Court of Appeals Opinions

Format: 09/20/2020
Format: 09/20/2020
Sammy Vest vs. Francis Goswitz
E2001-01613-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: James B. Scott, Jr.
This is a medical malpractice case filed on January 3, 2000, and amended on January 11 of the same year. The suit was by Sammy W. Vest and his adult children, Anglia M. Somner, Cheryl D. Travis, and Danny W. Vest, against Dr. Francis Goswitz and Dr. Helen Vodopick. The suit seeks damages for the Defendants' failure to refer Mr. Vest to a specialist, resulting in an injury to him as well as to his children. The Trial Judge sustained a motion by the Defendants to dismiss the children as parties Plaintiff, and later a motion for summary judgment as to Mr. Vest's suit. He further granted sanctions pursuant to Rule 11.03 against counsel for the Plaintiff. We affirm.
Anderson County Court of Appeals 11/14/02
The Rogers Group vs. Anderson County
E2002-00409-COA-R9-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Telford E. Forgerty, Jr.
After case was tried, the Trial Judge recused and another Judge was designated who granted a new trial on all issues. On appeal, we affirm.
Anderson County Court of Appeals 11/13/02
Robert Jones vs. Vick Idles
E2001-02833-COA-R9-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: William E. Lantrip
Anderson County Court of Appeals 06/26/02
Robert Jones vs. Vick Idles
E2001-02833-COA-R9-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: William E. Lantrip
Anderson County Court of Appeals 06/26/02
Erin Moneymaker Earley v. Robert A. Moneymaker
2001-02462-COA-R3-CV
Authoring Judge:
Trial Court Judge: William E. Lantrip
Anderson County Court of Appeals 06/26/02
Jonathan H. vs. James Stewart
E2001-02485-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: William E. Lantrip
This is a suit brought by Jonathan H., through his mother and next friend, Lisa S., and Lisa S., individually, seeking by means of a writ of certiorari and supercedes, to reverse a determination of the Anderson County School Board expelling Jonathan H. for one year because the Board found that he had violated its zero tolerance policy by possessing drugs on a school campus. We vacate the judgment below, dismiss the appeal and remand.
Anderson County Court of Appeals 06/25/02
Ronald Meredith vs. James Stair
E2001-02852-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: James B. Scott, Jr.
In this suit seeking damages for breach of contract, Ronald C. Meredith, Jr., and Clinton Broadcasters, Inc., were granted a judgment against James F. Stair in the amount of $84,326. Mr. Stair appeals. His single issue insists that the Trial Court was in error in finding a breach of contract. We disagree and affirm.
Anderson County Court of Appeals 04/15/02
M.P.P.,al vs. D.L.K. In Re: C.E.P.
E2001-00706-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: William E. Lantrip
The stepfather, M.P.P. ("Stepfather"), and the biological mother, A.P.P. ("Mother"), of a minor child ("Child") filed a petition to terminate the parental rights of the Child's biological father, D.L.K. ("Father"), so that Stepfather could adopt the Child. When the Child was 17 months old, Father received a 130-month prison sentence. The Trial Court granted partial summary judgment as a matter of law to Mother and Stepfather and terminated Father's parental rights. Father appeals. We affirm, in part, and vacate, in part, and remand.
Anderson County Court of Appeals 02/13/02
2000-02521-COA-R3-CV
Authoring Judge:
Trial Court Judge: James B. Scott, Jr.
Anderson County Court of Appeals 02/13/02
State ex rel. Margaret Holtsinger vs. Jack Elrod
E2001-00257-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: William E. Lantrip
These parties were divorced in May 1996. Custody of their children was awarded to Wife. The oldest child, Catherine, DOB July 14, 1981, was mentally and physically afflicted. Support was awarded as the Guidelines direct. Father filed a petition to modify the judgment by eliminating the support requirement for Catherine, who reached her majority. The Chancellor held that the duty of support of the afflicted child was a continuing one. We affirm.
Anderson County Court of Appeals 12/10/01
John Warfield, et ux vs. Carlos Lowe, et al
E2001-01042-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: James B. Scott, Jr.
Plaintiff sought to establish insurance coverage for his injuries under his employer's policy. The Trial Judge declared no coverage. On appeal, we affirm.
Anderson County Court of Appeals 12/10/01
Donna Sharon Presley vs. Clavin Herman Shadrick, et al .
E2001-00015-COA-R3-JV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Patricia R. Hess
This is a custody and guardianship suit between petitioners, neither of whom is the biological or adoptive parent of the set of twins ("Children") who are at the center of this dispute. The parties in this appeal are, on one side, the Children's maternal great uncle and his wife, Calvin Herman Shadrick and Willie Mae Shadrick ("Shadricks"), and, on the other side, the children's paternal grandmother, Donna Sharon Presley ("Presley"). The trial court granted custody and guardianship of the Children to the Shadricks. Presley appeals. We affirm
Anderson County Court of Appeals 10/17/01
Johnny Jenkins v. Kemper Insurance Co.
E2001-00154-WC-R3-CV
Authoring Judge: Sr. Judge John K. Byers
Trial Court Judge: James B. Scott, Jr.
Anderson County Court of Appeals 09/26/01