Court of Appeals Opinions

Format: 02/26/2015
Format: 02/26/2015
02A01-9502-CH-00030
Authoring Judge:
Trial Court Judge: C. Neal Small
Shelby County Court of Appeals 05/21/96
01A01-9601-CH-00030
Authoring Judge:
Trial Court Judge: Ellen Hobbs Lyle
Davidson County Court of Appeals 05/17/96
01A01-9510-JV-00479
Authoring Judge:
Trial Court Judge: Andrew J. Shookhoff
Davidson County Court of Appeals 05/17/96
01A01-9510-JV-00474
Authoring Judge:
Trial Court Judge: Andrew J. Shookhoff
Davidson County Court of Appeals 05/17/96
01A01-9510-CH-00481
Authoring Judge:
Trial Court Judge: Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 05/17/96
02A01-9502-CH-00025
Authoring Judge:
Trial Court Judge: Dewey C. Whitenton
Fayette County Court of Appeals 05/16/96
01A01-9508-CH-00365
Authoring Judge:
Trial Court Judge: Allen W. Wallace
Court of Appeals 05/15/96
01A01-9506-JV-00262
Authoring Judge:
Trial Court Judge: W. Nowlin Taylor
Bedford County Court of Appeals 05/15/96
03A01-9509-CH-00318
Authoring Judge:
Trial Court Judge:
Carter County Court of Appeals 05/14/96
Waymon Frederic Axley, v. Beverly Anne Mallette Axley
02A01-9412-CV-00283
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor W. Michael Maloan

After a thirty year marriage,1 Waymon Frederic Axley (Husband) and Beverly Anne Mallette Axley (Wife) were divorced by final decree entered by the trial court in August 1994.2 This appeal concerns the trial court’s award to Wife of $1,500 per month as alimony in futuro and, as additional alimony, $177.62 per month for 36 consecutive months to continue Wife on Husband’s health insurance through his employer. Wife seeks an increase in the award as well as her attorney’s fees for services rendered in this appeal. She frames the issues as follows:

Shelby County Court of Appeals 05/09/96
Terry T. Johnson, v. Michael H. McCommon & MLG & W
02A01-9502-CV-00029
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Wyeth Chandler

This action was brought against Michael McCommon and Memphis Light, Gas, and 2 Water (MLG&W) for personal injuries sustained when McCommon, an employee of MLG&W, struck plaintiff with his vehicle. McCommon was dismissed from the suit prior to trial. Following a bench trial, the lower court held that plaintiff's negligence was greater than that of the defendant and that plaintiff proximately caused her own injuries. Because we do not find that the evidence preponderates against the trial court's determination, we affirm the judgment dismissing plaintiff's case.

Shelby County Court of Appeals 05/09/96
Waymon Frederick Axley, v. Beverly Anne Mallette Axley
02A01-9412-CV-00283
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor W. Michael Maloan

After a thirty year marriage,1 Waymon Frederic Axley (Husband) and Beverly Anne Mallette Axley (Wife) were divorced by final decree entered by the trial court in August 1994.2 This appeal concerns the trial court’s award to Wife of $1,500 per month as alimony in futuro and, as additional alimony, $177.62 per month for 36 consecutive months to continue Wife on Husband’s health insurance through his employer. Wife seeks an increase in the award as well as her attorney’s fees for services rendered in this appeal. She frames the issues as follows: I. Did the trial judge err by awarding Wife only $1,500 per month in periodic alimony? II. Should this Court remand this matter to the trial court with the instruction to set a reasonable amount of attorney’s fees for this appeal?

Shelby County Court of Appeals 05/09/96
Joyce Ann Neal, Individually and as parent and next of kin of the minor child, Brandon Devoris Neal, v. Fayette County Board of Education, Dale Summitt, et al.
02A01-9412-CV-00271
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Jon Kerry Blackwood

This matter arose out of a personal injury action brought against Fayette County 2 Board of Education by plaintiff, Joyce Ann Neal, as parent and next of kin of Brandon Neal, a minor. Brandon, age eleven, was injured while playing basketball when his finger became caught in the goal. Reasoning that the goal was neither dangerous nor defective and that Brandon caused his own injuries through his misuse of the goal, the trial court held in favor of the school board. On appeal, plaintiff contends that the evidence preponderates against the trial court's determination that the goal was not dangerous or defective. Plaintiff further alleges that the trial court erred in failing to find that the school board was negligent. For the reasons stated below, we find these contentions to be without merit; therefore, we affirm the trial court's judgment.

Fayette County Court of Appeals 05/09/96