Court of Appeals Opinions

Format: 08/22/2014
Format: 08/22/2014
James Jennings, v. Charles Traughber, et al.
01A01-9509-CH-00390
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Robert S. Brandt

Petitioner James Jennings, an inmate at CCA-South Central Correctional Center 2 acting pro se, sought judicial review of the decision rendered by the Tennessee Board of Parole ("TBOP"), revoking Petitioner's parole, by common law writ of certiorari. The Chancery Court, Davidson County, granted the Motion to Dismiss filed by Respondent, Charles Traughber, Chairman, TBOP. Petitioner appeals the chancellor's decision.

Davidson County Court of Appeals 03/06/96
Brenda L. Gray, v. Stephen D. Gray
01A01-9508-CV-00359
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Thomas Goodall

Following a marriage of approximately eight years, Wife filed a complaint for absolute divorce in November 1993. In her complaint, she alleged adultery, inappropriate marital conduct, and
irreconcilable differences. Husband answered and filed a countercomplaint which alleged cruel and inhuman treatment, inappropriate marital conduct, and irreconcilable differences.

Sumner County Court of Appeals 03/06/96
Kyle Edward Dangler, Lisa Ann Dangler v. Edward Eugene Dangler, father, Patricia G. Dangler, and Edward C. Dangler, Grandparents
01A01-9504-CV-00169
Authoring Judge: Senior Judge Tomlin
Trial Court Judge: Judge Jim T. Hamilton

This case involves the application and interpretation of certain provisions of the Uniform Child Custody Jurisdiction Act (UCCJA) as enacted by the states of Missouri and Tennessee, T.C.A. §§ 36-6-201 to 36-6-225 (1991), as well as the Federal Parental Kidnapping Prevention Act (PKPA). 28 U.S.C.A. § 1738A (1994). The courts of this state first became involved with this tragic set of complicated circumstances when Lisa Ann Dangler (“petitioner”), a resident of Missouri, filed suit in the Circuit Court of Maury County, Tennessee (“Tennessee trial court”) seeking to have that court enroll a foreign judgment from the state of Missouri and to enforce a writ of habeas corpus issued by the Circuit Court of Barry County, Missouri (“Missouri trial court”), which had as part of a divorce proceeding in that court in 1983 awarded petitioner custody of the parties’ minor child. Named as 1Although the child’s father was named a respondent, the only truly active respondents in this case are the paternal grandparents of the child. 2 respondents are Eugene Edward Dangler (?father”) and the child’s paternal grandparents, Patricia G. Dangler and Edward C. Dangler (by name or ?respondents”).1 The court below held that it had jurisdiction of this case pursuant to T.C.A. § 36-6-201 and proceeded to award custody to the paternal grandparents, giving petitioner visitation rights. On appeal, petitioner has presented three issues for our consideration (1) whether the trial court erred in engaging in a “best interest of the child evaluation” in reaching a decision as to custody, absent a showing of substantial harm to the child; (2) whether the trial court erred in holding that the order of habeas corpus from the Missouri court was unenforceable in this state; and (3) whether petitioner is entitled to attorney’s fees in connection with this litigation.

Maury County Court of Appeals 03/06/96
Duane A. Peters v. Commonwealth Associates
03A01- 9508- CV- 00295
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge W. Dale Young

This is an action brought by Duane A. Peters (Peters) for alleged violations of the Tennessee Securities Act of 1980 and the Tennessee Consumer Protection Act of 1972. Peter's suit against Commonwealth Associates (Commonwealth) arose out of investments made by Peters through David Didkin, an agent of Commonweath. Commonwealth moved to stay this action and to compel arbitration of Peters' claim pursuant to T.C.A. § 29- 5-301 e t  s e q. , the Uniform Arbitration Act. In support of its motion, Commonwealth relied upon a written agreement, signed by Peters, wherein he agreed to submit al controversies between the parties to arbitration. The trial court granted Commonwealth's motion, staying ll proceedings in court and ordering the parties to proceed with arbitration. Peter's appeals raising the following issues:

Any condition, stipulation, or provision binding any person on acquiring any security to waive compliance with any provision of this part or any rule order hereunder is void.

Blount County Court of Appeals 03/05/96
Tina Harvey, et ux., v. Geneth Wolfer, D.O.
03A01-9512-CV-00452
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Senior Judge William H. Inman

Initially, this action was one for damages for the alleged medical malpractice of the defendant in dropping the plaintiff Tina Harvey or preventing her from falling and fracturing her ankle after an injection which may have caused numbness in her legs.

Hamilton County Court of Appeals 03/05/96
Lynda Diane Schmidt, v. Glenn Vern Schmidt
03A01-9510-CV-00359
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge:

The trial court awarded the plaintiff rehabilitative alimony of $1,000.00 monthly for 24 months. The  plaintiff appeals, insisting that the award is (1) inadequate to her needs and (2) should have been in futuro. No other issue is presented.

Bradley County Court of Appeals 03/05/96
Brian Weiford, D/B/A Elite Cable Television, v. Fields Development Co., Inc., D/B/A Deerfield Resort
03A01-9510-CV-00367
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Conrad Troutman

This is an appeal from the judgment of the trial court granting the appellee's motion for summary judgment. We affirm the judgment of the trial court.

Campbell County Court of Appeals 03/04/96
Jeffrey Keith Phillips and Jennifer Phillips, v. Eugene Russell
03A01-9509-CV-00298
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge G. Richard Johnson

For simplicity, the parties will be referred to in the capacity in which they appeared in the trial court. The parties to this appeal entered into a contract whereby the a;;ellant was to construct a home for the appellees. Problems developed between the parties which resulted in an action by the plaintiffs-appellees to recover damages frm the defendant-appellant for defective workmanship in the construction and to remove a cloud from their title resulting from a lien filed by the defendant. The defendant filed a counterclaim against the plaintiffs and a cross-claim against Shirley G. Hughes. Shirley Hughes was trustee under a deed of trust executed by the plaintiffs to secure payment of a promissory note in the amount of $80,000, payable to Elizabethton Savings and Loan Association.


 

Washington County Court of Appeals 03/04/96
Donna June Archer, and James David Archer, Individually and as Administrators of the Estate of Verna Lee Archer, v. Burton Plaza Associates, Let., and American Management Company, Inc.
03A01-9511-CV-00417
Authoring Judge: Judge Don T. McMurray, Jr.
Trial Court Judge: Judge John K. Wilson

This is an action for wrongful death. The plaintiffs seek to recover damages from the owners and operators of theBurton Plaza Apartments complex in Rogersville. The plaintiffs assert that the defendants were negligent in failing to provide preper security and protection for the occupants of the apartments. Specifically, they assert that the outside hallway doors of the apartment building were never locked. The plaintiffs also sue on the theory of breach of contract.

Hawkins County Court of Appeals 03/04/96
Dorothy Louise Beck, v. Wendell Lee Beck
03A01-9601-CV-00023
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge John B. Hagler

This is a divorce case. The lower court's judgment dissolved a marriage that had endured, tumultuously at times, for over 29 years. The trial judge granted the 46-year old
plaintiff, Dorothy Louise Beck (Wife), a divorce on the ground of adultery; awarded her custody of the parties' two minor children1; established the child support obligation of the 47- year-old defendant, Wendell Lee Beck (Husband), at $300 per month; valued the parties' net marital estate at $372,040, which he divided equally between them; and awarded Wife alimony in solido of $25,000 to be paid out of Husband's share of the proceeds from the auction sale of a portion of the parties' Englewood farm. Husband appeals, raising issues that present the following questions:

McMinn County Court of Appeals 03/04/96
Carolyn Bruce and husband, John David Bruce, v. Robert Olive and Sandra G. Olive, Individually and D/B/A Olive and Olive, P.C.
03A01-9509-CV-00310
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Wheeler A. Rosenbalm

This is a legal malpractice case. Plaintiffs, Carolyn Bruce, and husband, John David Bruce, appeal from the order of the trial court granting summary judgment to defendants, Robert Olive and Sandra G. Olive, individually and d/b/a Olive & Olive, P.C..

Knox County Court of Appeals 03/04/96
Donald L. Tatum and Dorothy L. Tatum v. Vertis J. Wolrsham and Freda Johnson Michel
03A01-9507-CH-00219
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Howell N. Peoples

This case originated from a complaint by Donald L. Tatum and Dorothy R. Tatum against Vertis J. Worsham for specific performance of a land sale agreement and damages. Mr. and Mrs. Tatum amended their complaint to join Freda Johnson Michel, a second mortgage holder of the subject property. Thereafter, Ms. Michel filed a cross-claim against Mrs. Worsham, principally seeking a determination of the balance owing on the second mortgage which was in dispute.

Hamilton County Court of Appeals 03/01/96
Mark Scott Smith, v. Faith Horne Smith
03A01-9411-CH-00413
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Sharon J. Bell

Appellant Faith Horne Smith appeals a divorce decree entered by the Chancery Court for Knox County wherein she raises the following four issues:

1. Did the trial court err in the amount and term of alimony granted to the Defendant.

2. Did the trial court err in the awarding of joint custody of the parties minor children rather than allowing Defendant sole custody and /or the freedom to relocate with the children to another state with liberal extended visitation awarded to Plaintiff.

3. Did the trial court err i the dividing marital assets in such a manner that Defendant had little of no liquid assets to pay bills or attorney fees.

4.  Did the trial court err in refusing to grant attorney fees to Defendant.

 

 

Knox County Court of Appeals 03/01/96