Court of Appeals Opinions

Format: 12/21/2014
Format: 12/21/2014
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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Hamilton County Court of Appeals 11/30/95
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Knox County Court of Appeals 11/30/95
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Knox County Court of Appeals 11/30/95
03A01-9506-CV-00195
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Hamilton County Court of Appeals 11/29/95
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Hawkins County Court of Appeals 11/29/95
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Hawkins County Court of Appeals 11/29/95
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Court of Appeals 11/29/95