APPELLATE COURT OPINIONS

02C01-9808-CC-00256

02C01-9808-CC-00256
Fayette County Court of Criminal Appeals 06/17/99
Kenneth Smith v. State of Tennessee

W2003-01618-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Originating Judge:Jon Kerry Blackwood
Fayette County Court of Criminal Appeals 06/17/99
Brittney Patterson vs. Jerry Dunn

02A01-9710-CV-00256

Originating Judge:John Franklin Murchison
Haywood County Court of Appeals 06/16/99
State vs. Khanh Le

W1998-00637-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:W. Fred Axley
Shelby County Court of Criminal Appeals 06/16/99
State vs. Tracy Pendrgrass

03C01-9808-CC-00291
Bledsoe County Court of Criminal Appeals 06/16/99
State vs. Reginald Gillespie

03C01-9706-CR-00222
Greene County Court of Criminal Appeals 06/16/99
State vs. Mark J. Turner

01C01-9703-CR-00071
Davidson County Court of Criminal Appeals 06/16/99
Gary Vick vs. Linda Vick

02A01-9802-CH-00051

Originating Judge:John Walton West
Benton County Court of Appeals 06/16/99
Margaret Parker vs. Kroger Co.

02A01-9812-CV-00373

Originating Judge:James F. Russell
Shelby County Court of Appeals 06/15/99
State vs. Kenneth Henderson

02C01-9808-CC-00243
Fayette County Court of Criminal Appeals 06/15/99
Memphis Credit Union vs. Mary Montgomery

02A01-9810-CV-00286

Originating Judge:Karen R. Williams
Shelby County Court of Appeals 06/15/99
David Swett, Sr. v. Grace Z. Aleman Swett

M1998-00961-COA-R3-CV
This appeal involves the dissolution of a nine-year marriage. Following a bench trial in the Circuit Court for Davidson County, the trial court found both parties to be at fault but awarded the divorce to the wife. The court also granted the parties joint custody of their son and divided their property. On this appeal, the wife asserts that the trial court erred by concluding that her conduct contributed to the divorce and by refusing to give her sole custody of the parties' son. Both parties take issue with the manner in which the trial court divided their property. The wife asserts that the trial court erred by classifying the husband's interest in the real property on which his family's restaurant is located as separate property and by failing to award her a portion of the appreciation in the value of his family restaurant business. The husband takes issue with the trial court's refusal to award him certain items of household furnishings. Finally, the wife asserts that she is entitled to post-judgment interest on the judgment used to equalize the distribution of the marital estate, as well as her legal expenses incurred on appeal. We have determined that the trial court's fault determination, joint custody arrangement, and division of marital property are supported by the record. Accordingly, we affirm the judgment and deny the wife's request for appellate legal expenses.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Muriel Robinson
Davidson County Court of Appeals 06/15/99
Teresa Barham v. Grinnell Corporation

02S01-9807-CH-00065
Authoring Judge: J. Steven Stafford, Special Judge
Originating Judge:Hon. Joe C. Morris,
Chester County Workers Compensation Panel 06/15/99
State vs. Willie Cunningham

02C01-9801-CR-00022
Shelby County Court of Criminal Appeals 06/15/99
Nps Energy Services, Inc. v. William E. Rankin

01S01-9805-CH-00088
Authoring Judge: Per Curiam
Originating Judge:Hon. Irvin H. Kilcrease
Davidson County Workers Compensation Panel 06/15/99
Nick Allen Parker v. Traveler's Ind. Co.& The Aetna Casualty& Surety Co

01S01-9803-CH-00054
Authoring Judge: Per Curiam
Originating Judge:Hon. J. Richard Mcgregor
Warren County Workers Compensation Panel 06/15/99
Randall Henley, et al vs. Russell Amacher, et al

M1999-02799-COA-R3-CV
This appeal involves an early morning, drunken joyride by four teenagers that ended when their sport utility vehicle overturned. One of the passengers who was injured when he was thrown from the vehicle sued the driver and his father in the Circuit Court for Franklin County seeking $200,000. A jury assessed the passenger's damages and attributed 75% of the fault to the driver and 25% of the fault to the passenger. In accordance with the jury's verdict, the trial court awarded the passenger a $34,125 judgment against the driver and his father. On this appeal, the driver and his father take issue with (1) the allocation of less than 50% of the fault to the passenger, (2) the lack of evidence to support the application of the family purpose doctrine, (3) the awards for permanent impairment and future medical expenses, and (4) the trial court's refusal to give two requested instructions. We have determined that the only reversible error in the proceeding involves the jury's decision to award the passenger $20,000 for future medical expenses. Accordingly, we affirm the jury's verdict as to liability and allocation of fault. With regard to the damage award, we suggest a remittitur which, if accepted, will reduce the passenger's judgment to $19,125.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Buddy D. Perry
Franklin County Court of Appeals 06/14/99
Matthews vs. Pickett County, Tennessee

01S01-9801-FD-00005

Originating Judge:David A. Nelson
Pickett County Supreme Court 06/14/99
Brewer vs. Lincoln Brass Works

01S01-9609-CV-00196
Supreme Court 06/14/99
02A01-9802-CH-00269

02A01-9802-CH-00269

Originating Judge:George R. Ellis
Gibson County Court of Appeals 06/14/99
Becky Chenault vs. William Carsley

02A01-9710-CV-00255

Originating Judge:William B. Acree
Shelby County Court of Appeals 06/14/99
01C01-9803-CC-00129

01C01-9803-CC-00129
Wayne County Court of Criminal Appeals 06/11/99
Katherine Theresa DeVault, v. James Canon DeVault, Jr.

01-A-01-9806-CV-00270

This appeal involves a dispute over child support for the parties' two minor children. The trial court denied the Father's petition to modify the support as it had been set in the final decree. In addition, the court placed a lien on two of the Father's properties and awarded fees to the Mother's attorney. On appeal, we affirm the court's decision with regard to child support and attorney fes. However, regarding the lien, we modify the trial court's decision such that a lien remains on only one of the Father's proerties. Accordingly, the decision of the trial court is affirmed as modified and remand for further proceedings.

Authoring Judge: Judge William B. Cain
Originating Judge:Judge Muriel Robinson
Davidson County Court of Appeals 06/11/99
In the matter of S.MC. and J.L.C.

01A01-9807-JV-00358

Originating Judge:Andrew J. Shookhoff
Davidson County Court of Appeals 06/11/99
Almetter Chalmers vs. Exchange Ins.

02A01-9711-CV-00280

Originating Judge:George H. Brown
Shelby County Court of Appeals 06/10/99