Court of Appeals Opinions

Format: 01/24/2017
Format: 01/24/2017
Elizabeth Bates vs. Robert Bates
02A01-9708-CH-00185
Authoring Judge:
Trial Court Judge:
Shelby County Court of Appeals 03/10/98
Less, Getz & Lipman vs. Rainbow Entertainment
02A01-9706-CV-00124
Authoring Judge:
Trial Court Judge: Janice M. Holder
Shelby County Court of Appeals 03/10/98
The Town of Collierville, Tennessee, Schilling, Inc., Jane Porter Feild, and Joel H. Porter, v. Norfolk Southern Railway Company
02A01-9706-CV-00134
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge John R. McCarroll, Jr.

Defendant Norfolk Southern Railway Company appeals the trial court’s orders of
possession entered in favor of Plaintiff/Appellee Town of Collierville in two eminent domain
cases. In entering its orders of possession, the trial court ruled that, as a matter of law, the
Town of Collierville had the right to condemn easements across Norfolk Southern’s railroad
track for the purpose of constructing two grade crossings and that Norfolk Southern was
not entitled to an evidentiary hearing on the right-to-take issue. For the reasons hereinafter
stated, we reverse the trial court’s orders of possession and remand for further
proceedings.

Shelby County Court of Appeals 03/06/98
Sidney Tillman Hoover, v. Daniel Edmondson Hoover
01A01-9706-CV-00245
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge H. Denmark Bell

This is a divorce case. Defendant-appellant Daniel Hoover appeals the trial court’s division of marital property and asserts that the land containing the parties marital home was improperly classified as wife’s separate property. Plaintiff-appellee Sidney Hoover asserts that the trial court erred in failing to award her one-half of Husband’s retirement account.

Williamson County Court of Appeals 03/06/98
In the matter of: Joel Kristen Sipe, State of Tennessee, Dept. of Childrens Services v. Bruce Sipe and Laurel Sipe
01A01-9704-JV-00185
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Andrew J. Shookhoff

This is a termination of parental rights case. The minor child in question is Joel Kristen Sipe, born September 7, 1995 to Laurel Sipe (“Mother”) and Bruce Sipe (“Father”). The trial court terminated the parental rights of both parents as to this child after finding on clear and convincing evidence that grounds existed to do so. Both parents have appealed. For the reasons expressed below, we affirm.

Davidson County Court of Appeals 03/06/98
Van Adrian Barker v. Patsy Lou (Randolph) Sledd Barker - Concurring
01A01-9704-CH-00192
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge:

I concur with the court’s opinion for two reasons. First, the expenses associated with the upkeep of the Gail Drive house were more than off-set by the rental income from the house. Second, the increase in the value of the house was due, not to Mr. Barker’s contributions to the maintenance of the house which were de minimis, but to the appreciation in the value of real property in general.

Court of Appeals 03/06/98
Rickye D. Anderson v. L. Lois Anderson
01A01-9704-CH-00186
Authoring Judge: Judge Alan E. Highers
Trial Court Judge:

Appellant has filed a petition to rehear which, after due consideration is respectfully denied.

Rutherford County Court of Appeals 03/06/98
Van Adrian Barker v. Patsy Lou (Randolph) Sledd Barker - Concurring
01A01-9704-CH-00192
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Judge Tom E. Gray

In this divorce case, the husband Van Adrian Barker has appealed from the judgment of the Trial Court declaring the parties to be divorced under TCA § 36-4-129, and dividing the marital estate. The appellant presents only the following issue:

I.    Whether the Chancellor erred in finding that the husband did not substantially contribute to the appreciation of the rental property owned by the wife, thereby denying the husband a share in that appreciation.

Sumner County Court of Appeals 03/06/98
City of Murfreesboro v. Mariann M. Worthington, City of Murfreesboro v. Thomas W. Worthington and wife, Mariann M. Worthington
01A01-9703-CV-00124
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge:

Upon consideration of the petition for rehearing of Plaintiff/Appellant City of Murfreesboro, the petition is denied.

Rutherford County Court of Appeals 03/06/98
Bobby Blackmon, v. Steven F. Glaser
01A01-9606-CV-00269
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Thomas Goodall

The plaintiff, Bobby Blackmon, has appealed from a judgment reading as follows: The Motion to Set Pretrial Management Conference is overruled. This order shall be considered as a final judgment disposing of any claim, right or liability of any party as contemplated by T.R.A.P. Rule 3(a). IT IS SO ORDERED this 1st day of March, 1996.

Sumner County Court of Appeals 03/06/98
Ronald E. Nelson v., James P. Everett, et al.
02A01-9707-CV-00150
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge James E. Swearengen

Plaintiff/Appellant, Ronald E. Nelson (“Nelson”) appeals the judgment of the trial court granting defendants/appellees’, James P. Everett (“Everett”) and Memphis Publishing Company, Inc., d/b/a The Commercial Appeal (“Memphis Publishing Company”) (collectively “defendants”), motion for summary judgment. For reasons stated hereinafter, we affirm the judgment of the trial court.

Shelby County Court of Appeals 03/04/98
Patricia Herndon, Next of Kin of Warren G. Price, Deceased, v. Michael and Jeanette Hughes, and Jeff McAlpin, D/B/A Pyramid Motors and McAlpin Enterprises
02A01-9706-CV-00128
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge James E. Swearengen

This appeal involves an automobile accident and the subsequent wrongful death action brought by the daughter of the decedent. Plaintiff-appellant, Patricia Herndon, filed suit against
Michael Hughes, the driver of the other automobile, the driver’s wife Jeanette Hughes, co-owner 2 of the vehicle, and Jeff McAlpin & Associates, Inc., (McAlpin), the car dealership that sold Mr. Hughes the automobile. Ms. Herndon appeals the order of the trial court granting summary judgment to McAlpin.

Shelby County Court of Appeals 03/04/98
Southland Realtors Inc., v. Tabor Construction Company, Inc., - Concurring
03A01-9710-CV-00455
Authoring Judge: Judge William H. Inman
Trial Court Judge: Judge Harold Wimberly

The trial court allowed the plaintiff a recovery of a commission for the sale of real estate. The defendant appeals, insisting that (1) the plaintiff was not a party to the sales agency contract and thus had no standing to file this action, (2) the agency contract expired before performance, (3) the plaintiff “performed no useful work,” and (4) the record “cannot support a judgment for anyone.” Each of these issues alleges that the trial court erred in failing to grant summary judgment.

Knox County Court of Appeals 03/03/98
W. Stephen Renfro, Jr., v. John Doe
03A01-9710-CV-00447
Authoring Judge: Per Curiam
Trial Court Judge: Judge Dale Workman

This is an appeal from a summary judgment entered i favor of Ohio Casualty Insurance Company, an unnamed party brought before the court pursuant to T.C.A. § 5 6 - 7 - 1 2 0 6 .  The question before us is whether the plaintiff, Steven Renfro, is an insured within th emeaning of Ohio Casualty's uninsured motorist (UM) policy provisions. The precise issues, whether the plaintiff, at the time of his injury, was "occupying" the covered vehicle as that term is defined in the policy under consideration. The trial court fond, on motion for summary judgment, that the plaintiff was not "occupying" the ehicle. we reverse the judgment of the trial court.

 

Knox County Court of Appeals 03/03/98