Court of Appeals Opinions

Format: 09/17/2014
Format: 09/17/2014
Donna Faye Glover England, v. Richard Piercey
01A01-9507-CH-00320
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor C. K. Smith

This is a grandparent's visitation case. Plaintiff, Donna Faye Glover England, is the maternal grandmother of Skylar Piercey, age four. Skylar's natural mother died in December of 1993. Skylar's natural father, Richard Piercey, now refuses to allow England to see Skylar. England filed a petition for grandparent visitation. The trial court dismissed the case based upon the Tennessee Supreme Court decision of Hawk v. Hawk, 855 S.W. 2d 573 (Tenn. 1993), reasoning that Hawk allows Piercey as the natural father, to deny England the right to see Skylar in the absence of a showing of substantial harm to the child. We affirm the decision of the trial court.

Court of Appeals 11/15/95
Carolyn Louise Taylor Perkins v. John Bauman Perkins, Jr., - Concurring
01A01-9504-CV-001
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Robert L. Jackson

This is a divorce case in which Wife appeals the judgment of the trial court regarding, inter alia, the division of marital property and the trial court's allowance of expert testimony.

Davidson County Court of Appeals 11/15/95
June R. Husted, mother and next-of-kin of Todd F. Husted, Deceased, v. Everett Echols, III, M.D., Metropolitan Government of Nashville and Davidson County, et al.
01A01-9507-CV-00286
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Thomas W. Brothers

This is a suit for wrongful death by suicide allegedly resulting from negligence of the defendant, a psychiatrist. After a jury could not agree upon a verdict, the Trial Judge directed a verdict and dismissed the suit. Plaintiff has appealed and presented a single issue as follows:

Davidson County Court of Appeals 11/15/95
Katherine Montgomery Price v. Thomas Bradley Price - Concurring
01-A-01-9505-GS-00208
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Robert P. Hamilton

The sole issue presented by the appellant is: "Did the trial court err by awarding custody of the appellant's minor child to a third party?"

Wilson County Court of Appeals 11/15/95
Jerry D. Adcock and wife, Nancy M. Adcock, v. James F. Witcher, Jr.
01A01-9505-CH-00220
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Robert S. Brandt

This is an appeal by plaintiffs/appellants, Jerry and Nancy Adcock, from the judgment of the trial court in favor of defendant/appellee, James F. Witcher.

Davidson County Court of Appeals 11/15/95
In the Matter of: Estate of Jim Eden (Deceased), Georgia Bradley, v. Betty Lewis, Agnes Hendsley, and Bertie Carver, Executors
01A01-9501-CH-00005
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Bobby H. Capers

This appeal arises from a dispute over a will in which a 93-year-old man left his estate to three of his four surviving daughters. The daughter who was not named in her father’s will challenged the validity of the will after her sisters propounded it for probate in the Chancery Court for Trousdale County. The chancery court transferred the case to the Circuit Court for Trousdale County where a jury found in favor of the will. The daughter who contested the will has appealed. We have determined that no reversible error was committed in the circuit court proceeding and, therefore, affirm the circuit court’s judgment and remand the case to the chancery court for further probate proceedings.

Trousdale County Court of Appeals 11/15/95
Delo Brock, v. Tennessee Department of Corrections
01A01-9503-CH-00078
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Robert S. Brandt

The Chancery Court of Davidson County dismissed the appellant's petition for declaratory judgment, filed pursuant to Tenn. Code Ann. § 4-5-223, to review the Department of Correction's calculation of the credits due on his prison sentences. The chancellor concluded that the appellant had failed to exhaust his administrative remedies.

Davidson County Court of Appeals 11/13/95
Lisa Jones, Charlotte Tackett, and Jenetta Brock, v. James Davenport, Commissioner, Tennessee Department of Employment of Security and Lake City Health Care Center
03A01-9506-CH00187
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge Billy Joe White

Appellants' appeal from the Chancellor's determination that the denial of unemployment benefits was properly based on the employees' misconduct connected with their work.

 

Court of Appeals 11/10/95
Nancy K. Wheeler Poyner, v. Alden Dennis Poyner
01A01-9503-CH-00116
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Leonard W. Martin

This is a divorce case in which the Wife appeals the trial court's division of marital property and the court's award of custody to the Husband.

Humphreys County Court of Appeals 11/09/95
Terry LaClaire (Smith) Martin, v. Ray Willard Martin
01A01-9507-GS-00292
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Robert P. Hamilton

The General SessionsCourt of Wilson County granted the wife a divorce after a six month marriage. The court ordered the marital residence sold and the wife paid $2,000 for her attorney's fees and $10,000 to equalize her equity in the property. After the deductions, the balance of the equity was to be split evenly between the parties.

Wilson County Court of Appeals 11/09/95
Marika Petra Vickers, v. Nicholas Scinta
01A01-9507-CH-00281
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Alex W. Darnell

This is a suit to register and enforce a foreign divorce decree. The only issue on appeal is the proper amount of the judgment for delinquent child support.

Montgomery County Court of Appeals 11/09/95
The Wright Jeweler's, Inc., v. Farmer's Fund Insurance Company, D/B/A The American Insurance Company
02A01-9409-CV-00202
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Janice M. Holder

This is a declaratory judgment action to determine coverage under aninsurance policy. Plaintiff, Wright Jewelers, Inc., appeals from the order of the trial court denying its motion for summary judgment and granting summary judgment to defendant, Firemen's Fund Insurance Company, d/b/a The American Insurance Company.

Court of Appeals 11/08/95
Strings & Things, v. State Auto Insurance Companies
02A01-9408-CH-00195
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor Neal Small

This appeal involves a suit to recover on a policy of insurance covering employee dishonesty. Plaintiff, Strings & Things in Memphis, Inc., appeals from the judgment of the chancery court in a nonjury trial that dismissed its suit against defendant, State Auto Insurance Companies. The only issue on appeal is whether the evidence preponderates against the findings of the chancellor.

Shelby County Court of Appeals 11/08/95