Court of Appeals Opinions

Format: 05/27/2015
Format: 05/27/2015
Thomas W. Harrison, Terry Harrison, and Brenda Harrison Kennamore, v. Earl Laursen
01A01-9505-CH-00192
Authoring Judge: Senior Judge William H. Williams
Trial Court Judge: Chancellor Jim T. Hamilton

This is an appeal of a nonjury action in chancery form originally brought to rescind a contract for the sale of real estate and for damages to real property. The complaint was filed on January 22, 1 1991. Four separate hearings have been held in this cause. The first hearing was held without intervention of a jury. The second and third hearings were heard in the presence of a jury, and the fourth hearing in this cause was held without a jury. Following the fourth trial in the Chancery Court of GilesCounty, Tennessee, the chancellor entered a judgment against appellant for $22,279.59. The defendant, Earl Laursen, timely filed a notice of appeal from the final order entered January 9, 1995. The defendant, Delorita Laursen, did not perfect her appeal by filing a notice of appeal and is not before this Court. See, e.g., Town of Carthage, Tennessee, et al. v. Smith County, Tennessee, No. 01-A-01-9308-CH-00391 (Tenn. App., March 8, 1995). The appeal by the defendant/appellant, Earl Laursen, has been perfected and is properly before this Court. The appellant contends that the trial court erred in not having a jury hear the fourth case and in assessing damages to the real property. We reverse and remand for reasons that will hereinafter be shown.

Giles County Court of Appeals 05/03/96
Ray Donald Hawkins v. Metropolitan Government of Nashville & Davidson County Tennessee, et al. - Concurring
01-S-01-9508-CV-00126
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.

Davidson County Court of Appeals 05/03/96
James Dale Barnes, v. Miller Medical Group, P.C. Edgefield Hospital, Inc., Dr. Douglas Dorsey, and Dr. J. Shepherd
01A01-9512-CV-00549
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Walter C. Kurtz

The husband of a woman who suffered a fatal heart attack shortly after being discharged from a hospital emergency room filed a medical malpractice suit against the treating doctor and the medical group for which he worked. The trial court dismissed the claim against the defendant doctor because the plaintiff failed to obtain service on him. A summary judgment was subsequently granted to the defendant medical group on the ground of the plaintiff’s failure to produce a qualified affidavit on the proper standard of care and on causation, as is required by the Medical Malpractice Act, Tenn. Code Ann. § 29-26-115. We affirm the trial court.

Davidson County Court of Appeals 05/03/96
Clifford Scott Goodwin, v. Judith Annette Wetz F/K/A Judith Annette Goodwin
01A01-9512-CH-00547
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Leonard W. Martin

The captioned petitioner has appealed from the dismissal of his suit to enroll and modify a foreign divorce decree.

Cheatham County Court of Appeals 05/03/96
Julius Michael Harris, v. Suzanne Zulieme Harris
01A01-9511-CV-00518
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Special Judge Lee Ofman

he plaintiff/ex-husband has appealed from the dismissal of his post-divorce decree
petition seeking relief from child support and change of custody.

Williamson County Court of Appeals 05/03/96
Hayden D. Wilson, Jr., v. Kathryn Ann Moore
01A01-9506-CV-00235
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Buddy D. Perry

This appeal involves a marriage that failed in less than three years. The husband filed suit in the Circuit Court for Sequatchie County seeking a divorce and the enforcement of the parties’ prenuptial agreement. The wife also requested a divorce and challenged the validity of the prenuptial agreement. Following a bench trial, the trial court declared the parties divorced pursuant to Tenn. Code Ann. § 36-4-129(b) (1991) and upheld the prenuptial agreement. Accordingly, the trial court awarded the parties their personal property and directed the husband to assume certain credit card indebtedness and to provide the wife medical insurance for up to thirty-six months. Both parties take issue with various portions of the final divorce decree on this appeal. We have determined that the trial court erred by failing to consider the husband’s income earned during the marriage as marital property. Accordingly, we modify the division of marital property and the award of spousal support.

Sequatchie County Court of Appeals 05/03/96
02A01-9504-CV-00081
Authoring Judge:
Trial Court Judge: C. Creed Mcginley
Court of Appeals 04/30/96
02A01-9503-CV-00058
Authoring Judge:
Trial Court Judge: James E. Swearengen
Shelby County Court of Appeals 04/29/96
02A01-9410-CV-00225
Authoring Judge:
Trial Court Judge: James E. Swearengen
Court of Appeals 04/29/96
02A01-9410-CV-00225
Authoring Judge:
Trial Court Judge: James E. Swearengen
Court of Appeals 04/29/96
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Knox County Court of Appeals 04/26/96
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Bradley County Court of Appeals 04/26/96
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 04/26/96