Court of Appeals Opinions

Format: 10/23/2014
Format: 10/23/2014
03A01-9505-CV-00151
Authoring Judge:
Trial Court Judge:
Hamilton County Court of Appeals 11/20/95
01A01-9505-CV-00210
Authoring Judge:
Trial Court Judge: Walter C. Kurtz
Davidson County Court of Appeals 11/17/95
Edwin H. Bush and William G. Gibson, Co-Administrators of the Estate of Lonnie Mae Lane, Deceased, v. Tony Wesley Carrick
01A01-9507-CH-00288
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Tyrus H. Cobb

The nature of this suit is stated in the complaint as follows: The purpose of this action is to set aside for the benefit of the estate of the said Lonnie Mae Lane the conveyances of the land
hereinafter described, which rendered the said Harvey Wesley Carrick and his estate insolvent and which were fraudulent as to creditors of Harvey Wesley Carrick and his estate.

Bedford County Court of Appeals 11/17/95
Earl L. Fox v. Tennessee Board of Paroles
01A01-9506-CH-00263
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Robert S. Brandt

This appeal involves the denial of parole to an inmate serving a twenty-year sentence for aggravated rape. The inmate filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County challenging the Tennessee Board of Parole’s decision. The trial court granted the board’s motion to dismiss. We affirm the dismissal because the inmate’s petition fails to state a claim upon which relief can be granted. A common-law writ of certiorari cannot be used to review the intrinsic correctness of the parole board’s decision.

Davidson County Court of Appeals 11/17/95
Gail Farley Dyer v. Terry R. Farley - Concurring
01-A-01-9506-CH-00229
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Chancellor Vernon Neal

The defendant Terry R. Farley, has appealed from the final judgment of the Trial Court in a controversy regarding his dealings with his deceased father, Benton James Farley.

DeKalb County Court of Appeals 11/17/95
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