APPELLATE COURT OPINIONS

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Crumbley vs. Crumbley

M1998-00158-COA-R3-CV

Originating Judge:Jeffrey F. Stewart
Franklin County Court of Appeals 11/10/99
M1999-00540-COA-R3-CV

M1999-00540-COA-R3-CV

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 11/10/99
Clark vs. Service Corp. Int'l.

M1998-00160-COA-R3-CV

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 11/10/99
William D. Hunley, Jr., Brenda K Hunley, & Velvac Inc., v. Silver Furniture Mfg. Co. & Tab Service Corp., - Dissenting

03A01-9902-CV-00049

I dissent from the majority’s holding that the workers’ compensation carrier for Mr. Hunley’s employer is subrogated, without further inquiry, to the proceeds of Mrs. Hunley’s settlement of her loss of consortium claim that arose out of the work-related injuries sustained by her husband.

Authoring Judge: Judge Charles D. Susano
Originating Judge:Judge Harold Wimberly
Knox County Court of Appeals 11/08/99
William D. Hunley and wife, Brenda K. Hunley, and Velvac, Inc., v. Silver Furniture Mfg. Co. and Tab Service Corp. - Dissenting

03A01-9902-CV-00049

I dissent from the majority’s holding that the workers’ compensation carrier for Mr. Hunley’s employer is subrogated, without further inquiry, to the proceeds of Mrs. Hunley’s settlement of her loss of consortium claim that arose out of the work-related injuries sustained by her husband.

Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Judge Harold Wimberly
Knox County Court of Appeals 11/08/99
Christine Spann v. Barry Abraham, Individually, and D/B/A Sir Pizza

M1996-00003-COA-R3-CV

This appeal involves a pregnancy discrimination claim asserted by an employee of a Nashville pizza restaurant. After refusing to accept a temporary reassignment requested by her employer, the employee quit her job and filed suit, alleging that her employer had discriminated against her in violation of the Tennessee Human Rights Act. The Chancery Court for Davidson County granted the employer ’s motion for directed verdict at the close of the employee’s proof after concluding that she had not made out a prima facie case for disparate treatment because of her pregnancy. The employee asserts on this appeal that the trial court erred by directing a verdict for the employer and by amending its final order on its own motion. We have concluded that the trial court correctly directed a verdict for the employer in this case and, therefore, affirm the trial court.

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 11/05/99
Charles w. McKinney, a resident of Smith County, Tennessee, v. Smith County, Tennessee, a county duly constituted by the State of Tennessee

M1998-00074-COA-R3-CV

In this inverse condemnation action, Defendant Smith County appeals the trial court’s final judgment that suggested a $15,000 additur to the $7700 verdict rendered by the jury in favor of Plaintiff/Appellee Charles W. McKinney. We reverse the trial court’s judgment and remand this cause for a new trial on the issue of damages.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Bobby H. Capers
Smith County Court of Appeals 11/05/99
Richard Thomas Bogan v. Doris Mae Bogan

03A01-9811-CH-00393

This is an appeal by Ms. Bogan (Appellant) from an Order of the Chancery Court for Sullivan County which reduced Mr. Bogan’s (Appellee) alimony payments to her from $2,300 monthly to $945 monthly after Appellee’s retirement

Authoring Judge: Judge D. Michael Swiney
Originating Judge:Chancellor John S. McLellan, III
Sullivan County Court of Appeals 11/02/99
Richard Thomas Bogan, v. Doris Mae Bogan - Dissenting

03A01-9811-CH-00393

I dissent from the judgment of the majority opinion “reinstat[ing] the prior award of $2,300 monthly alimony as provided in the parties’ original divorce decree.” In my opinion, the trial court did not abuse its discretion when it reduced Mr. Bogan’s monthly alimony obligation from $2,300 to $945. I would affirm the judgment of the trial court.

Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Chancellor John S. McLellan, III
Sullivan County Court of Appeals 11/02/99
Wanda Borders vs. Randy Borders

02A01-9811-CH-00320

Originating Judge:George R. Ellis
Gibson County Court of Appeals 10/30/99
Joy Roy/Sam Dawkins vs. W.T. Diamond

02A01-9809-CV-00247

Originating Judge:J. Steven Stafford
Madison County Court of Appeals 10/30/99
Joy Roy/Sam Dawkins vs. W.T. Diamond

02A01-9809-CV-00247

Originating Judge:J. Steven Stafford
Madison County Court of Appeals 10/30/99
Katheryn Griffin vs. Steven Griffin

02A01-9807-CH-00177

Originating Judge:D. J. Alissandratos
Shelby County Court of Appeals 10/30/99
Gary Sanders vs. Donal Campbell

02A01-9810-CV-00299

Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Appeals 10/30/99
McKinley Brown vs. TN Dept. of Correction, et al

M1999-02519-COA-R3-CV
This appeal involves a dispute between an inmate and the Department of Correction regarding the Department's calculation of the inmate's sentence reduction credits. The inmate claims that when the Class X Felony Act was repealed in 1989, prior sentence reduction credit schemes were revived, and he became retroactively eligible for those credits. The inmate appeals the dismissal of his complaint seeking declaratory relief and damages. We affirm the trial court's dismissal of his case.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 10/29/99
Anderson vs. Ajax Turner Co .

01A01-9807-CH-00396
Davidson County Court of Appeals 10/28/99
Bradley vs. Bradley

01A01-9806-CV-00317

Originating Judge:Thomas Goodall
Sumner County Court of Appeals 10/28/99
Allstate Ins. Co. vs. Lavin

01a01-9810-CH-00552

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 10/28/99
Mason vs. Capitol Records, Inc.

01A01-9807-CH-00389

Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 10/28/99
Catignani vs. Catignani

01A01-9806-CV-00269
Davidson County Court of Appeals 10/28/99
Foley vs. Foley

01A01-9903-CH-00187

Originating Judge:Russell Heldman
Williamson County Court of Appeals 10/28/99
L.M. Berry & Co. vs. Huddleston

01A01-9809-CH-00487

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 10/28/99
Clinard vs. Blackwood

01A01-9801-CV-00029

Originating Judge:Walter C. Kurtz
Robertson County Court of Appeals 10/28/99
Calabro vs. Calabro

01A01-9902-CH-00116

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 10/28/99
Anthony K. Eldridge vs. Julia E. Eldridge

03A01-9904-CH-00146
Sullivan County Court of Appeals 10/27/99