV-00063
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Chester Mahood

This is a divorce action. The defendant (wife) assertson this appeal, among other things, that the trial court abused its discretion in denying a continuance of the trial. The record reflects that there was a great deal of confusion as to the way and manner the case was set for trial because of the resignation of the former Circuit Judge. The wife's counsel claims to have had no notice of the trial date until the day the case was set for trial. On that date, he applied to the court for a continuance. The court continued the case until the following morning at 7:00 a.m. Prior to the trial, the court allowed the wife's attorney to make a motion for a continuance on the record, with a written motion, to be filed as exhibit No.1. Counsel's affidavit supporting the motion for a continuance was allowed to be filed as exhibit 2.

Keith Hardware, Inc. v. Douglas L. White and Carolyn L. White - Concurring
03A01-9610-CH-00339
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor Lewis W. May

The issue on this interlocutory appeal granted pursuant to T. R. A. P. Rule 9, is whether the lease between the parties is too broad to be enforceable, as was held by the Trial Court.

Corbin Dale Meador, v. Linda J. Meador
03A01-9612-CV-00405
Authoring Judge: Judge Robert M. Summitt
Trial Court Judge: Presiding Judge Houston P. Goddard

The controversy presently on appeal attacks a judgment entered in a post-divorce petition for contempt, wherein Linda J. Meador seeks to recover property she contends was awarded he i the divorce decree and to find her fomer husband, Corbin Dale Meador in contempt of court for refusing to deliver the property to her.

First Tennessee Bank, National Association, v. Jessi O. Quillian
03A01-9701-CH-00014
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor R. Vann Owens

This case originated as an action to collect monies due under the terms of a promissory note executed by the defendant to the plaintiff First Tennessee Bank, National Association. An answer was filed by the defendant admitting the execution of the note and that there was an outstanding balance thereon. He also filed a counterclaim in which he sought a setoff and damages for forged checks drawn on his account and paid by the bank. The trial court on motion of the plaintiff, entered a summary judgment against the defendant on the original complaint and dismissed the counterclaim. A judgment in the amount of $34,399.24 was entered against the defendant. This appeal resulted. We affirm the judgment of the trial court.

Anthony W. Nance and Brandon Nance v. Christopher H. Strunk
03A01-9701-CV-00037
Authoring Judge: Justice Herschel P. Franks
Trial Court Judge: Judge Conrad E. Troutman, Jr.

In this action arisitn grom a motor vehicle accident, the defendants were granted summary judgment and plaintiffs have appealed.

Crystal M. Trueitt v. Alan A. McCurry and Carmen Y. Silvels, v. Alan A. McCurry
03A01-9612-CV-00399
Authoring Judge: Presiding Judge Houston P. Goddard
Trial Court Judge: Judge Samuel H. Payne

Crystal M. Trueitt and Carmen Y. Silvels, individually and as mother and next friend of Christopher M. Silvels, a minor,2 appeal jugements rendered in heir favor in the Circuit Court for Hamilton County in the amount of $1,033.36, $1,004.60, and $98.50, respectively.

Brian Grant vs. Tonya Grant
02A01-9603-CV-00053

Deborah Hendrix, v. First Tennessee National Corporation, D/B/A First Tennessee Bank
03A01-9701-CV-00032
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge G. Richard Johnson

This action for damages for defamation and outrageous conduct was dismissed on motion for summary judgment. The plaintiff presents the propriety of the dismissal for appellate review, which is de novo on the record with no presumption of correctness. Johnson v. EMPE, Inc., 837 S.W.2d 62, 68 (Tenn. App. 1992).

Mabel Donnelly v. Robert E. Walter M. D. and Hermitage Nursing Center - Concurring
03A01-9610-CV-00323
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor G. Richard Johnson

Plaintiff Mabel Donnelly (Donnelly) appealed the trial court’s denial of her motion to reconsider a grant of summary judgment to the defendants Dr.  Robert E. Walter (Dr. Walter) and Hermitage Nursing Home (Hermitage).  She presents for our review the question of whether the denial of her  motion to reconsider was an abuse of the trial court’s discretion. For their part, the defendants contend that Donnelly’s appeal should be dismissed because of her failure to serve a copy of the notice of appeal on the clerk of this court. We affirm.

Richard Gause D/B/A Roofworks of Tennessee, v. Anice Cole, D/B/A Riverside Shop and Jerry Ogle
03A01-9707-CH-00001
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Chester R. Rainwater, Jr.

This case originated as an action to enforce a lien for work and materials pursuant to  T. C. A. § 66- 11- 126. The plaintiff alleged that he had furnished equipment, labor, and materials which were used for improvements on the property which the defendant, Cole occupied as lessee and the defendant, Ogle, was an owner. The defendant, Ogle, filed an answer, generally stated that he owned an interest in the subject property, but was without sufficient knowledge or information to form a belief as to the truth of the allegations set forth in the complaint.

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