COURT OF APPEALS OPINIONS

Shirley Ashford v. Joshua C. Benjamin, et al.; Dorothy Wiseman Jackson v. Joshua C. Benjamin; Stevan L. Black v. James E. Blount, III - Concurring
02A01-9408-CV-00175
Authoring Judge: Judge Farmer
Trial Court Judge: Judge D'Army Bailey

Appellant, James E. Blount, III, appeals from the judgment of the Shelby County Circuit Court holding him in criminal contempt on two separate accounts and imposing sentence.

Shelby Court of Appeals

Lee Anne Johnson v. Brett Paul Johnson
02A01-9408-CV-00183
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge George H. Brown

In this divorce action, Brett Paul Johnson (Husband) has appealed the trial court's ruling that Husband was not entitled to rehabilitative alimony and attorney fees from Lea Anne Johnson (Wife).

Shelby Court of Appeals

Susan (Rier) Metrolis, v. Timothy William Rier
02A01-9409-JV-00205
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Kenneth A. Turner

This appeal involves a juvenile court proceeding for child support. Petitioner, Susan Rier Metrolis (Mother), filed a petition against Timothy William Rier (Father) on October 28, 1993, seeking past, present, and future support for their two minor children, Crystal and Lisa. The petition requests that "the respondent should be ordered to contribute toward the support of said children according to the respondent's means and the needs of said children and reimburse the petitioner for the expenses of rearing the children with the respondent's assistance."

Shelby Court of Appeals

Lloyd Winfred Carden, Jr., v. Amy Malissa Carden
01A01-9502-CH-00042
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge John W. Rollins

This appeal involves the custody and support of two children under twelve years of age. Both parents sought a divorce and requested custody of the children. Following a bench trial, the Chancery Court for Coffee County granted the divorce to the father, awarded him custody of the children, and directed the mother to pay child support. Both parents have appealed. The mother takes issue with awarding custody to the father; while the father challenges the amount of the child support award. We have determined that the evidence does not preponderate against awarding custody of the children to the father but that the trial court should not have reduced the amount of the mother’s child support obligation by the mother’s cost of providing the children’s medical insurance. Accordingly, we affirm the judgment as modified and remand for further proceedings.

Coffee Court of Appeals

Ernest R. Fenn and wife, Patsy S. Fenn, v. Harry W. Miller, III, v. HIghland Credit Bureau, Inc., D/B/A Mid-State Credit Bureau
01A01-9503-CV-00100
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Walter C. Kurtz

This appeal involves the imposition of Tenn. R. Civ. P. 11 sanctions for inadequate pre-filing investigation in a malicious prosecution case. After the Fifth Circuit Court for Davidson County dismissed the plaintiffs’ claims against one of the defendants, the defendant sought sanctions against one of the plaintiffs’ lawyers. The trial court conducted an evidentiary hearing, found that the plaintiffs’ lawyer had failed to make an objectively reasonable factual and legal
inquiry before filing the complaint, and ordered the lawyer to pay the defendant $1,500. On this appeal, the plaintiffs’ lawyer challenges the legal and factual basis for the sanctions. We have determined that the record fully supports the trial court’s decision and also that this appeal is frivolous. Accordingly, we affirm and remand the case for the assessment of damages pursuant to Tenn. Code Ann. § 27-1-122 (1980).

Davidson Court of Appeals

John M. Cannon, Grayson Smith Cannon, and Cannon, Cannon, & Cooper v. Susan Garner Abby, Davidson Circuit Rubenfeld, individually and D/B/A Rubenfeld & Associates
01A01-9505-CV-00195
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Walter C. Kurtz

The appellants are two lawyers who are defendants below in a malicious prosecution and abuse of process case. We granted their motion for an extraordinary appeal, to review the trial court's holding that the work product doctrine did not prevent the discovery of certain information generated in the prior case. We affirm the trial court's order

Davidson Court of Appeals

Tennessee Farmer's Mutual Insurance Company v. Billy Wagner and wife Mona G. Wagner
01A01-9505-CV-00190
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge William B. Cain

The issues in this appeal are (1) whether the misrepresentations in an application for insurance made the policy void as to the applicant and (2) whether the insurance was void as to the appellant's wife, who did not sign the application. The Circuit Court of Lawrence County granted summary judgment to the insurance company. We affirm.

Lawrence Court of Appeals

State of Tennessee o.b.o., Linda C. Britton, v. Robert Eugene Kyer
01A01-9507-CV-00293
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Gerald L. Ewell, Sr.

This cause commenced when plaintiff Linda Britton filed a petition to establish paternity and for child support in West Virginia, pursuant to that state's Uniform Reciprocal Support Act (URESA). The petition was forwarded to the Circuit Court for Coffee County, Tennessee for prosecution.

Coffee Court of Appeals

Vickie Dianne Tuttle v. Robert Edward Tuttle
01A01-9512-CV-00546
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Gerald L. Ewell, Sr.

This appeal involves a divorce in which the husband has been incarcerated throughout the marriage. After approximately four years of marriage, both the wife and the husband filed suit for divorce in the Circuit Court for Coffee County. Following a bench trial attended only by the wife, the trial court granted the wife a divorce on the grounds that the husband was incarcerated and that his conviction had rendered him infamous. On this appeal, the husband asserts that the trial court should not have granted the wife a divorce because she did not properly verify her complaint and asserts that he did not receive property that was rightfully his. We have determined that the judgment should be affirmed and that the case should be remanded for consideration of the husband’s property claims.

Coffee Court of Appeals

03A01-9508-CH-00257
03A01-9508-CH-00257

Knox Court of Appeals

03A01-9508-CH-00258
03A01-9508-CH-00258

Knox Court of Appeals

03A01-9506-CV-00195
03A01-9506-CV-00195

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Hamilton Court of Appeals

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Knox Court of Appeals

02A01-9312-BC-00267
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Court of Appeals

02A01-9411-PB-00250
02A01-9411-PB-00250
Trial Court Judge: Leonard D. Pierotti

Shelby Court of Appeals

02A01-9405-CV-00106
02A01-9405-CV-00106
Trial Court Judge: James E. Swearengen

Shelby Court of Appeals

Jerry Bain and wife Sue Bain, v. Dr. Wayne Wells, National Medical Enterprises, Inc., New Beginnings Center, University Medical Center and National Recovery Centers of America
01A01-9503-CV-00120
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Bobby H. Capers

The captioned defendant, Dr. Wayne Wells, was dismissed by nonsuit and is not involved in this appeal. The remaining defendants have been granted interlocutory appeal from the order of the Trial Judge overruling their motion for summary judgment.

Wilson Court of Appeals

Warren Hinckley v. Tummel & Carroll, a Professional Partnership, Harold K. Tummel, Individually, Kenneth S. Carroll, Individually, and Ray L. Rhymes, Individually
01A01-9504-CV-00174
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Leonard W. Martin

Plaintiff, a resident of Texas sued defendants, residents of Texas, for legal malpractice by failing to timely file a claim against the State of Tennessee for damages allegedly incurred in Dickson County, Tennessee. The Trial Court sustained defendants' motion to dismiss on grounds of lack of personal jurisdiction and improper venue.

Dickson Court of Appeals

Frank Rudy Heirs Associates v. Moore and Associates, Inc., Leon Moore, and Sholodge Inc. - Concurring
01-A-01-9505-CH-00219
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor C. Allen High

The general partner in a hotel-keeping operation refused to make distributions to the limited partner from the revenues of the venture. The limited partner filed suit against the general partner for breach of contract and breach of fiduciary duty. The trial court found that the general partner had breached the partnership agreement, and rendered a partial summary judgment, ordering an immediate distribution to both partners of over $680,000. We affirm.

Davidson Court of Appeals

George H. Richardson v. Joyce R. Richardson
01A01-9507-CH-00304
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Jim T. Hamilton

In this divorce action, plaintiff/appellant, George H. Richardson, appealed and presented three issues: (1) "Whether the trial court erred in failing to eliminate appellant's alimony obligation in the form of making the monthly mortgage payment on the marital residence occupied by appellee as well as paying appellee's car payments[,]" (2) "Whether the trial court erred in failing to relieve appellant of his obligation to pay for appellee's attorney's fees[,]" and (3) "Whether the trial court erred in failing to adopt appellant's proposed division of marital property."

Maury Court of Appeals

IN RE: Estate of Odell P. Bradley, Deceased; Edith Steward and Barbara Ramsey v. Christian F. Hofstetter Executor, et al. - Concurring
01A01-9411-PB-00553
Authoring Judge: Judge Hewitt Tomlin
Trial Court Judge: Judge Joe P. Binkley, Sr.

Contestants (“appellants”) have appealed from a dismissal of a will contest suit filed by them in the Davidson County Probate Court. Following  a bench trial, the Honorable Joe P. Binkley, Sr., Special Judge, found that no proof had been presented to establish that the decedent was unduly influenced or that he was of unsound mind, and that the will was in fact his proper Last Will and Testament. The contestants' complaint was  dismissed. One of the contestants below has appealed pro se. Appellant's brief fails to comply with T.R.A.P. 27(a) in several ways, one of them being an absence of the statement of the issues. In order to properly dispose of this case, we conclude that the issue presented is whether the evidence preponderates against the judgment of the trial court. We find that it does not and affirm.

Davidson Court of Appeals

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Court of Appeals