APPELLATE COURT OPINIONS

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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

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.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Robert S. Brandt
Davidson County Court of Appeals 07/02/97
Sandra J. Scott, v. Dr. Gerald B. Calia

03A01-9608-CV-00270

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.

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge James B. Scott, Jr.
Anderson County Court of Appeals 07/02/97
Chong Y. Struck v. Gary L. Struck - Concurring

01-A-01-9612-CH-00547

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.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Robert E. Corlew, III
Rutherford County Court of Appeals 07/02/97
Ann Elizabeth Dudenhoeffer v. George Daniel Dudenhoeffer

02A01-9607-CH-00160

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.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor Joe C. Morris
Madison County Court of Appeals 07/02/97
Helen S. Rogers v. Tom E. Watts, Jr. - Dissenting

01-A-01-9611-CV-00500

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.

Authoring Judge: Judge Ben H Cantrell
Davidson County Court of Appeals 07/02/97
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

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.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Henry Denmark Bell
Williamson County Court of Appeals 07/02/97
Beverly Fay Melton v. Danny Joe Melton

02A01-9701-CH-00022

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.
 

Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge W. Michael Maloan
Weakley County Court of Appeals 07/02/97
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

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."

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge Samuel H. Payne
Hamilton County Court of Appeals 07/02/97
Helen S. Rogers vs. Tom E. Watts, Jr. - Concurring

01-A-01-9611-CV-00500

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.

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Thomas W. Brothers
Davidson County Court of Appeals 07/02/97
Anthony P. Guiliano v. Cleo Inc. - Concurring

02A01-9608-CV-00201

This is a breach of an employment contract case. Defendant, Cleo, Inc. (Cleo), appeals the order of the trial court granting summary judgment in favor of plaintiff, Anthony P. Guiliano (Guiliano).

Authoring Judge: Judge W. Frank Crawford
Originating Judge:Judge James E. Swearengen
Shelby County Court of Appeals 07/01/97
Lorraine Burton Spears Marcus vs. Trent Wright Marcus - Concurring

02A01-9611-CH-00278

This case is a procedural quagmire. The dispositive issue on appeal, though not of the merits, of the case, is whether the Chancellor was correct in declining to assume jurisdiction of it.

Authoring Judge: Judge William H. Inman
Originating Judge:Chancellor Floyd Peete
Shelby County Court of Appeals 07/01/97
Flanagan vs. Flanagan

03A01-9612-GS-00404
Court of Appeals 06/30/97
Wilson vs. Wilson

03A01-9610-CH-00322
Blount County Court of Appeals 06/30/97
Cinda Kay Cantrell vs. James Clarence Cantrell & Marie Loya

01A01-9603-CV-00091

Originating Judge:Marietta M. Shipley
Davidson County Court of Appeals 06/27/97
James Thigpen vs. First City Bank

01A01-9603-CV-00095

Originating Judge:Don R. Ash
Rutherford County Court of Appeals 06/27/97
Emma Crowe vs. James Craig, et al

02A01-9612-CV-00297

Originating Judge:Whit A. Lafon
Madison County Court of Appeals 06/27/97
Cannon vs. Cannon

03A01-9702-CV-00059
Blount County Court of Appeals 06/27/97
Jere Rogers, et ux vs. Mark Davis, et al

02A01-9610-CH-00258

Originating Judge:Homer W. Bradberry
Fayette County Court of Appeals 06/27/97
Robert & Frances Pilgrim vs. Edward Frazier

02A01-9611-CV-00294

Originating Judge:Joe G. Riley. Jr.
Dyer County Court of Appeals 06/27/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 06/27/97
Shava Lynn Kendrick vs. Larry Bert Kendrick

M2004-00540-COA-R3-CV
This case involves a father's efforts to protect his children from their mother's sexually abusive relatives. When the mother filed for divorce in the Chancery Court for Houston County, she also filed a notice of intent to relocate with the children to the State of New York to be closer to her family, including a stepfather who had sexually abused and raped her when she was a child. Following a bench trial, the trial court declared the parties divorced, designated the mother as the primary residential parent, and permitted the mother to move to the State of New York with the parties' children. The father has appealed, arguing first that the trial court's custody and relocation decisions have exposed the children to an unreasonable risk of sexual abuse and second, that the trial court erred by refusing to designate which of the parties should be permitted to claim the children as tax exemptions. We have determined that the trial court erred by allowing the mother and the children to move to the State of New York without sufficient proof regarding their safety. We have also concluded that the court erred by refusing to address the parties' tax exemption issues.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Leonard W. Martin
Houston County Court of Appeals 06/26/97
Diane Watters vs. William Watters & General Mills

02A01-9511-CH-00254

Originating Judge:Floyd Peete, Jr.
Shelby County Court of Appeals 06/24/97
Gerald White/White Trucking vs. Aquarius Industries, Inc.

02A01-9605-CV-00129

Originating Judge:Mcginley
Hardin County Court of Appeals 06/23/97
Nickolas Price, et al vs. Christian Price

02A01-9609-CH-00228

Originating Judge:Floyd Peete, Jr.
Shelby County Court of Appeals 06/20/97
Bobbie & Willie Byrd vs. First Tennessee Bank

02A01-9610-CV-00252
Court of Appeals 06/20/97