Court of Appeals Opinions

Format: 10/22/2014
Format: 10/22/2014
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
James Miller v. Miller Brothers Farms, Inc., Larry L. Miller, Garry Miller, and Allen Miller
03A01-9504-CH-00123
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Earl H. Henley

This is the second appeal in a continuing dispute between four of the sons of Andrew K. Miller, decease; namely, James Miller, Larry L. Miller, Garry Miller, and Allen Miller.

Monroe County Court of Appeals 03/01/96
Robert John Williams, v. Mary Elizabeth (Williams) Evans
03A01-9511-CV-00400
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge:

The appellant sought an award of attorney fees of $31,205.48 and filed an affidavit in explanation of the hours her attorney had expended in this case, which involved the custody and support of one child.

Blount County Court of Appeals 03/01/96
Floyd Ezell Jackson, v. Stella L. Smith Jackson
02A01-9510-CV-00214
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge William O'Hearn

The marriage between Floyd Ezell Jackson (Husband) and Stella L. Jackson (Wife) ended after some 21 years when the trial court found that both parties shall be awarded a divorce pursuant to T.C.A. § 36-4-129.

Shelby County Court of Appeals 03/01/96
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Hamilton County Court of Appeals 02/29/96
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Greene County Court of Appeals 02/29/96
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Court of Appeals 02/29/96