Opinions

Beatrice Holiday vs. Shoneys South
W1999-01173-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: John R. Mccarroll, Jr.

Steven C. Mohn, et ux vs. Bernard Graff, et al
E1999-01015-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Thomas R. Frierson, II

State vs.Robert A. Norris & Lida A. Meador
E1999-00485-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Leon C. Burns, Jr.

Miltier, III vs. Miltier (Buhls)
E1999-00887-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Jean A. Stanley

D. A. Price vs. P. C. Price
E1999-00102-COA-R10-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: W. Dale Young

Grandstaff vs. Hawks
M1998-00909-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Bobby H. Capers

Clark Earls vs. Shirley Earls
M1999-00035-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Russell Heldman
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.

Clark Earls vs. Shirley Earls
M1999-00035-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Russell Heldman
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.

Clark Earls vs. Shirley Earls
M1999-00035-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Russell Heldman
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.

Limbaugh vs. Coffee Medical Center
M1999-01181-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: John W. Rollins

Richardson vs. TDOC
M1999-02796-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Irvin H. Kilcrease, Jr.

Ricky Lee Jenkins v. Heather Johnson
M2001-02103-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Clara W. Byrd
This appeal arises from the lower court's modification of a child custody arrangement. The trial court found that a material change in circumstances had occurred and awarded primary residential custody to Father. For the following reasons, we affirm the judgment of the lower court.

State vs. Murriel Lee
W1999-01094-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Lee Moore

Berryhill vs. Rhodes
W1997-00167-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Kenneth A. Turner

Berryhill vs. Rhodes
W1997-00167-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Kenneth A. Turner

Barnes vs. Goodyear
W1997-00247-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: W. Michael Maloan

Ronald & Bonnie Warf vs. Wayne Vincent
W1999-01542-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Walter L. Evans

Larry W. Barnes v. The Goodyear Tire And Rubber
W2000-01607-COA-RM-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: W. Michael Maloan

Tammy C. Powell vs. Charley Crisp, et al
E1999-02539-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Jerri S. Bryant
This is a suit wherein Tammy C. Powell, formerly Bird, seeks custody of her minor children, Joshua Daniel Bird (DOB 2/2/86) and Cherish Richelle Bird (DOB 8/25/88), who are now in the custody of her parents. The Trial Court was of the opinion that the Court of Indian Offenses of the Eastern Band of Cherokee Indians, located in Cherokee, North Carolina, the Court which initially awarded a divorce to Richard Bird and later granted custody of the children to the maternal grandparents, Charley and Peggy Crisp, had exclusive jurisdiction of any action seeking to change custody, and accordingly dismissed the petition. We affirm.

State of Tennessee v. Edward Talmadge Mcconnell
E1998-00288-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Arden L. Hill

21812-COA-R3-CV
21812-COA-R3-CV
Trial Court Judge: Jeffrey F. Stewart

Speakman vs. Ada Ferrell Garden Apts.
M1999-00509-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: L. Craig Johnson

State vs. England
M1997-00254-SC-R11-CO
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Jane W. Wheatcraft

Wielgus vs. Dover Industries
M1999-00173-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Robert E. Corlew, III

State of Tennessee v. Dennis R. England
M1999-00254-SC-R11-CO
Trial Court Judge: Jane W. Wheatcraft