APPELLATE COURT OPINIONS

This appeal involves a marriage that failed in less than three years. The husband filed suit in the Circuit Court for Sequatchie County seeking a divorce and the enforcement of the parties’ prenuptial agreement. The wife also requested a divorce and challenged the validity of the prenuptial agreement. Following a bench trial, the trial court declared the parties divorced pursuant to Tenn. Code Ann. § 36-4-129(b) (1991) and upheld the prenuptial agreement. Accordingly, the trial court awarded the parties their personal property and directed the husband to assume certain credit card indebtedness and to provide the wife medical insurance for up to thirty-six months. Both parties take issue with various portions of the final divorce decree on this appeal. We have determined that the trial court erred by failing to consider the husband’s income earned during the marriage as marital property. Accordingly, we modify the division of marital property and the award of spousal support.

This is a medical malpractice case. Plaintiffs, Lisa and Ricky Prince, are  husband and wife. Lisa Prince ("Plaintiff") was injured during out-patient surgery, allegedly as a result of improperly administered anesthetic.  Initially, the suit was brought against Coffee Medical Center, Dr.  Ramprasand (the surgeon), and Michael Cruz (the nurse anesthetist).  Dr. Ramprasand and Cruz settled with Plaintiffs and were dismissed prior to this action. Plaintiff alleges on appeal that Coffee Medical Center ("CMC") was negligent in failing to establish adequate anesthetic policies and procedures and in failing to enforce its own anesthesia policies and procedures. The trial court granted summary judgment in favor of CMC and Plaintiff has appealed. For the reasons stated below, we reverse.

This is an appeal of a nonjury action in chancery form originally brought to rescind a contract for the sale of real estate and for damages to real property. The complaint was filed on January 22, 1 1991. Four separate hearings have been held in this cause. The first hearing was held without intervention of a jury. The second and third hearings were heard in the presence of a jury, and the fourth hearing in this cause was held without a jury. Following the fourth trial in the Chancery Court of GilesCounty, Tennessee, the chancellor entered a judgment against appellant for $22,279.59. The defendant, Earl Laursen, timely filed a notice of appeal from the final order entered January 9, 1995. The defendant, Delorita Laursen, did not perfect her appeal by filing a notice of appeal and is not before this Court. See, e.g., Town of Carthage, Tennessee, et al. v. Smith County, Tennessee, No. 01-A-01-9308-CH-00391 (Tenn. App., March 8, 1995). The appeal by the defendant/appellant, Earl Laursen, has been perfected and is properly before this Court. The appellant contends that the trial court erred in not having a jury hear the fourth case and in assessing damages to the real property. We reverse and remand for reasons that will hereinafter be shown.

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.