APPELLATE COURT OPINIONS

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Krista Miller vs. Frederick Miller

02A01-9809-CH-00271

Originating Judge:John Walton West
Henry County Court of Appeals 05/21/99
Creswell vs. Creswell

03A01-9804-CH-00151
Court of Appeals 05/21/99
Pait vs. City of Gatlinburg

03A01-9808-CH-00274
Court of Appeals 05/21/99
Debyl vs. Graham

03A01-9901-GS-00015
Court of Appeals 05/21/99
Bethany Christian Services vs. Jackson

03A01-9810-JV-00345
Court of Appeals 05/19/99
Lee P. Fite, Individually and Derivatively on behalf of H & M Construction Co., Inc. v. Richard L. Fite, C. David Fite, Larry P. Becker, et al

02A01-9710-CH-00266

This case involves allegations of breach of fiduciary duty, fraud in the inducement of a contract, and violation of the Tennessee Securities Act. The plaintiff asserts that the defendants, his two brothers who are majority shareholders in the family corporation, the corporation, as an alter ego or veil of the majority shareholders, and an officer and director of the corporation, used fraudulent expense and contract-kickback schemes to lower the book value of the corporation’s stock when plaintiff executed an option to sell agreement. The trial court granted summary judgment to the defendants. We reverse and remand.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Joe C. Morris
Madison County Court of Appeals 05/19/99
Atty. Gen. vs. Elk View Land & Gravel

03A01-9808-CV-00247
Court of Appeals 05/19/99
Grimes vs. Grimes

01A01-9809-CH-00483

Originating Judge:James L. Weatherford
Maury County Court of Appeals 05/13/99
Collins vs. Willis

01A01-9808-CH-00433

Originating Judge:Jeffrey F. Stewart
Coffee County Court of Appeals 05/13/99
Henry vs. Metro Gov't

01A01-9804-CV-00208
Davidson County Court of Appeals 05/13/99
Cobble vs. Shewmake et al

01A01-9803-CV-00169
Court of Appeals 05/13/99
Charles Belk vs. Obion Co.

02A01-9807-CV-00189

Originating Judge:William B. Acree
Obion County Court of Appeals 05/11/99
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X2010-0000-XX-X00-XX

Originating Judge:Floyd Peete, Jr.
Shelby County Court of Appeals 05/11/99
The Realty Shop vs. RR Westminster Holding

01A01-9609-CH-00418
Court of Appeals 05/11/99
Robert Belch vs. Delisa Alsup

02A01-9806-CH-00165

Originating Judge:Joe C. Morris
Madison County Court of Appeals 05/11/99
State vs. William Cox vs. A.C. Gilless

02A01-9806-CR-00154

Originating Judge:W. Fred Axley
Shelby County Court of Appeals 05/10/99
Gordon Peters vs. Sharon Peters

02A01-9810-CH-00283

Originating Judge:Joe C. Morris
Madison County Court of Appeals 05/10/99
Annette Willis Clay v. Kerry Clay

02A01-9803-CV-00059

Annette Clay (“Wife” or “Appellant”) appeals the judgment of the trial court which granted a divorce to Annette Clay and Kerry Clay (“Husband” or “Appellee”), awarded to Husband $17,270.00 of Wife’s total retirement benefit, awarded to Wife $212.00 of Husband’s $28,460.80 workers’ compensation settlement, and failed to award any amount of Husband’s workers’ compensation settlement as child support for the parties’ children.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge D'Army Bailey
Shelby County Court of Appeals 05/07/99
Quality First Staffing Services, v. Chase-Cavett Services, Inc., and Personnel Plus, Inc.

02A01-9807-CH-00205

James Richardson (“Richardson”) and James Taylor (“Taylor”), officers and agents 1It is not nec essary tha t the perso n who is c harged with conte mpt b e a party to the underlying proceeding. Tennessee Code Annotated §29-9-102(3) states that a court can inflict punishments for contempts of court for “the willful disobedience or resistance of an y officer of the said courts, party, juror, witness, or any other person to any lawful writ, pro cess, o rder, rule, de cree, or command of sa id courts .” (em phasis added). It is also not necessary that the proceedings out of which the contempt arose be complete. A judgment of contempt fixing punishment is a final judgment from w hich app eal will lie. Hall v . Hall, 772 S.W.2d 432, (Tenn.App. 1989 ); Rules App.Proc., Rule 3(a). 2 of Personnel Plus, Inc. (“Personnel”) appeal the ruling of the trial court holding them in contempt for failure to pay Sixty Seven Thousand Dollars ($67,000.00) owed by Personnel to Quality First Staffing Services (“Quality”) into the Registry of the Chancery Clerk.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor C. Neal Small
Shelby County Court of Appeals 05/07/99
George Weatherby Sickler, III v. Cletus Joy Sickler

01A01-9710-CV-00571

This appeal involves the division of property and the award of alimony as between parties who were married for many years. On appeal, the appellant is challenging the trial court's characterization of certain property as marital property, the trial court's division of the marital estate, and the trial court's failure to award both periodic alimony as well as attorney fees and costs to the wife. The decision of the trial court is affirmed with regard to certain matters and reversed with regard to others.

Authoring Judge: Judge William B. Cain
Originating Judge:Judge Henry D. Bell
Williamson County Court of Appeals 05/05/99
Willie Perry, v. Robert Conley, et al.

02A01-9812-CV-00369

Willie Perry ("Perry" or "Appellant") appeals the judgment of the trial court granting summary judgment to Appellees Robert Conley, et al. ("Appellees").

 

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Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Joseph A. Walker
Court of Appeals 05/05/99
Louis Sullivan (King), v. Allison Grant King, Jr.

01A01-9803-CV-00116

This case involves a mother's post-divorce petition to modify custody. The trial court dismissed the petition and awarded attorney fees to the father's attorney. The mother asserts that circumstances have changed such that it is now in the children's best interests to live with her. We do not find that the mother has made the requisite showing of changed circumstances, and, accordingly, we affirm the decision of the trial court.


Originating Judge:Judge Muriel Robinson
Davidson County Court of Appeals 05/05/99
John C. Tomlinson v. Tennessee Department of Correction - Concurring

01A01-9804-CH-00204

In this appeal, a state prisoner appeals the trial court’s dismissal of his action in which he contends that he is entitled to the benefit of the 1989 Sentencing Reform Act’s allegedly lesser sentences for armed robbery, aggravated rape and aggravated kidnaping rather than the sentences imposed upon him at the time of his convictions in 1983. He also contends he is entitled, as a matter of law, to certain sentence reduction credits. Finally, he contends that, taken together, the downward adjustments of his sentence on the basis of these two contentions would entitle him to immediate release from custody. We affirm the dismissal of the prisoner's petition because it fails to state a claim upon which relief can be granted.

Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 05/05/99
Marybeth Hogan v. George Lawson Yarbro

02A01-9905-CH-00119

This is a post-divorce action. The mother filed a petition to enforce the provisions of the marital dissolution agreement. The agreement provided for payment of attorney’s fees and costs for legal action to enforce the marital dissolution agreement. The trial court denied the mother’s request for attorney’s fees and costs. We reverse and remand.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Joe C. Morris
Madison County Court of Appeals 05/01/99
Scott vs. Scott

01A01-9806-CH-00272

Originating Judge:Don R. Ash
Rutherford County Court of Appeals 04/30/99