Mid-State Trust, IV v. Randall W. Swift
01A01-9703-CV-00145
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Leonard W. Martin

This is an appeal by defendant/appellant, Randall W. Swift, from the decision of the Cheatham County Circuit Court dismissing his appeal from the general sessions court. The facts out of which this matter arose are as follows

Shirley Jean McCracken and Alan McCracken, et. al., v. Brentwood United Methodist Church
01A01-9511-CV-00531
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Cornelia A. Clark

This appeal involves a woman who broke both ankles in a fall at church. The woman and her husband filed suit in the Circuit Court for Williamson County against the church and others. The trial court granted the church’s motion for summary judgment based on the statute of limitations and the joint enterprise rule.The woman and her husband perfected this appeal after obtaining post-judgment relief from an inappropriate interlocutory appeal. We have determined that the trial court properly granted the post-judgment relief but erred in summarily dismissing the complaint.

In re: Estate of Ora Sloan Blankenship, Deceased, Katherine Sloan Braden and Steve Sloan, v. Billie Ann Gann
01A01-9607-CV-00290
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge William Harbison

This matter appears appropriate for consideration pursuant to Rule 10(a) of the Rules of the Court of Appeals of Tennessee.1 In this case, the decedent, Ora Sloan Blankenship (“Blankenship”), 84 years old, died on June 24, 1994. Subsequently, a petition was filed to probate Blankenship’s alleged holographic will. The purported holographic will named one of Blankenship’s sisters, Kathryn Braden (“Braden”) and Blankenship’s nephew, Steve Sloan (“Sloan”) as co-representatives of the estate.

Tom Milligan and wife Louise Millgan v. Curtis George and wife Wilma George
01A01-9609-CH-00406
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Robert E. Corlew, III

This interlocutory appeal involves a boundary line dispute between neighbors who live along Wilmouth Creek in Cannon County. Following inconclusive litigation between two of their neighbors, the owners of one of the tracts filed a boundary line action in the Chancery Court for Cannon County against the owners of one of the adjoining tracts that had been involved in the earlier litigation. The defending landowners moved to dismiss the complaint on the ground that the decision in the earlier litigation was res judicata as to the plaintiff landowners’ claims. The trial court denied the motion but grante permission to seek an interlocutory appeal. We granted the application for permission to appeal and now affirm the denial of the motion to dismiss because the parties in this case and the former case are not the same.

Carolyn Franklin and Edward J. Franklin v. Rebecca A. Kimberly, et. al. - Concurring
01A01-9701-CV-00009
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Judge William B. Cain

This is an appeal from an interlocutory ruling which the Trial Judge rendered final as provided by TRCP Rule 54.02. The controversy on appeal is between St. Paul Insurance Company, a/k/a Economy Fire and Casualty Company, (hereafter St. Paul), and Tennessee Farmers Mutual Insurance  Company (hereafter Tennessee Farmers). The plaintiffs have filed a brief in support of their interest in the disposition of the appeal.

02A01-9609-CV-00218
02A01-9609-CV-00218
Trial Court Judge: Whit A. Lafon

State of Tennessee vs. Teri L. Hopson
03C01-9601-CC-00007
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge Arden L. Hill

The defendant, Teri L. Hopson,1 was convicted after a bench trial of DUI second offense. The trial court sentenced her to eleven months, twenty-nine days; the defendant is to serve forty-five days in jail at 100 percent with the possibility for work release. Her driver's license was revoked for two years. Proof on a defense motion to suppress evidence was presented during the course of the bench trial; a ruling that the arrest was lawful was made at the conclusion of the trial.

Johns v. Howmet
03S01-9609-CV-00092
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. William Jenkins,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordancewith Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer contends (1) the claim is barred by the applicable statute of limitations, (2) the trial court erred by setting aside a previously approved settlement and (3) the trial court erred in admitting certain evidence. The panel has concluded the claim is time barred. The employee or claimant, Wadey Johns, suffered a compensable injury to her thumbs and received the medical and temporary total disability benefits to which she was entitled under the Workmen' Compensation Act. After returning to work, she negotiated, without the assistance of counsel, to settle her claim for future medical and permanent partial disability benefits. On February 18, 1992 she petitioned, jointly with the employer, the circuit court to approve a settlement. The petition she signed said, among other things, "...that said settlement is in substantial accord with the Tennessee Workers' Compensation Law and is in the best interest of the plaintiff." The settlement provided the claimant would receive, in addition to those benefits already received by her, $3,263.94 in permanent partial disability benefits and an additional $3,236.6 for her future medical benefits, in a lump sum. The settlement was approved the same day by Judge Wilson, who expressly found the settlement to be in the best interest of the claimant. More than one year and five months later, on July 29, 1993, the claimant filed a "Petition to Set Aside Judgment," wherein she averred the employer was guilty of "fraud and gross misrepresentation" in procuring the settlement. The particular facts and circumstances constituting fraud and misrepresentation were not stated. After an evidential hearing, Judge Wilson granted the petition on the ground of mutual mistake of fact. After an oral hearing on April 11, Judge Jenkins awarded additional benefits. 2

Ronald E. Leonard, and wife, Vickie J. Leonard, v. Butler Markland, Contractor
03A01-9611-CH-00370
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Thomas Seeley, Jr.

This controversy arose as a result of a contract entered into between Robert E. Leonard and his wife, Vickie J. Leonard and Butler Markland. The contract provided that Mr. Markland would build a house on a lot owned by the Leonards at a total cost of $96,000.

Westand Land West Community Association, et al. v. Knox County, et al.
03S01-9610-CH-00098
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Judge Sharon J. Bell

We granted this appeal to determine whether Tenn. Code Ann. § 13-7-105(a) mandates submission of a newly proposed zoning classification amendment to the regional planning commission following the commission's rejection of a similar but different proposed classification. The Court of Appeals held that the statute does not require futile resubmissions of revised proposals. We, however, find that the proposal in question was not merely a revised prior
proposal but was a new and previously unsubmitted proposal. The statute clearly mandates submission of new proposals to the regional planning commission. We reverse the Appellate Court and hold that the new zoning proposal should have been submitted to the regional planning commission.

James Crittenden v. Memphis Housing Authority
02A01-9609-CV-00211
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Wyeth Chandler

This is an action for breach of an employment contract and deprivation of civil rights under
42 U.S.C. § 1983. The trial court granted summary judgment in favor of the plaintiff employee. We
reverse.

Ann Elizabeth Dudenhoeffer v. George Daniel Dudenhoeffer
02A01-9607-CH-00160
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Joe C. Morris

In this action for separate maintenance, the trial court awarded Ann Elizabeth 2 Dudenhoeffer (“Wife”) a decree of separate maintenance and dismissed George Daniel Dudenhoeffer’s (“Husband”) counter-complaint for divorce. The trial court ordered Husband
 to maintain Wife as an insured on his medical insurance policy until Wife reaches age sixty-five and ordered Husband to maintain his three preexisting life insurance policies designating Wife as the sole irrevocable beneficiary. Wife was awarded the following: the marital residence, an automobile, Wife’s IRA account, Husband’s IRA account, one-half of Husband’s retirement benefits, the remaining balance of Husband’s 401-K account, a certificate of deposit, eighty-eight shares of Tenneco stock, the proceeds from a savings account, all savings bonds in Wife’s possession, two burial plots, an annuity, and the parties’ jointly owned personal property and household goods which Wife had in her possession. Husband was awarded the personal property which he had in his possession, a truck, a bass boat, a motor, a trailer, boating accessories, and proceeds previously withdrawn by him from his 401-K account. The trial court awarded Wife $6,638.50 as alimony in solido to aid Wife in paying her attorney fees and alimony in futuro in the following amounts:
$2,000.00 per month beginning 10/1/95 and ending 12/31/95;
$1,800.00 per month beginning 1/1/96 and ending 12/31/96;
$1,500.00 per month beginning 1/1/97 and ending 12/31/98;
$1,200.00 per month beginning 1/1/99 and ending 9/5/2001,

Wife’s sixty-fifth birthday; and $600.00 per month from 9/2001 until Wife’s death or remarriage.

Beverly Fay Melton v. Danny Joe Melton
02A01-9701-CH-00022
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge W. Michael Maloan

In this divorce action, Danny Joe Melton (hereinafter, “Husband” or “Mr. Melton”) appeals the trial court’s determination regarding the division of the marital estate, custody of the parties’ minor child, and the award of certain farm equipment to his former father-inlaw.
 

Delisa Ribbins Leak and Mareshi A. Leak, B/N/F Delisa Ribbins Leak, v. Laurie Goodwill and AT&T Service, Inc.
03A01-9611-CV-00359
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Samuel H. Payne

Delisa Ribbins Leak and Meshi Leak, by next friend, Delisa Ribbins Leak, appeal an order of the Circuit Court dismissing their case against Laurie Goodwill. The case had purportedly been appealed from the General Sessions Court pursuant to an order of two Judges of that Court granting a writ of certiorari. The appeal on related to one Defendant, Laurie Goodwill, and not the other Defendant, AT&T Service, Inc. Upon motion of Ms. Goodwill, the Circuit Judge dismissed the case against her, apparently on the grounds raised in the motion, that their appeal was not timely, and thereupon remanded the case to the General Sessions Court for "further hearing as to AT&T Service, Inc."

Price and Price Mechanical, Inc., v. Jame Edward Hale and Hale Construction Company, Inc., - Concurring
03A01-9612-CH-00402
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Ben K. Wexler

This case is before the court on an extra ordinary appeal pursuant to Rule 10, Tennessee Rules of  Appellate Procedure.  The sole issue which we are called upon to decide is whether Tennessee recognizes the tort of  "intentional interference with prospective economic advantage" (The tort ). The trial court dismissed the plaintiff's claim on the premise that Tennessee does not recognize the tort, citing Kultura, Inc., v. Southern Leasing, 923 S. W. 2d 536, (Tenn. 1996), quoting from Quality Auto Parts v. Bluff City Buick, 876 S. W. 2d 818, 823 (Tenn. 1994).

Samuel R. Adams, et al., v. Margaret C. Culpepper, et al. - Concurring
03A01-9701-CH-00017
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Sharon Bell

This is an appeal from a judgment of the Chancery Court of Knox County, affirming the decision of The Department of Employment Security Board of Review in denying all the appellants unemployment compensation benefits.  We affirm the judgment of the trial court.

Reba V. Davis and Tyler Wayne Davis, by next friend, Reba V. Davis, v. Harriman City Hospital, the City of Harriman, et al.
03A01-9701-CV-00016
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Russell E. Simmons, Jr.

This is a medical malpractice case. Plaintiff, Reba V. Davis brought suit, individually and on behalf of her infant son, Tyler, against Dr. Elbert Cunningham, Harriman City Hospital and the City of Harriman, for injuries sustained by Tyler shortly after his birth. After reaching a settlement with Dr. Cunningham, the physician who delivered Tyler, Ms. Davis amended her complaint to include allegations of negligence against the attendant Harriman City Hospital nurses.

Sandra J. Scott, v. Dr. Gerald B. Calia
03A01-9608-CV-00270
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge James B. Scott, Jr.

This medical malpractice suit arises out of surgery performed on Sandry Scott's freet by Dr. Gerald Calia on May 17, 1989. Ms. Scott contends that Dr. Calia was negligent in his medical care of her. She insists on appeal that the Trial Court was in error in directing a verdict against her at the close of her proof.

Helen S. Rogers v. Tom E. Watts, Jr. - Dissenting
01-A-01-9611-CV-00500
Authoring Judge: Judge Ben H Cantrell

I respectfully dissent from the majority opinion on two grounds: (1) probable cause and (2) damages -- neither of which is presented with  much clarity in the briefs. But the issues are of such importance to the practice of law in this state that I feel they should be addressed.

Helen S. Rogers vs. Tom E. Watts, Jr. - Concurring
01-A-01-9611-CV-00500
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Thomas W. Brothers

This is an appeal by defendant/appellant, Thomas E. Watts, Jr., from the decision of the Sixth Circuit Court of Davidson County finding Mr. Watts liable for malicious prosecution and awarding plaintiff/appellee, Helen S. Rogers, $18,000.00 in damages. The facts out of which this matter arose are as follows.

Joe E. Armstrong v. Tennessee Department of Veterans Affairs, Commissioner Fred Tucker and Tennessee Civil Service Commission and Eleanor E. Yoakum
01A01-9610-CH-00476
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Robert S. Brandt

The question in this case is whether a state employee protected by civil service has a right to be heard before being reclassified to the unprotected executive service. The Chancery Court of Davidson County held that the employee had a right to grieve the reclassification. We affirm.

Kathy L. Moyers, v. Roald A. Moyers
01A01-9612-CV-00556
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Muriel Robinson

This appeal followed a long course of post-divorce litigation that prevented the parties from enjoying the peace that should have come from the dissolution of their unhappy marriage. The trial court found the husband guilty of five counts of criminal contempt for failing to comply with the court’s orders regarding division of marital property and payment of alimony in solido, and ordered him to serve ten days in jail for each count. On appeal we reverse the trial court as to four of the five counts.

Paul J. Myer and Carole A. Myer v. Mark Whitacre, Ginger Whitacre and Fran Haworth, individually and D/B/A Century 21 Haworth Homes
01A01-9701-CH-00014
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Henry Denmark Bell

In this case involving a breach of a real estate contract, the appellant asserts that the evidence preponderates against the amount of damages found and the award of prejudgment interest. We affirm the judgment of the trial court.

Chong Y. Struck v. Gary L. Struck - Concurring
01-A-01-9612-CH-00547
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Robert E. Corlew, III

The question in this case is whether the alimony set by the court was subject to modification.  The trial judge terminated the alimony upon the wife’s remarriage.  We affirm.

Mary S. Fendley v. Mart G. Fendley
01A01-9509-CH-00418
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Thomas E. Gray

This appeal involves the classification of property in a divorce case. The wife filed for divorce in the Chancery Court for Montgomery County after seventeen years of marriage. Following a bench trial, the trial court declared the parties divorced and awarded the wife custody of the four minor children. In its division of the parties’ property, the trial court classified the parties’ home as marital property and awarded it to the wife but classified the household furniture, funds inherited by the wife, and a limited partnership interest in an athletic club as the wife’s separate property. The husband takes issue on this appeal with the allocation of the responsibility for the debt on the home, the classification of separate property, and the overall distribution of the marital estate. We have determined that the trial court should have allocated the debt secured by the home to the wife and that the trial court correctly classified the disputed assets and equitably distributed the marital estate.