COURT OF APPEALS OPINIONS

03A01-9703-CV-00071
03A01-9703-CV-00071

Court of Appeals

01A01-9502-CV-00031
01A01-9502-CV-00031
Trial Court Judge: Thomas W. Brothers

Davidson Court of Appeals

Janet Posner vs. Alan Posner
02A01-9710-CV-00249
Trial Court Judge: James F. Russell

Shelby Court of Appeals

Laura Coffey, et al vs. Cherokee Aviation, Inc.
E1999-01037-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Harold Wimberly
This is an appeal from a jury verdict finding Cherokee Aviation, Inc. not liable for the deaths of Steven Coffey and Peggy Cowan in a plane crash. Laura Coffey and Peter Cowan, the surviving spouses of the deceased, moved for a new trial on the basis of certain testimony which was admitted or denied admission by the Circuit Court during trial. The Circuit Court denied the motion for a new trial and this appeal ensued. We affirm.

Knox Court of Appeals

Varner vs. Perryman
03A01-9706-CV-00238

Court of Appeals

01A01-9512-BC-00556
01A01-9512-BC-00556

Court of Appeals

01A01-9512-BC-00556
01A01-9512-BC-00556

Court of Appeals

Janice F. Roberts vs. Stevie D. Davis, et al
M2000-01974-COA-R3-CV
Authoring Judge: Judge Don R. Ash
Trial Court Judge: Walter C. Kurtz
On May 17, 1995, Plaintiff Janice Roberts and her husband Max Nichols were involved in an automobile accident with the Defendant Food Lion, Inc. and their driver Stevie D. Davis. The accident occurred on Interstate 24. Plaintiff Roberts sued the Defendants in the Circuit Court of Davidson County seeking a recovery of $270,000 for injuries and various amounts of damages she sustained as a result of the accident. A bench trial was held on May 1, 2000. On May 4, 2000 the trial court by Memorandum and Order found that Plaintiff Roberts was entitled to recover $25,000 for reasonable and necessary medical expenses, pain and suffering and loss of enjoyment of life, and for some diminution in earning capacity. On June 2, 2000, Plaintiff Roberts filed a motion for new trial, which was subsequently denied by the trial court on July 7, 2000. This appeal followed. Plaintiff Roberts insists that the trial court erred in not granting a motion for continuance; not allowing the deposition testimony of a witness; in its award of damages; and by not allocating monies for future medical expenses.

Davidson Court of Appeals

03A01-9606-CV-00283
03A01-9606-CV-00283
Trial Court Judge: Inman

Blount Court of Appeals

William B. Demontbreun, v. First Cumberland Bank and G. Wayne Detring, Substitute Trustee
01A01-9411-CH-00550
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge James E. Walton

The captioned plaintiff has appealed from a jury verdict and judgment in his favor and against the defendant, First Cumberland Bank for $4,600 as damages for breach of contract.

Robertson Court of Appeals

William B. Demontbreun, v. First Cumberland Bank and G. Wayne Detring, Substitute Trustee
01A01-9411-CH-00550
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge James E. Walton

The captioned plaintiff has appealed from a jury verdict and judgment in his favor and against the defendant, First Cumberland Bank for $4,600 as damages for breach of contract.

Robertson Court of Appeals

Mira Ann (Waller) Mosley v. Charles Raymond Mosley
M2003-01686-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Royce Taylor

Rutherford Court of Appeals

In State v. Winsett, 882 S.W.2D 806 (Tenn. Crim. App. 1993), Now Justice
03C01-9509-CC-00285
Trial Court Judge: Rex Henry Ogle

Sevier Court of Appeals

01A01-9511-CH-00496
01A01-9511-CH-00496
Trial Court Judge: Irvin H. Kilcrease, Jr.

Davidson Court of Appeals

Pero's Steak and Spaghetti House vs. Elizabeth Hinkle
E2001-00254-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Dale C. Workman

Knox Court of Appeals

Richard Noble, v. State of Tennessee, Tennessee Department of Correction
01A01-9503-CH-00093
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

Petitioner/appellant Richard Nobel was tried and found guilty of first degree murder and sentenced under the Class X Statute to life imprisonment on 16 October 1981.

Davidson Court of Appeals

Tom and Karen Moore v. Lloyd A. Walwyn, M.D.
01A01-9507-CV-00295
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Thomas W. Brothers

This is an appeal by plaintiffs/appellants, Tom and Karen Moore, from the trial court's orders granting summary judgment in favor of defendant/appellee, Dr. Lloyd A. Walwyn, and denying appellants' motion to reconsider the grant of summary judgment

Davidson Court of Appeals

03A01-9608-CH-00263
03A01-9608-CH-00263
Trial Court Judge: Inman

Sullivan Court of Appeals

Hoover Inc., v. Metro Board of Zoning Appeals
01A01-9506-CH-00277
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Robert S. Brandt

This is an appeal by petitioner/appellant, Hoover
Inc. ("Hoover"), from an order of the chancery court
affirming the Metropolitan Board of Zoning Appeal's
decision to deny Hoover's application for a conditional
use permit.

Williamson Court of Appeals

Gary Castelli vs Joy Castelli
E2004-02997-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: L. Marie Williams
The Trial Court granted the parties a divorce, identified, valued and divided the marital property. The husband appeals the division of marital property as being inequitable. We affirm, as modified.

Hamilton Court of Appeals

Branch vs. Thompson
M1998-00511-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
In this case, the minor children of the parties have been declared dependent and neglected in juvenile court, and custody was awarded to Mother. Subsequently, the parties were divorced in circuit court, and Mother was awarded custody and Father was ordered to pay child support. Mother filed a petition in circuit court to hold Father in contempt for his failure to pay child support, and Father filed a cross petition seeking, among other things, to change custody. At the conclusion of an evidentiary hearing, the circuit court awarded custody of the children to Father. Mother has appealed, and we vacate the order changing custody because of lack of subject matter jurisdiction.

Robertson Court of Appeals

William Fowler, as surviving parent of David Fowler, dec. vs. Ralph Davenport and Jason Richards
E2000-02509-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: G. Richard Johnson
The Trial Court granted defendants summary judgment on the grounds plaintiff's action was time-barred. We reverse and remand.

Washington Court of Appeals

Lola Taylor v. James Taylor
M1999-02398-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Royce Taylor
This appeal arises from the dissolution of a four-year marriage. The wife sought a divorce in the Circuit Court for Rutherford County because of the husband's chronic drunkenness, non-support, and threats of violence. Following a bench trial, the court granted the wife a divorce on the ground of inappropriate marital conduct. The trial court also divided the martial estate, gave the wife custody of the parties' four-year-old daughter, and directed the husband to pay child support. On this appeal, the husband asserts that the trial court erred in its classification and division of the marital property, that the trial court awarded an excessive amount of child support, and that the trial court erred by denying his request to place a portion of his child support in an educational trust fund. For her part, the wife requests an additional award to defray her legal expenses for this appeal. We conclude that the trial court (1) correctly classified and divided the marital estate, (2) properly sequestered a portion of the husband's assets to assure the timely and regular payment of his child support, and (3) properly declined to establish an educational trust fund for the child. We also conclude that the trial court erred by failing to direct the trial court clerk to return the remainder of the sequestered funds to the husband when his child support obligation ceased. In addition, we decline to award the wife her legal expenses for this appeal or to find that this appeal was frivolous.

Rutherford Court of Appeals

Sarah Beth Clingan Overstreet v. Shoney's, Inc.
01A01-9612-CV-00566
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge John A. Turnbull

This appeal involves a freakish accident in which a shard from a broken dinner plate caused a restaurant patron to lose the sight in her left eye. The patron and her husband filed suit against the waitress who dropped the plate and the restaurant in the Circuit Court for Putnam County seeking damages for her injuries and for his loss of consortium. Following a three-day trial, the jury awarded the patron $2,013,000. On this appeal, the restaurant takes issue with several of the trial court’s evidentiary rulings, the trial court’s verdict form, and the trial court’s refusal to grant a remittitur. We affirm the judgment.

Putnam Court of Appeals

E1999-00235-C0A-R3-CV
E1999-00235-C0A-R3-CV
Trial Court Judge: Thomas W. Graham

Rhea Court of Appeals