Court of Appeals Opinions

Format: 11/18/2017
Format: 11/18/2017
William Fowler, as surviving parent of David Fowler, dec. vs. Ralph Davenport and Jason Richards
E2000-02509-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: G. Richard Johnson
The Trial Court granted defendants summary judgment on the grounds plaintiff's action was time-barred. We reverse and remand.
Washington County Court of Appeals 08/12/94
Lola Taylor v. James Taylor
M1999-02398-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Royce Taylor
This appeal arises from the dissolution of a four-year marriage. The wife sought a divorce in the Circuit Court for Rutherford County because of the husband's chronic drunkenness, non-support, and threats of violence. Following a bench trial, the court granted the wife a divorce on the ground of inappropriate marital conduct. The trial court also divided the martial estate, gave the wife custody of the parties' four-year-old daughter, and directed the husband to pay child support. On this appeal, the husband asserts that the trial court erred in its classification and division of the marital property, that the trial court awarded an excessive amount of child support, and that the trial court erred by denying his request to place a portion of his child support in an educational trust fund. For her part, the wife requests an additional award to defray her legal expenses for this appeal. We conclude that the trial court (1) correctly classified and divided the marital estate, (2) properly sequestered a portion of the husband's assets to assure the timely and regular payment of his child support, and (3) properly declined to establish an educational trust fund for the child. We also conclude that the trial court erred by failing to direct the trial court clerk to return the remainder of the sequestered funds to the husband when his child support obligation ceased. In addition, we decline to award the wife her legal expenses for this appeal or to find that this appeal was frivolous.
Rutherford County Court of Appeals 06/11/94
Sarah Beth Clingan Overstreet v. Shoney's, Inc.
01A01-9612-CV-00566
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge John A. Turnbull

This appeal involves a freakish accident in which a shard from a broken dinner plate caused a restaurant patron to lose the sight in her left eye. The patron and her husband filed suit against the waitress who dropped the plate and the restaurant in the Circuit Court for Putnam County seeking damages for her injuries and for his loss of consortium. Following a three-day trial, the jury awarded the patron $2,013,000. On this appeal, the restaurant takes issue with several of the trial court’s evidentiary rulings, the trial court’s verdict form, and the trial court’s refusal to grant a remittitur. We affirm the judgment.

Putnam County Court of Appeals 06/04/94
E1999-00235-C0A-R3-CV
Authoring Judge:
Trial Court Judge: Thomas W. Graham
Rhea County Court of Appeals 05/14/94
Adkins vs. Keck
03A01-9804-CV-00141
Authoring Judge:
Trial Court Judge:
Court of Appeals 03/17/94
03A01-9506-CV-00205
Authoring Judge:
Trial Court Judge: Inman
Court of Appeals 01/28/94
Arthur Kerr vs. Christina Kerr
M2000-01730-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol A. Catalano
The trial court granted the parties a divorce, divided the marital property, and ordered child support, but not alimony. On appeal, the wife argues that the trial court erred in its division of marital property and in its failure to award her rehabilitative alimony. We affirm the trial court.
Robertson County Court of Appeals 12/27/93
In re: The Adoption of female child, E.N.R.
01A01-9806-CH-00316
Authoring Judge:
Trial Court Judge:
Court of Appeals 12/21/93
Paris vs. The City of Lebanon Personnel Review Bd.
01A01-9702-CH-00054
Authoring Judge:
Trial Court Judge:
Court of Appeals 10/12/93
Jacqueline Fields vs. Vincent Fifer
02A01-9804-JV-00118
Authoring Judge:
Trial Court Judge:
Shelby County Court of Appeals 08/18/93
Clinton Lien v. Nashville and Davidson County
M2002-00721-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Walter C. Kurtz
Chief Emmett H. Turner, of the Metropolitan Government of Nashville and Davidson County Police Department, discharged Appellant from employment as a police officer for certain violations of various rules and regulations. The officer appealed his discharge and, after a hearing, the Administrative Law Judge reduced his penalty to a thirty day suspension. The appeal was further heard before the Civil Service Commission, which reversed the ALJ and upheld the dismissal of the officer. The Chancery Court of Davidson County upheld the action of the Civil Service Commission. The officer appeals, and we affirm the judgment of the trial court.
Davidson County Court of Appeals 08/16/93
01A01-9503-Ch-00117
Authoring Judge:
Trial Court Judge:
Cheatham County Court of Appeals 07/15/93
Burress vs. Sanders
M1999-00210-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Thomas W. Graham
Sequatchie County Court of Appeals 05/16/93