Court of Appeals Opinions

Format: 09/20/2014
Format: 09/20/2014
02A01-9407-CV-00169
Authoring Judge:
Trial Court Judge: Darrell Blanton
Shelby County Court of Appeals 10/17/95
02A01-9407-CV-00161
Authoring Judge:
Trial Court Judge: James E. Swearengen
Shelby County Court of Appeals 10/17/95
02A01-9404-CV-00077
Authoring Judge:
Trial Court Judge: D'Army Bailey
Shelby County Court of Appeals 10/17/95
Bessie Lee King v. Davidson (NMN) Taylor - Concurring
02A01-9504-CV-000
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge D'Army Bailey

This appeal arises out of a paternity action filed by the Plaintiff-Appellee, Bessie Lee King, against the Defendant-Appellant, Davidson Taylor, to establish the paternity of King's minor child, Davene. The action was originally filed in the Juvenile Court of Memphis and Shelby County, but was transferred to Circuit Court after Mr. Taylor requested a jury trial. Mr.  Taylor, Ms. King, and Davene submitted to a blood test. The sworn blood test results, which accompanied Appellee's motion for summary judgment, established that Mr. Taylor had a 99.65% probability of being Davene's father. Relying on both the blood test and T.C.A. § 24-7-112(b)(2) (Michie 1994), the trial court granted Ms. King's motion for summary judgment. Mr. Taylor appeals the decision of the trial court.

Shelby County Court of Appeals 10/17/95
Paula Van Slyke (Fleming) v. Philp Edward Fleming - Concurring
01-A-01-9504-CV-00178
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Muriel Robinson

This case involves the question of whether a custodial parent may claim the benefit of changes in the child support guidelines promulgated after trial on her Petition for Increased Child Support, but before the trial court filed its Final Order. Because those changes were not raised in the  proceedings below, we decline to act on them here. Instead, we remand  the cause to the trial court for further proceedings.

Davidson County Court of Appeals 10/15/95
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