APPELLATE COURT OPINIONS

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Throneberry Properties et al vs. Allen

01A01-9710-CH-00612
Rutherford County Court of Appeals 10/14/98
Metric Partners Growth Suite Investors vs. Nashville Lodging

01A01-9712-CH-00723

Originating Judge:Henry F. Todd
Court of Appeals 10/14/98
Sarah v. Peltz,

01A01-9711-CH-00659

Originating Judge:Henry Denmark Bell
Williamson County Court of Appeals 10/14/98
Logan vs. Logan

01A01-9711-CH-00660

Originating Judge:William C. Koch
Court of Appeals 10/14/98
Garrard vs. Metropolitan Gov't.

01A01-9803-CV-00117

Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 10/14/98
Turner vs. Donal Campbell et al

01A01-9802-CH-00089

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 10/14/98
Wallace vs. Wallace

01A01-9712-CC-00751

Originating Judge:Marietta M. Shipley
Davidson County Court of Appeals 10/14/98
Logan vs. Logan

01A01-9711-CH-00660

Originating Judge:John W. Rollins
Coffee County Court of Appeals 10/14/98
Baxter Neal Helson, v. Leticia Finley Cyrus

01-A01-9802-CH-00091

The issues in this appeal involve the lower court's order incorporating (1) a provision that a nine-year-old child did not have to visit with his father against this (the child's) wishes and (2) a provision that the mother was to arrange a private phone call between the child and his father once a week. We revers the order with respect to visitation. Otherwise we affirm.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Henry Denmark Bell
Williamson County Court of Appeals 10/14/98
Williams vs. Williams

01A01-9709-CV-00522

Originating Judge:Muriel Robinson
Davidson County Court of Appeals 10/14/98
01A01-9712-CH-00743

01A01-9712-CH-00743

Originating Judge:Vernon Neal
Pickett County Court of Appeals 10/14/98
Jimmy Hawkins vs. Dennis Ellis

02A01-9708-CH-00203

Originating Judge:Dewey C. Whitenton
McNairy County Court of Appeals 10/12/98
Randy Watkins vs. Vicki Watkins

02A01-9708-CH-00178

Originating Judge:Dewey C. Whitenton
Fayette County Court of Appeals 10/12/98
Jamie Hamilton vs. Gary Cook

02A01-9712-CV-00324

Originating Judge:William B. Acree
Obion County Court of Appeals 10/12/98
Charles Garrison v. James Stamps

M2001-02900-COA-R3-CV
Charles Garrison and James C. Stamps were involved in an automobile accident on October 10, 1998 wherein Garrison was seriously injured. Stamps was uninsured, and Garrison was beneficiary of uninsured motorists coverage under policies of insurance issued to his parents. With no suit ever filed against Stamps, Garrison and his parents reached an agreement with the uninsured motorists carriers whereby the carriers paid the limits of their uninsured motorists coverage. Charles Garrison being a minor, a Petition for court approval of the settlement was filed naming Stamps as the defendant, and an Order was entered approving the settlement. Garrison then filed suit against Stamps, which suit was met with a Summary Judgment Motion by Stamps claiming that he was released from liability by the settlement Order. Garrison filed a Tennessee Rule of Civil Procedure 60.02 Motion seeking to have the settlement Order revised to reflect the true facts of the settlement. This Motion was granted, and Stamps appeals. We hold that Stamps is without standing to assert any rights under the settlement Order and, on this basis, affirm the judgment.
Authoring Judge: Judge William B. Cain
Originating Judge:Robert P. Hamilton
Wilson County Court of Appeals 10/10/98
Mathivathani Mohan vs. Rathnasabapathy Mohan - Concurring/Dissenting

01-A-01-9708-CV-00415

This is an appeal from the final divorce decree of Rathnasabapathy Mohan ("the Husband") and Mathivathani Mohan ("the Wife") which was entered by  the lower court in December of 1996. The contested divorce action initiated by the Wife involved issues of custody, visitation, child support, alimony,  classification and division of marital property, and apportionment of marital debt. This appeal by the Husband emanates from the fact the Husband was not present when the final hearing took place.

Authoring Judge: Judge Walter W. Bussart
Originating Judge:Judge Marietta M. Shipley
Davidson County Court of Appeals 10/09/98
Mathivathani Mohan v. Rathnasabapathy Mohan - Dissenting

01A01-9708-CV-00415

I respectfully dissent from the majority opinion because I do not think the trial judge abused her discretion in denying the appellant’s motion for a new trial. The appellant’s motion does not set out what proof he would offer at a new trial and how that might change the result below. Therefore, I think the trial judge justifiably overruled the motion.

Authoring Judge: Judge Ben H. Cantrell
Court of Appeals 10/09/98
Max Norton and Long Outdoor Advertising, v. John McCaskill D/B/A City Sign Company

02A01-9712-CH-00325

This appeal involves a dispute over the duration of a lease. Defendant John A. McCaskill (McCaskill), doing business as City Sign Company (City Sign), appeals the Chancellor’s order granting partial summary judgment to plaintiffs Max Norton (Norton) and Long Outdoor Advertising (LOA).

Authoring Judge: Judge David V. Hayes
Originating Judge:Judge Joe C. Morris
Madison County Court of Appeals 10/07/98
ATS, Inc., v. James Curtis Kent and George V. Kenney, and Bill R. McLaughlin, Trustees for Union Planters National Bank, v. Keith M. Canfield, v. Mid-South Title Insurance Corp.

02A01-9802-CH-00038

This appeal involves the enforcement of a judgment lien where, subsequent to the attachment of the judgment lien, the encumbered real property was sold to a buyer who simultaneously granted a purchase money mortgage to a financial institution.

Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor D. J. Alissandratos
Shelby County Court of Appeals 10/07/98
Damon Alan Kratochvil a Minor by James L. Coone and Sonja Coone v. Danny Alan Kratochvil

03A01-9712-CH-00536

In this adoption case, Danny Alan Kratochvil (respondent) appeals the trial court's order terminating his parental rights regarding his son, Damon Alan Kratochvil. The biological mother's parental rights were terminated by default judgment, and she is not a party to this appeal. We affirm the judgment of the trial court.

Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor R. Vann Owens
Court of Appeals 10/02/98
Larry G. Relford, v. William DeRochie and Steve LaFon

03A01-9712-CV-00547

Larry G. Relford, an employee of William DeRochie, sued Mr. DeRochie and Steve LaFon, seeking damages for injuries received by him when he fell from a scaffold while framing a personal residence being erected for Mr. LaFon under a contract with Mr. DeRochie, the general contractor. As best we understand the complaint, it is grounded upon two theories-- first, that Mr. LaFon failed to provide a safe place for Mr. Relford to work and, second, that Mr. LaFon was, as contemplated by T.C.A. 50-6-111, a statutory employer and subject to the provisions of the Tennessee Workers' Compensation Statute.

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge Russell E. Simmons
Loudon County Court of Appeals 10/02/98
Jeremy P. Crye, a Minor by his next friend and Mother, Beverly A. Rogers, and Beverly A. Rogers, Individually v. Lloyd C. Norton and Mary B. Norton

03A01-9804-CV-00142

The plaintiff, Jeremy P. Crye, seeks to impose liability on Mary B. Morton for the act of her son, Lloyd C. Norton, in shooting him. The trial judge granted her motion for summary judgment without enlargement. The plaintiff appeals, and presents for review the issue of whether the proof relevant to the motion established a genuine dispute of a material fact, thus requiring a merit trial.

Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge Harold Wimberly
Knox County Court of Appeals 10/02/98
Karen Lynn Pilcher, and husband Keith A. Pilcher, v. A.L. Moneymaker, Jr., and wife, Roberta Moneymaker

03A01-9710-CV-00482

A. L. Moneymaker, Jr., and his wife Roberta Moneymaker appeal a judgment rendered by the Trial Court against them in the amount of $36,000 as a result of personal injuries sustained by Karen Lynn Pilcher and loss of consortium of her husband, Keith A. Pilcher. The suit arose as a result of a collision occurring on September 3, 1994, about 10:00 a.m., between a female dog named Spec, alleged to be owned by Mr. and Mrs. Moneymaker, and a bicycle being ridden by Mrs. Pilcher on Dutch Valley Road in Anderson County.

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge James B. Scott, Jr.
Anderson County Court of Appeals 10/02/98
Miles vs. Nelson

03A01-9711-CH-00500
Jefferson County Court of Appeals 09/30/98
Miles vs. Nelson

03A01-9711-CH-00500
Jefferson County Court of Appeals 09/30/98