COURT OF APPEALS OPINIONS

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Knox Court of Appeals

Waste Management vs. South Central Bell
01A01-9504-CV-00182
Trial Court Judge: Thomas W. Brothers

Davidson Court of Appeals

Waste Management vs. South Central Bell
01A01-9504-CV-00182
Trial Court Judge: Thomas W. Brothers

Davidson Court of Appeals

Lovell & Malone vs. Commonwealth Life Ins.
01A01-9607-CH-00299
Trial Court Judge: Robert S. Brandt

Davidson Court of Appeals

01A01-9608-CH-00352
01A01-9608-CH-00352
Trial Court Judge: Robert S. Brandt

Davidson Court of Appeals

Almany vs. Christie
01A01-9608-CH-00376
Trial Court Judge: John H. Gasaway, III

Sumner Court of Appeals

Frank Collier Auction & Realty Co. vs. Rice, et. al.
01A01-9608-CH-00384
Trial Court Judge: Irvin H. Kilcrease, Jr.

Davidson Court of Appeals

Davis vs. TN. Dept. of Correction & Campbell
01A01-9610-CH-00487
Trial Court Judge: Ellen Hobbs Lyle

Davidson Court of Appeals

Davis vs. TN. Dept. of Correction & Campbell
01A01-9610-CH-00487
Trial Court Judge: Ellen Hobbs Lyle

Davidson Court of Appeals

Ulrich vs. Ulrich
01A01-9606-CV-00264
Trial Court Judge: Thomas Goodall

Sumner Court of Appeals

Brian Wolney and wife, Melissa Wolney, v. Lisa M. Emmons and Wells Fargo Armored Service Corporation
02A01-9508-CV-00169
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge George H. Brown, Jr.

This is a suit for damages brought by Plaintiff Brian Wolney (“Wolney”), with his wife Melissa Wolney, against Defendants Wells Fargo Armored Service Corporation (“WFA”) and Lisa M. Emmons (“Emmons”). Wolney sued for personal injuries he sustained in an accident while riding as a passenger in a vehicle driven by Emmons, but owned by WFA. The trial court granted partial summary judgment in favor of WFA, finding that Wolney’s tort claim against WFA was barred because Wolney was WFA’s statutory employee. The Wolneys appeal the grant of partial summary judgment. We affirm.

Shelby Court of Appeals

Brian Wolney and wife, Melissa Wolney v. Lisa M. Emmons and Wells Fargo Armored Service Corporation
02A01-9508-CV-00169
Authoring Judge: Judge Holly Kirby Lillard

The petition for rehearing filed in behalf of the Appellants is denied.

Court of Appeals

Ikie Briggs, v. Estate of Odessa v. Briggs
02A01-9603-PB-00052
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Leonard D. Pierotti

This is a will construction case. Respondent, Ikie Briggs, appeals from the order of the probate court construing the Last Will and Testament of Odessa V. Briggs in favor of the petitioner, Frances Duncan Briggs.

Shelby Court of Appeals

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Court of Appeals

Joseph Chidester and wife, Kathleen Chidester v. L. D. Elliston, O.D.
02A01-9602-CV-00029
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Joseph H. Walker, III

In this medical malpractice action, the Plaintiffs, Joseph and Kathleen Chidester, 2 filed suit against the Defendant, Dr. L. D. Elliston, for failing to diagnose the Plaintiff’s malignant tumor. The trial court granted the Defendant’s motion for summary judgment holding that the Plaintiffs’ cause of action is barred by the one year statute of limitations. The Plaintiffs’ have appealed the trial court’s order arguing that the statute of limitations does not bar this action because the Plaintiffs’ cause of action did not accrue until the Plaintiff’s malignancy recurred. For the reasons stated hereafter, we reverse the judgment of the court below and remand.

Tipton Court of Appeals

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Court of Appeals

Sherry Denise Thearp Ervin, v. Dale Edward Ervin
02A01-9605-CH-00097
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor Dewey C. Whitenton

This is an appeal from a Final Decree of Divorce entered January 5, 1996. Plaintiff, Sherry Denise Thearp Ervin (Wife), appeals from the order of the trial court granting her an absolute divorce from the defendant, Dale Edward Ervin (Husband). 1 In her first issue, Wife argues that the trial court should have awarded her the parties’ ski boat. We will consider this assertion with the second issue. 2 Wife appeals the trial court’s decision concerning the division of the marital property, the amount of child support, and the denial of an award of attorneys’ fees.

Hardeman Court of Appeals

Driber vs. Physicians Health Care
01A01-9607-CH-00310
Trial Court Judge: Ellen Hobbs Lyle

Davidson Court of Appeals

01A01-9605-CH-00218
01A01-9605-CH-00218
Trial Court Judge: Samuel L. Lewis

Court of Appeals

P. 54.04(2); See Lock v. National Union Fire Ins. Co., 809 S.W.2D 483, 490 (Tenn.
01A01-9606-CV-00251

Davidson Court of Appeals

Johnny Glenn Hilliard v. Misty Lynn Hilliard and Terry Minton - Concurring
02A01-9609-CH-00230
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor William Michael Maloan

Johnny Glenn Hilliard (Father) appeals from the order of the trial court granting visitation rights to his son’s maternal grandmother. Father and Misty Lynn Hilliard (now Schrems) (Mother) married in 1992. Alexander Glenn Hilliard (Alex) was born in May 1993. The parents divorced in January, 1995 and temporary custody1 was awarded to Terry Minton, the maternal grandmother. At that time, Mother was living with her mother, Terry Minton. Mother currently resides in Florida with her present husband.

Weakley Court of Appeals

James P. Mitchell, v. James Davenport, Commissioner of the Departmentof Employment Security of the State of Tennessee, Noma Outdoor Products, Inc.
02A01-9510-CH-00230
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Joe C. Morris

In this unemployment compensation case, James Mitchell (“Mitchell”) filed a claim 2 for unemployment compensation with the Tennessee Department of Employment Security (“TDES”). TDES approved Mitchell’s claim, and Mitchell’s employer, NOMA Outdoor Products, Inc. (“NOMA”), appealed TDES’ claim approval. On appeal, the Appeals Tribunal ruled that Mitchell was not eligible for unemployment benefits pursuant to T.C.A. § 50-7-303(a)(2) due to work-connected misconduct and declared that the $1,190.00 in unemployment benefits that Mitchell had previously received was an overpayment. Mitchell thereafter requested that TDES waive his $1,190.00 overpayment pursuant to T.C.A. § 50-7-303(d)(2). The Appeals Tribunal denied Mitchell’s request for a waiver of the overpayment, and Mitchell appealed the decision of the Appeals Tribunal to the Board of Review. The Board of Review adopted the findings of fact and decision of the Appeals Tribunal and denied Mitchell’s request for a waiver of the overpayment. Mitchell thereafter filed a petition to rehear which was denied by the Board of Review. Pursuant to T.C.A. § 50-7-304(i), Mitchell filed a petition for certiorari in chancery court seeking judicial review of the Board’s decision. The chancery court dismissed Mitchell’s petition for certiorari and affirmed the decision of the Board of Review, denying Mitchell’s request for a waiver of the overpayment. Mitchell appeals from the order of the chancery court arguing that the chancery court erred in admitting additional evidence and erred in not vacating or setting aside the decision of the Board of Review. For the reasons stated hereafter, we affirm the judgment of the chancery court.
 

Madison Court of Appeals

William Thomas Winchester, v. Glenda Rachelle Winchester
02A01-9604-CH-00092
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Joe C. Morris

This is a child custody case. The trial court awarded Appellant William Thomas Winchester (“Husband”) and Appellee Glenda Rachelle Winchester (“Wife”) joint custody of the minor child of the marriage, which both parties appeal. We vacate the trial court’s award of joint custody and remand the case to the trial court to conduct further findings of fact concerning each party’s comparative fitness and to award custody to either Husband or Wife.

Chester Court of Appeals

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Court of Appeals

Tina R. Guffey vs. Wenco of Shelbyville, Inc., d/b/a Wendy's Restaurant - Concurring
01A01-9609-CV-00400
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Judge Lee Russell

This is a “slip and fall case” in which the jury awarded $173,250, and the defendant appealed.

Bedford Court of Appeals