Court of Appeals Opinions

Format: 08/29/2014
Format: 08/29/2014
Frances Gregg Brickell and Edwina Ellis Coffey v. City of Friendsville
03A01-9505-CV-001159
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Dale W. Young

This is an extraordinary appeal in the most literal sense of the word. The appellant prevailed in the trial court, but nevertheless, as appealed claiming that the trial court erred in refusing to consolidate this action with another action relating to the same subject matter pending in the same court.

Court of Appeals 12/06/95
Ardis Mobile Home Park, v. State of Tennessee
03A01-9505-BC-00157
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Commissioner Michael S. Lacy

This is an appeal from a decision of the Tennessee Claims Commission wherein the commissioner determined that the occurrences at issue constituted a taking of property by the State of Tennessee rather than a nuisance. The commissioner concluded that the exclusive remedy for a taking is an inverse condemnation action pursuant to T.C. A. § 29-16-123. Since actions predicated on inverse condemnation are outside the scope of the jurisdiction of the Claims Commission, the commissioner dismissed the claim. This appeal resulted. We reverse the judgment of the commissioner.

Court of Appeals 12/06/95
Susan (Rier) Metrolis, v. Timothy William Rier
02A01-9409-JV-00205
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Kenneth A. Turner

This appeal involves a juvenile court proceeding for child support. Petitioner, Susan Rier Metrolis (Mother), filed a petition against Timothy William Rier (Father) on October 28, 1993, seeking past, present, and future support for their two minor children, Crystal and Lisa. The petition requests that "the respondent should be ordered to contribute toward the support of said children according to the respondent's means and the needs of said children and reimburse the petitioner for the expenses of rearing the children with the respondent's assistance."

Shelby County Court of Appeals 12/05/95
Shirley Ashford v. Joshua C. Benjamin, et al.; Dorothy Wiseman Jackson v. Joshua C. Benjamin; Stevan L. Black v. James E. Blount, III - Concurring
02A01-9408-CV-00175
Authoring Judge: Judge Farmer
Trial Court Judge: Judge D'Army Bailey

Appellant, James E. Blount, III, appeals from the judgment of the Shelby County Circuit Court holding him in criminal contempt on two separate accounts and imposing sentence.

Shelby County Court of Appeals 12/05/95
Lee Anne Johnson v. Brett Paul Johnson
02A01-9408-CV-00183
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge George H. Brown

In this divorce action, Brett Paul Johnson (Husband) has appealed the trial court's ruling that Husband was not entitled to rehabilitative alimony and attorney fees from Lea Anne Johnson (Wife).

Shelby County Court of Appeals 12/05/95
Vickie Dianne Tuttle v. Robert Edward Tuttle
01A01-9512-CV-00546
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Gerald L. Ewell, Sr.

This appeal involves a divorce in which the husband has been incarcerated throughout the marriage. After approximately four years of marriage, both the wife and the husband filed suit for divorce in the Circuit Court for Coffee County. Following a bench trial attended only by the wife, the trial court granted the wife a divorce on the grounds that the husband was incarcerated and that his conviction had rendered him infamous. On this appeal, the husband asserts that the trial court should not have granted the wife a divorce because she did not properly verify her complaint and asserts that he did not receive property that was rightfully his. We have determined that the judgment should be affirmed and that the case should be remanded for consideration of the husband’s property claims.

Coffee County Court of Appeals 12/01/95
State of Tennessee o.b.o., Linda C. Britton, v. Robert Eugene Kyer
01A01-9507-CV-00293
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Gerald L. Ewell, Sr.

This cause commenced when plaintiff Linda Britton filed a petition to establish paternity and for child support in West Virginia, pursuant to that state's Uniform Reciprocal Support Act (URESA). The petition was forwarded to the Circuit Court for Coffee County, Tennessee for prosecution.

Coffee County Court of Appeals 12/01/95
John M. Cannon, Grayson Smith Cannon, and Cannon, Cannon, & Cooper v. Susan Garner Abby, Davidson Circuit Rubenfeld, individually and D/B/A Rubenfeld & Associates
01A01-9505-CV-00195
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Walter C. Kurtz

The appellants are two lawyers who are defendants below in a malicious prosecution and abuse of process case. We granted their motion for an extraordinary appeal, to review the trial court's holding that the work product doctrine did not prevent the discovery of certain information generated in the prior case. We affirm the trial court's order

Davidson County Court of Appeals 12/01/95
Tennessee Farmer's Mutual Insurance Company v. Billy Wagner and wife Mona G. Wagner
01A01-9505-CV-00190
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge William B. Cain

The issues in this appeal are (1) whether the misrepresentations in an application for insurance made the policy void as to the applicant and (2) whether the insurance was void as to the appellant's wife, who did not sign the application. The Circuit Court of Lawrence County granted summary judgment to the insurance company. We affirm.

Lawrence County Court of Appeals 12/01/95
Ernest R. Fenn and wife, Patsy S. Fenn, v. Harry W. Miller, III, v. HIghland Credit Bureau, Inc., D/B/A Mid-State Credit Bureau
01A01-9503-CV-00100
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Walter C. Kurtz

This appeal involves the imposition of Tenn. R. Civ. P. 11 sanctions for inadequate pre-filing investigation in a malicious prosecution case. After the Fifth Circuit Court for Davidson County dismissed the plaintiffs’ claims against one of the defendants, the defendant sought sanctions against one of the plaintiffs’ lawyers. The trial court conducted an evidentiary hearing, found that the plaintiffs’ lawyer had failed to make an objectively reasonable factual and legal
inquiry before filing the complaint, and ordered the lawyer to pay the defendant $1,500. On this appeal, the plaintiffs’ lawyer challenges the legal and factual basis for the sanctions. We have determined that the record fully supports the trial court’s decision and also that this appeal is frivolous. Accordingly, we affirm and remand the case for the assessment of damages pursuant to Tenn. Code Ann. § 27-1-122 (1980).

Davidson County Court of Appeals 12/01/95
Lloyd Winfred Carden, Jr., v. Amy Malissa Carden
01A01-9502-CH-00042
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge John W. Rollins

This appeal involves the custody and support of two children under twelve years of age. Both parents sought a divorce and requested custody of the children. Following a bench trial, the Chancery Court for Coffee County granted the divorce to the father, awarded him custody of the children, and directed the mother to pay child support. Both parents have appealed. The mother takes issue with awarding custody to the father; while the father challenges the amount of the child support award. We have determined that the evidence does not preponderate against awarding custody of the children to the father but that the trial court should not have reduced the amount of the mother’s child support obligation by the mother’s cost of providing the children’s medical insurance. Accordingly, we affirm the judgment as modified and remand for further proceedings.

Coffee County Court of Appeals 12/01/95
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Knox County Court of Appeals 11/30/95
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Court of Appeals 11/30/95