APPELLATE COURT OPINIONS

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Sandra Diane Moore, v. Danny Michael Moore

W1998-00379-COA-R3-CV

This appeal arises from an action for divorce filed by plaintiff-Wife in the Crockett County Chancery Court. Following defendant-Husband’s answer and counter-complaint for divorce, the parties entered into a consent order for support and other relief. The court entered an order granting divorce and approving the parties’ agreement. Subsequently, the court entered an order awarding Wife alimony in futuro and a significant amount of the marital assets. The court also found that stock in a corporation was a marital asset and included the stock in Husband’s award of marital assets. Husband appeals both the award of alimony and the court’s characterization of the corporation stock as a marital asset. Tenn.R.App.P. Rule 3 Appeal as of Right; Judgment of the Chancery Court is Affirmed in Part, Reversed in Part and Remanded.
 

Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor George R. Ellis
Crockett County Court of Appeals 06/01/00
State of Tennessee v. James M. Lane, Jr.

1999-00615-CCA-R9-CD

James M. Lane, Jr. appeals by permission of the trial and appellate courts. Indicted for two counts of aggravated perjury, he alleges that the trial court abused its discretion in failing to reverse the district attorney general’s denial of pretrial diversion. Because the prosecutor relied upon improper grounds for denying diversion, we reverse the trial court’s finding that the prosecutor did not abuse his discretion in denying diversion. We remand to the trial court with instructions that the prosecutor enter into a memorandum of understanding for pretrial diversion with the defendant.

Authoring Judge: Judge Witt
Originating Judge:Judge Rebecca J. Stern
Hamilton County Court of Criminal Appeals 06/01/00
Clark Earls vs. Shirley Earls

M1999-00035-COA-R3-CV
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Russell Heldman
Williamson County Court of Appeals 05/31/00
Richardson vs. TDOC

M1999-02796-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 05/31/00
Beatrice Holiday vs. Shoneys South

W1999-01173-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:John R. Mccarroll, Jr.
Shelby County Court of Appeals 05/31/00
Clark Earls vs. Shirley Earls

M1999-00035-COA-R3-CV
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Russell Heldman
Williamson County Court of Appeals 05/31/00
State vs.Robert A. Norris & Lida A. Meador

E1999-00485-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Leon C. Burns, Jr.
Cumberland County Court of Criminal Appeals 05/31/00
Limbaugh vs. Coffee Medical Center

M1999-01181-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:John W. Rollins
Coffee County Court of Appeals 05/31/00
D. A. Price vs. P. C. Price

E1999-00102-COA-R10-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Dale Young
Blount County Court of Appeals 05/31/00
Charles McDonald vs. Dixie White Ishee

W1998-00258-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Joe C. Morris
Shelby County Court of Appeals 05/31/00
Miltier, III vs. Miltier (Buhls)

E1999-00887-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Jean A. Stanley
Carter County Court of Appeals 05/31/00
Grandstaff vs. Hawks

M1998-00909-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Bobby H. Capers
Wilson County Court of Appeals 05/31/00
Steven C. Mohn, et ux vs. Bernard Graff, et al

E1999-01015-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas R. Frierson, II
Hamblen County Court of Appeals 05/31/00
Clark Earls vs. Shirley Earls

M1999-00035-COA-R3-CV
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Russell Heldman
Williamson County Court of Appeals 05/31/00
Speakman vs. Ada Ferrell Garden Apts.

M1999-00509-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:L. Craig Johnson
Coffee County Court of Appeals 05/30/00
21812-COA-R3-CV

21812-COA-R3-CV

Originating Judge:Jeffrey F. Stewart
Sequatchie County Court of Appeals 05/30/00
Chadwell vs. Chadwell

M1999-00675-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jane W. Wheatcraft
Sumner County Court of Appeals 05/30/00
In re: Appalachian School of Law

M2000-00053-SC-BLE-CV
Supreme Court 05/30/00
Larry W. Barnes v. The Goodyear Tire And Rubber

W2000-01607-COA-RM-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:W. Michael Maloan
Obion County Court of Appeals 05/30/00
State vs. Murriel Lee

W1999-01094-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Lee Moore
Dyer County Court of Criminal Appeals 05/30/00
Ronald & Bonnie Warf vs. Wayne Vincent

W1999-01542-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Walter L. Evans
Shelby County Court of Appeals 05/30/00
Tammy C. Powell vs. Charley Crisp, et al

E1999-02539-COA-R3-CV
This is a suit wherein Tammy C. Powell, formerly Bird, seeks custody of her minor children, Joshua Daniel Bird (DOB 2/2/86) and Cherish Richelle Bird (DOB 8/25/88), who are now in the custody of her parents. The Trial Court was of the opinion that the Court of Indian Offenses of the Eastern Band of Cherokee Indians, located in Cherokee, North Carolina, the Court which initially awarded a divorce to Richard Bird and later granted custody of the children to the maternal grandparents, Charley and Peggy Crisp, had exclusive jurisdiction of any action seeking to change custody, and accordingly dismissed the petition. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Jerri S. Bryant
Bradley County Court of Appeals 05/30/00
Barnes vs. Goodyear

W1997-00247-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Originating Judge:W. Michael Maloan
Obion County Supreme Court 05/30/00
Wielgus vs. Dover Industries

M1999-00173-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Robert E. Corlew, III
Rutherford County Court of Appeals 05/30/00
Berryhill vs. Rhodes

W1997-00167-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Originating Judge:Kenneth A. Turner
Shelby County Supreme Court 05/30/00