Court of Appeals Opinions

Format: 10/21/2017
Format: 10/21/2017
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
Rex M. Massengale, Sr., v. Audrey L. Massengale
03A01-9503-CV-00086
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Robert M. Summitt

This is a post-divorce proceeding involving the custody of the parties' one minor child, Rex M. Massengale, Jr., whose date of birth is September 20, 1985. The parties were divorced by the "Final Judgment and Decree" of the Dade County, Georgia, Superior Court entered on October 19, 1993. That document approved and adopted the parties' agreement that the child's custody should be vested with his mother, Audrey L. Williamson1 (Mother2). The instant controversy was initiated by the child's father, Rex M. Massengale, Sr. (Father), on November 16, 1994, not quite 13 months after the divorce, when he filed a petition to change the child's custody. After a bench trial, the trial court dismissed the Father's petition. Father appeals, raising two issues:

Hamilton County Court of Appeals 10/02/95
Eddie Williams, Jr. v. Tennessee Department of Correction
02A01-9503-CV-00046
Authoring Judge: Presiding Judge Hewitt P. Tomlin
Trial Court Judge: Judge Joseph H. Walker

Eddie Wililams, Jr. ("petitioner") filed a pro se Petition for Writ of Certiorari in the Circuit Court of Laderdale County against the Tennessee Department of Correction ("TDOC" or respondent"), seeking court review of actions taken by a prison disciplinary board, prison warden, and the department commissioner. Due process violations resulting therefrom were also alleged. The trial court granted summary judgment to respondent and petitioner has appealed. On appeal, a single issue was presented for review: whether the trial court erred in granting summary judgment. For the reasons stated hereinafter, we reverse the judgment of the trial court.

Lauderdale County Court of Appeals 10/02/95
X2010-0000-XX-X00-XX
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Washington County Court of Appeals 09/29/95
03A01-9506-CV-00199
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Knox County Court of Appeals 09/29/95
03A01-9506-CH-00207
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Trial Court Judge:
Court of Appeals 09/29/95
03A01-9506-CH-00190
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Court of Appeals 09/29/95
03A01-9505-CV-00145
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Court of Appeals 09/28/95
Frank Bell, v. Christine Bradley, et al.
01A01-9506-CH-00273
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Robert S. Brandt

This is an appeal by petitioner, Frank Bell, from the chancellor's judgment dismissing Mr. Bell's petition for writ of certiorari. The chancellor dismissed the petition on the ground that it "was not timely filed."

Davidson County Court of Appeals 09/27/95
03A01-9506-CH-00173
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Trial Court Judge:
Court of Appeals 09/20/95
Kathy Gale (Phillips) Bennett, v. William Thomas Bennett
01A01-9501-GS-00006
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Robert P. Hamilton

This case involves a divorce ending a marriage of short duration. The General Sessions Court of Lebanon, Tennessee granted the divorce to both parties, dividing the marital property between them, and ordering the husband to pay $100 per month in rehabilitative alimony for fourteen years. The husband appealed, arguing that the trial court erred in dissolving the parties' marriage without reference to fault, in its division of marital property, and in ordering the payment of alimony. The wife appealed the trial court's refusal to grant her claim for attorney fees.

Wilson County Court of Appeals 09/20/95
First American National Bank, v. J.M.D. Bransford
01A01-9503-CH-00109
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Robert S. Brandt

This is an appeal by defendant, J.M.D. Bransford, from the trial court's granting of the motion for summary judgment of plaintiff, First American National Bank (Bank), and resulting judgment in the bank's favor on a promissory note made by defendant Bransford as a co-maker.

Davidson County Court of Appeals 09/13/95