Court of Appeals Opinions

Format: 08/29/2014
Format: 08/29/2014
Laura Patricia Cutsinger v. Charles Edward Cutsinger - Concurring
01A01-9504-CV-00148
Authoring Judge: Judge David R.Farmer
Trial Court Judge: Judge Robert W. Wedemeyer

In this divorce case, Charles Edward Cutsinger (Husband) has appealed the trial court's judgment which awarded Laura Patricia Cutsinger (Wife) a thirty percent (30%) interest as a seller in the contract of sale of Husband's chiropractic practice. Husband also has appealed the trial court's ruling which ordered Husband to indemnify Wife for any judgment that might arise as a result of an indebtedness for a pleasure boat purchased during the marriage.

Robertson County Court of Appeals 10/14/95
02A01-9411-CV-00260
Authoring Judge:
Trial Court Judge: Janice M. Holder
Shelby County Court of Appeals 10/10/95
02A01-9409-CV-00201
Authoring Judge:
Trial Court Judge: Wyeth Chandler
Shelby County Court of Appeals 10/10/95
02A01-9409-CV-00174
Authoring Judge:
Trial Court Judge: James E. Swearengen
Shelby County Court of Appeals 10/10/95
James R. Fruge and Jane Fruge v. John Doe and Jane Doe
02A01-9408-CV-00198
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge George H. Brown

Defendants-Appellees.This appeal involves a suit seeking recovery under the uninsured motorist provision of a liability insurance policy. Plaintiffs, James R. Fruge and Jane Fruge, appeal from the order of the trial court granting summary judgment to the unnamed defendant-appellee, State Farm Insurance Company.

Shelby County Court of Appeals 10/05/95
Sherri Mangrum v. Frank Dean Owens
01A01-9505-CV-00183
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge M. Thomas Taylor, Jr.

The sole question presented by this appeal is whether defendant, Frank Dean Owens, is entitled to share with plaintiff, Sherri Mangrum, the proceeds of a settlement for the wrongful death of their minor daughter,  Lisa Michelle Owens.

Williamson County Court of Appeals 10/04/95
Sheryl Lynny Hooke (Thompson) v. Alan Richard Thompson
01A01-9504-CV-00180
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Marietta M. Shipley

This matter concerns the custody of Wayne Nicholas Thompson, II, the minor son of Appellee, Sheryl Lynne Hooke (Thompson) ("Mother") and Appellant, Alan Richard Thompson ("Father"). Both parties sought custody pursuant to separate petitions for divorce.1 The final divorce decree awarded custody to Mother, but stated that Father was to have physical possession of the child during the time period in which Mother underwent treatment for alcoholism. The decree provided that upon Mother's completion of a treatment program, physical possession of Nicholas would revert immediately to her. Father has appealed from the trial court's judgment, challenging both the custody award and the trial court's denial of his request to discover Mother's psychiatric records. For reasons hereinafter expressed, we affirm the judgment.

Davidson County Court of Appeals 10/04/95
Mid-State Advertising D/B/A The Nashville Scene, v. Douglas Sarmento
01A01-9504-CV-00157
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge Hamilton Gayden

This appeal involves a suit on a guaranty agreement. Defendant, Douglas Sarmento, appeals from the trial court's order granting plaintiff, Mid-State Advertising, d/b/a "The Nashville Scene," summary judgment. The only issue on appeal is whether the trial court erred in granting summary judgment.

Davidson County Court of Appeals 10/04/95
Tonya Renee Jackson v. Keith George Jackson
01A01-9504-CV-00132
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Henry Denmark Bell

This case involves a dispute over child custody and division of marital property as decreed by the trial court in a divorce case.

Williamson County Court of Appeals 10/04/95
Cynthia D. Gentry v. Linda Rudolph, Commissioner of the Tennessee Department of Human Services - Concurring
01A01-9504-CH-00155
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Chancellor C. Allen High

Plaintiff, Cynthia D. Gentry, appeals from the order of the chancery court that affirmed the final administrative order of the Department of Human Services (DHS). The controversy in this case arose from the receipt by Mrs. Gentry's husband of a lump sum social security disability payment in July, 1991. At the time of the payment, Mrs. Gentry was the recipient of Aid for Dependent Children (AFDC) benefits. DHS determined that the lump sum payment constituted income sufficient to render Mrs. Gentry ineligible for AFDC benefits for a period of four months. Mrs. Gentry was notified by DHS that her benefits would be terminated for four months because of the receipt of the lump sum social security payment.

Davidson County Court of Appeals 10/04/95
Terry J. Kyte and Terry J. King, v. Tennessee Department of Safety
01A01-9504-CH-00150
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

Appellants, Terry J. Kyte and Terry F. King, appeal from the judgment entered by the chancery court, affirming the decision of the commissioner of the Tennessee Department of Safety (Department) to grant the Department's motion for default in a contested case proceeding concerning the seizure of Appellants' property.

Davidson County Court of Appeals 10/04/95
The Metropolitan Government of Nashville and Davidson County, v. Nashville Park Hospitality, Inc.
01A01-9504-CH-00142
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Robert S. Brandt

Appellant, Nashville Park Hospitality, Inc. ("Nashville Park"), is the owner of the Budget Lodge, a motel in Nashville consisting of three separate buildings identified as the 100, 200 and 300 Buildings. Ninety-six suites compose the 100 and 300 Buildings, with 92 available to the public and rented on a weekly basis. The 200 Building consists of standard motel rooms which are rented nightly. Appellee, the Metropolitan Government of Nashville and Davidson County ("Metropolitan Government"), filed suit seeking to enjoin Nashville Park from operating the Budget Lodge in violation of the Hotel, Food, Service Establishment and Public Swimming Pool Inspection Act of 1985, T.C.A. § 68-14-301 et. seq. ("Act").1 After a hearing, the trial court granted Metropolitan Government's application for a permanent injunction, enjoining Nashville Park from operating Budget Lodge in violation of the Act. The court, however, refused to entertain the issue of whether the Act applied to the suites rented weekly,2 citing Nashville Park's failure to first exhaust its administrative remedies. Nashville Park has appealed, challenging that determination by the chancellor. For reasons to be discussed, we reverse that portion of the judgment holding the trial court without jurisdiction to decide the issue prior to an exhaustion of the administrative process.

Davidson County Court of Appeals 10/04/95
Tennessee Department of Human Services, v. Tennessed Civil Service Commission and Frank Mahon
01A01-9504-CH-00143
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal arises from the chancery court's reversal of a final order of the Tennessee Civil Service Commission (the Commission). The Commission's final order reinstated Appellant, Frank Mahon, an employee who had been dismissed by the Cocke County Department of Human Services (Cocke County DHS). The chancery court reversed the Commission's final order, finding that the final order was unsupported by substantial and material evidence in the record before the Commission.

Davidson County Court of Appeals 10/04/95