Court of Appeals Opinions

Format: 08/30/2014
Format: 08/30/2014
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
Jerry Don Lumpkins, v. Belinda Baines Lumpkins
01A01-9401-CH-00034
Authoring Judge: Judge William C.Koch, Jr.
Trial Court Judge: Special Judge Jane W. Wheatcraft

This appeal involves a dispute over child support for two pre-teen boys. Two years after their divorce in the Chancery Court for Sumner County, the parents returned to court seeking resolution of their disputes concerning the custody and visitation arrangements and the amount of child support. A special judge awarded the mother sole custody of the children, modified the father’s visitation schedule, and directed the father to pay child support in accordance with the child support guidelines. The father takes issue on this appeal with the amount of his child support. We have determined that the amount of the father’s child support should be modified to take all his income into consideration.

Sumner County Court of Appeals 10/04/95
North American Rayon Corporation, v. Margaret C. Culpepper, Commissioner of the Tennessee Department of Employment Security, and Judy Howell
03A01-9506-CH-00192
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Thomas J. Seeley, Jr.

North American Rayon Corporation appeals a judgment of the Chancery Court for Carter County which upheld a Board of Review determination that Judy Howell was entitled to unemployment benefits incident to her termination by North American Rayon.

Carter County Court of Appeals 10/03/95
Bonnie Jo Miller v. Thomas A. Parker
03A01- 9503- CV- 00101
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge John A. Turnbull

This is a suit by Bonnie Jo Miller against Thomas A. Parker seeking damages for personal injuries as a result of her being struck by an automobile being driven by him.

Cumberland County Court of Appeals 10/03/95
Earl Maney v. Paul J. Parker, Individually and D/B/A Precious Woods and Metals
03A01-9502-CH-00065
Authoring Judge: Presiding Judge Houston P. Goddard
Trial Court Judge: Chancellor Earl H. Henley

Earl Maney, the Plaintiff, and Paul J. Parker, the Defendant, were the parties to a written five-year lease for commercial property in Cleveland. Mr. Parker, who operated a woodworking/machine shop on the premises, took possession of the property on September 8, 1989. Late in 1990, after occupying the property for slightly more than one year, he vacated the premises. On May 6, 1993, Mr. Maney, the landlord, filed suit in the Chancery Court of Bradley County seeking back rent and damages for repairs to the building. After a trial, the Chancellor determined that Mr. Parker "had a right to abandon the premises, " but awarded damages to compensate Mr. Maney for expenses he incurred making repairs to the property. Mr. Maney appeals and presents the following issues for review.

 

Bradley County Court of Appeals 10/03/95
Charles William Coulter and wife, Donna Lee Coulter, v. Richard Anthony Hendricks
03A01-9505-CH-00150
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Howard N. Peoples

This is a suit by Charles William Coulter and Donna Lee Coulter, brother and sister of Linda Diane Rose Hendricks, who died in an automobile accident on April 24, 1994, seeking to have her marriage on April 1, 1994, to Richard Anthony Hendricks, annulled. The Chancellor granted Mr. Hendricks' motion under Rule 12.02( 6) of the Tennessee Rules of Civil Procedure, which contended the complaint failed "to state a claim upon which relief can be granted."

Hamilton County Court of Appeals 10/03/95
Charles William Coulter and wife Donna Lee Coulter, v. Richard Anthony Hendricks
03A01-9505-CH-00150
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor Howell N. Peoples

I concur wholeheartedly in the majority opinion. I write separately to address the plaintiffs' contention that their sister married Richard Anthony Hendricks "in jest." Even assuming, for the purpose of argument, that the common law requirement of mutual intent to be bound is still a requirement for a valid marriage in Tennessee, an allegation that the parties married in jest is conclusory in nature. Furthermore, it is not supported in the complaint by factual allegations and hence not conceded to be true by the defendant's motion to dismiss. Such a
pleading admits well-pled facts, not conclusions of the pleader. See Swallows v. Western Electric Co., Inc., 543 S.W.2d 581, 583 (Tenn. 1976); Dobbs v. Guenther, 846 S.W.2d 270, 273 (Tenn. App. 1992). Therefore, the conclusory allegation of a marriage in jest does not render the trial court's action of dismissal inappropriate. The well-pled facts, liberally construed in favor of the plaintiffs, do not make out a cause of action.

Hamilton County Court of Appeals 10/03/95
Ollie Davis and R.D. Davis, v. Horace Hall
02A01-9410-CV-00245
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Chancellor Wyeth Chandler

This appeal involves a suit to recover damages for personal injury and property damage arising out of an automobile accident. Plaintiffs, Ollie H. Davis and R. D. Davis, appeal from the judgment of the trial court on a jury verdict for the defendant, Horace Hall.

Shelby County Court of Appeals 10/03/95
J.T. Holt, and wife Gertrude Holt and Dennis Holt, v. Opal Tolliver and Freddy L. Smelcer
03A01-9505-CH-00161
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Chancellor Dennis H. Inman

This is a suit to determine the boundary line between the Plaintiffs' and the Defendants' property and to confirm that the Plaintiffs have a right-of-way over the property of the Defendants.

Greene County Court of Appeals 10/02/95
Rick Haynes and Karen Haynes, v. John Walker and wife Rosa Mae Walker and Harold Woods
03A01-9504-CH-00133
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Chester S. Rainwater

The Plaintiffs, Rick Haynes and his wife Karen Haynes, initially sued their adjacent landowners, Defendants John Walker and wife Rosa Mae Walker and Harold Woods. The Plaintiffs sought a declaration that they were entitled to a right-of-way to gain access to tract 8 of the Clint Jones property, a 15.72-acre tract owned by them in Jefferson County. Thereafter, Michael Woods and his wife Paula Young Woods, who acquired a portion of Harold Woods property, were added as party Defendants by an agreed order.

Jefferson County Court of Appeals 10/02/95
First Tennessee Bank National Association, v. C.T. Resorts Company, Inc., C. Gary Triggs, and James C. Childrers
03A01-9503-CH-00102
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor Sharon Bell

First Tennessee has filed a petition for rehearing. The petition basically argues two points: first, that the undisputed material facts show that the defendants did not timely assert their claims of misrepresentation, and hence waived them; and second, that we erred in construing the parties' "First Modification, Renewal, and Extension Agreement and Apointment of Successor Trustee."

Knox County Court of Appeals 10/02/95
Alfred Carroll Jones and Betty Jones, v. City of Johnson City, Tennessee
03A01-9506-CV-00196
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Lewis W. May

This suit was brought against the City of Johnson City(Johnson City) pursuant to the Tennessee Governmental Tort Liability Act (GTLA), T.C.A. § 29-20-101, et seq. The plaintiff, 1 The wife's claim was for loss of services, companionship, consortium, etc. 2 Alfred Carroll Jones (Jones), was injured while working at the Towne Acres Elementary School, a facility owned and operated by Johnson City. At the time of the injury, the school was closed while an addition was being built to the existing structure. The trial court granted Johnson City's motion for summary judgment, holding that Jones expressly assumed the risk of his injury and "as a matter of law that [Johnson City] owed no legal duty to" Jones based on the undisputed facts. Jones and his wife, the
plaintiff Betty Jones1, appeal, raising the following issues:

Court of Appeals 10/02/95
Matthew E. Rader, et al., v. Clarence McDowell, et al.
03A01-9506-CV-00191
Authoring Judge: Senior Judge Clifford E. Sanders
Trial Court Judge: Judge Dale C. Workman

The Appellant has appealed from a judgment denying its "Application for Execution." We affirm.

Knox County Court of Appeals 10/02/95