Court of Appeals Opinions

Format: 03/27/2015
Format: 03/27/2015
Authoring Judge:
Trial Court Judge: D. J. Alissandratos
Shelby County Court of Appeals 03/12/96
Authoring Judge:
Trial Court Judge: Julian P. Guinn
Court of Appeals 03/11/96
Demetreous Flengas, v. Kimberly Denise Flengas
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge William M. Barker

Demetreous Flengas, the husband, and Kimberly Denise Flengas, the wife, were granted an absolute divorce in September 1994 in Hamilton County. Shortly thereafter, the Trial Court entered its memorandum opinion and order which directed the division of the parties' assets and liabilities. It is from this order that the husband appeals.

Hamilton County Court of Appeals 03/10/96
Canonie Energy, Inc. and WGI, Inc. v. Rodney King, Mark Holbrook, American Resources Management, Inc., American Gas Technologies, Inc., American Energy Exploration, Inc., Berrod, Inc. Rick Castor and McCrome LTD., Inc.
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor WilliamE.

The Defendants appeal a summary judgment entered in favor of the Plaintiffs for the enforcement of a settle ment agreement.

Anderson County Court of Appeals 03/10/96
Ron Christian, v. Tennessee Petroleum Underground Storage Tank Board, and J.W. Luna, as Commissioner of Tennesse Department of Environment and Conservation
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor C. Allen High

For a second time we address this matter which concerns Appellant Ron Christian's eligibility for assistance from the petroleum underground storage tank fund, established in T.C.A. § 68-215-110. The Tennessee Petroleum Underground Storage Tank Board (Board), an appellee in this action,1 found Christian ineligible for assistance due to his failure to reestablish fund eligibility by, inter alia, failing to conduct a site check of his property. Upon review in the chancery court, the Board's decision was upheld. For reasons hereinafter set forth, we affirm.

Davidson County Court of Appeals 03/08/96
Jack Lloyd Beaty, Sr., v. Mary Joyce Scott Beaty
Authoring Judge: Senior Judge William H. Williams
Trial Court Judge: Chancellor Henry Denmark Bell

The sole issue presented in this appeal is whether the Wife/Appellant is entitled to post judgment interest on a judgment of $50,000 awarded her by the decree of divorce entered December 28, 1992.

Williamson County Court of Appeals 03/08/96
Angie Brooks, v. Kimberly J. Quam Davis and Gayle Schaal - Concurring
Authoring Judge: Judge William C. Koch, Jr.s
Trial Court Judge:

Two persons injured in a one-car accident sued the driver of the car in which they were riding. After obtaining an essentially worthless judgment against the unknown driver of another car, the passengers perfected this appeal to take issue with the trial court’s decision to permit their driver to rely on a “phantom automobile” defense even though she had not included this defense in her answer. The majority has determined that the trial court properly permitted the driver to assert this defense and to amend her pleadings to conform to the proof. While I concur with the majority’s decision under the circumstances of this case, I have prepared this separate opinion to avoid leaving a mistaken impression that the driver’s answer complied with Tenn. R. Civ. P. 8.03. It did not; however, the error does not undermine the jury’s verdict in this case.

Court of Appeals 03/08/96
Phyllis Hovenden, Bill Hovenden, Ellen Wemyss, Patricia Highers, Richard Rouch, and Citizens for and Orderly Development of Gallatin, v. City of Gallatin, Galatin Planning Commission, et al.
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Irvin H. Gilcrease, Jr.

The captioned petitioners filed their “Petition for Writ of Certiorari and Verified Complaint” seeking review of the action of the City Council of Gallatin in regard to the zoning of certain property and for injunctive relief. From an adverse judgment in the Trial Court, one of the petitioners, Phyllis Hovenden, has appealed, presenting the following issues for review:

Sumner County Court of Appeals 03/08/96
Jay Franklin Smith, v. Patricia Ann Smith
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Chancellor Dennis H. Inman

In this custody dispute, the parties were divorced in 1992, and the mother was granted custody of the parties' minor son. The decree provided that the mother would not remove the child from the State without permission of the Court, but no scheduled visitatoin was ordered. Subsequently, visitation schedules were ordered or agreed upon and in June of 1993 the mother asked permission to move to Florida with the child, which petition was denied. In 1994, the father petitioned for a change of custody and contempt for failure of the mother to allow ordered visitation. The Court refused to change custody, but sentenced the mother to two days in jail for contampt of court, but stayed the sentence indefinitely on the assumption there will be no recurrence of this particular problem. This judgment was entered on December 13, 1994.

Hamblen County Court of Appeals 03/06/96
Geico General Insurance Company, v. Dusti Dawn Howard, Pat Howard, and wife Penne Howard, et al.
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor William E. Lantrip

These declaratory judgment actions arose as a result of a single car accident.

Anderson County Court of Appeals 03/06/96
Julie Harlan, Individually and as Next Friend of James K. Hunt, II, a minor, v. James F. Lovett, Sonja Blackburn, v. James F. Lovett
Authoring Judge: Special Judge Clifford E. Sanders
Trial Court Judge: Judge Richard Ladd

The Defendant has appealed from a jury verdict awarding compensatory and punitive damages for his conversion of seven saddle horses.

Sullivan County Court of Appeals 03/06/96
James Jennings, v. Charles Traughber, et al.
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
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