APPELLATE COURT OPINIONS

The nature of this suit is stated in the complaint as follows: The purpose of this action is to set aside for the benefit of the estate of the said Lonnie Mae Lane the conveyances of the land
hereinafter described, which rendered the said Harvey Wesley Carrick and his estate insolvent and which were fraudulent as to creditors of Harvey Wesley Carrick and his estate.

The defendant Terry R. Farley, has appealed from the final judgment of the Trial Court in a controversy regarding his dealings with his deceased father, Benton James Farley.

This appeal involves the denial of parole to an inmate serving a twenty-year sentence for aggravated rape. The inmate filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County challenging the Tennessee Board of Parole’s decision. The trial court granted the board’s motion to dismiss. We affirm the dismissal because the inmate’s petition fails to state a claim upon which relief can be granted. A common-law writ of certiorari cannot be used to review the intrinsic correctness of the parole board’s decision.

The sole issue presented by the appellant is: "Did the trial court err by awarding custody of the appellant's minor child to a third party?"

This is a suit for wrongful death by suicide allegedly resulting from negligence of the defendant, a psychiatrist. After a jury could not agree upon a verdict, the Trial Judge directed a verdict and dismissed the suit. Plaintiff has appealed and presented a single issue as follows:

This is a grandparent's visitation case. Plaintiff, Donna Faye Glover England, is the maternal grandmother of Skylar Piercey, age four. Skylar's natural mother died in December of 1993. Skylar's natural father, Richard Piercey, now refuses to allow England to see Skylar. England filed a petition for grandparent visitation. The trial court dismissed the case based upon the Tennessee Supreme Court decision of Hawk v. Hawk, 855 S.W. 2d 573 (Tenn. 1993), reasoning that Hawk allows Piercey as the natural father, to deny England the right to see Skylar in the absence of a showing of substantial harm to the child. We affirm the decision of the trial court.

This is an appeal by plaintiffs/appellants, Jerry and Nancy Adcock, from the judgment of the trial court in favor of defendant/appellee, James F. Witcher.

This appeal arises from a dispute over a will in which a 93-year-old man left his estate to three of his four surviving daughters. The daughter who was not named in her father’s will challenged the validity of the will after her sisters propounded it for probate in the Chancery Court for Trousdale County. The chancery court transferred the case to the Circuit Court for Trousdale County where a jury found in favor of the will. The daughter who contested the will has appealed. We have determined that no reversible error was committed in the circuit court proceeding and, therefore, affirm the circuit court’s judgment and remand the case to the chancery court for further probate proceedings.

This is a divorce case in which Wife appeals the judgment of the trial court regarding, inter alia, the division of marital property and the trial court's allowance of expert testimony.

The Chancery Court of Davidson County dismissed the appellant's petition for declaratory judgment, filed pursuant to Tenn. Code Ann. § 4-5-223, to review the Department of Correction's calculation of the credits due on his prison sentences. The chancellor concluded that the appellant had failed to exhaust his administrative remedies.

Appellants' appeal from the Chancellor's determination that the denial of unemployment benefits was properly based on the employees' misconduct connected with their work.

This is a divorce case in which the Wife appeals the trial court's division of marital property and the court's award of custody to the Husband.

This is a suit to register and enforce a foreign divorce decree. The only issue on appeal is the proper amount of the judgment for delinquent child support.

The General SessionsCourt of Wilson County granted the wife a divorce after a six month marriage. The court ordered the marital residence sold and the wife paid $2,000 for her attorney's fees and $10,000 to equalize her equity in the property. After the deductions, the balance of the equity was to be split evenly between the parties.

This is a declaratory judgment action to determine coverage under aninsurance policy. Plaintiff, Wright Jewelers, Inc., appeals from the order of the trial court denying its motion for summary judgment and granting summary judgment to defendant, Firemen's Fund Insurance Company, d/b/a The American Insurance Company.

This appeal involves a suit to recover on a policy of insurance covering employee dishonesty. Plaintiff, Strings & Things in Memphis, Inc., appeals from the judgment of the chancery court in a nonjury trial that dismissed its suit against defendant, State Auto Insurance Companies. The only issue on appeal is whether the evidence preponderates against the findings of the chancellor.

The Defendant, Brenda Fishburn, has appealed from an order denying her motion to set her counterclaim for trial. The motion was filed more than two years after an order had been entered dismissing the counterclaim and approximately 18 months after an agreed compromise decree had been  entered dismissing the claims of all parties to the litigation.

This appeal involves the dismissal of a nine-year-old personal injury action stemming from a collision between a truck and an automobile that was part of a funeral procession. The driver of the automobile and his wife filed suit in the Circuit Court for Davidson County against the owner and driver of the truck. Following two non-suits, the plaintiffs filed their third complaint more than five years after taking their first non-suit. The trial court granted the defendants’ motion for summary judgment based on the statute of limitations. The plaintiffs assert on this appeal that the trial court’s decision is inconsistent with the “spirit” of the savings statute as recently construed by the Tennessee Supreme Court. We affirm the summary judgment and also find that this appeal is frivolous. Accordingly, we remand the case for the determination of damages for a frivolous appeal.

This is an appeal by defendants/appellants from the trial court's order granting plaintiff/appellee's motion for summary judgment and the resulting judgment entered in favor of plaintiff/appellee, C.A. Hobbs, Jr., Inc. ("Hobbs").

This appeal involves a divorce that ended a brief, unhappy marriage. Both the husband and the wife sought a divorce in the Chancery Court for Williamson County. The trial court, sitting without a jury, declared the parties divorced and directed the husband to pay certain pre-divorce debts and to continue making pendente lite support payments until the wife received her share of the increase in the parties’ net worth during the marriage. The trial court later ordered the husband to pay the wife an additional $4,405 for the legal expenses she incurred to compel compliance with her discovery requests. The husband insists on this appeal that the trial court should not have required him to assume the debts the wife incurred prior to the divorce or to pay the wife’s discovery-related legal expenses. We have determined that the evidence supports the trial court’s decision on both issues and, therefore, affirm the judgment

This is a proceeding for judicial review of the action of the Metropolitan Council, the elected legislative body of the Metropolitan Government of Nashville and Davidson County, Tennessee, in refusing to concur in the action of the Metropolitan Planning Commission approving a "Planned Unit Development." The Trial Court reversed the action, and the City filed notice of its "intention to appeal" which, in the absence of challenge, will be treated as a notice of appeal.

This is a suit to invalidate an annexation ordinance of the City of Murfreesboro. The plaintiff appealed from the dismissal of his suit, although neither party questioned the adequacy of the description of the land to be annexed. On October 26, 1994, this Court filed an opinion pointing out the infirmities of the ordinance and remanded to allow such infirmities to be remedied.

Net Realty Holding Trust ("NET") the owners of commercial property in Hermitage, Tennessee, brought an action to collect rent after the tenants, James and Dorothy Maggart, (doing business as "The Video Place") surrendered the premises. The Davidson County Chancery Court held that NET was estopped from collecting rent through the end of the lease term.