Court of Appeals Opinions

Format: 03/28/2017
Format: 03/28/2017
Rovene Lowe, v. Winnie Sue Sanders Cannon and husband, Robert Cannon
02A01-9707-CH-00147
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor John Walton West

This is a suit to establish a resulting trust and to recover for the breach thereof. Plaintiff/Appellee Rovene Lowe (Lowe) brought suit alleging a resulting trust and seeking damages arising from an alleged breach by Defendants/Appellants Winnie Sue Sanders Cannon  (Mrs. Cannon) and Robert Cannon (Mr. Cannon).  Charles Sanders died in 1990. The trial court found that Lowe had proven the existence of a resulting trust and that the Cannons had breached the trust. Consequently, the trial court awarded Lowe $15,840 in damages. The Cannons appeal.

Henry County Court of Appeals 04/08/98
Kerry Garland v. Jim Bonner and d/b/a EZA Aqua Glass Pools; Ken Hopkins and Pam Hopkins v. Jim Bonner and d/b/a EZA Aqua Glass Pools - Concurring
01A01-9710-CV-00570
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge William B. Cain

This is an appeal of two cases consolidated for trial. Both cases originated in the General Sessions Court of Maury County, Tennessee and are styled as follows:

Ken Hopkins and wife Pam Hopkins,
Plaintiffs,
vs.
Jim Bonner, Individually and d/b/a
EZA Aquaglass Pools,
Defendant.
___________________________________
Kerry Garland,
Plaintiff,
vs.
Jim Bonner, individually and d/b/a
EZA Aquaglass Pools,
Defendant.

Maury County Court of Appeals 04/08/98
Carver Plumbing Company v. Martha Cone Beck
01A01-9708-CV-00377
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Walter C. Kurtz

Plaintiff Carver Plumbing Company, Inc. (Carver Plumbing), appeals the trial court’s order entering summary judgment in favor of Carver Plumbing’s former attorney, Defendant/Appellee Martha Cone Beck (Beck). We reverse the trial court’s judgment based on our conclusion that a genuine issue of material fact exists as to whether Carver Plumbing’s action against Beck is barred by the one-year statute of limitations applicable to legal malpractice actions.

Davidson County Court of Appeals 04/08/98
Gail Joan Hollen Ritchie v. David Anthony Ritchie
01A01-9708-CH-00425
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Robert E. Burch

This is an appeal from a divorce decree in which the only issue is which parent should have principal custody of Luke, the minor child of the parties who was born July 13, 1993. The divorce decree of the Trial Court granted principal custody to the father, and the mother appealed to this Court. Her sole issue on appeal is: The Trial Court erred in denying Plaintiff/Appellant primary custody of the minor child of this marriage.

Houston County Court of Appeals 04/08/98
The Oak Ridge Boys, Inc., v. Steve H. Sanders, et. al.
01A01-9708-CH-00401
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Tom E. Gray

This is an unemployment compensation case. Plaintiff, The Oak Ridge Boys, Inc., appeals the order of the trial court which affirmed the decision of the Board of Review of the Tennessee Department of Employment Security to award benefits to Steve Sanders.
 

Sumner County Court of Appeals 04/08/98
Est. of John B. Ferguson, Jr., Deceased, and John and Patricia Sylawa, v. First American Trust Company, N.A., Executor
01A01-9707-PB-00313
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Frank G. Clement, Jr.

This is a will contest case involving a succession of wills, disputes as to the testamentary capacity of the testator at the time of the making of each of the wills, and the standing of the contestants. At the present stage of the proceedings, the contestants are in the position of plaintiffs, because they initiated the contest.

Davidson County Court of Appeals 04/08/98
Jacqueline S. Whiteside, v. Jerry Whiteside
03A01-9707-CV-00272
Authoring Judge: Senior Judge William H. Williams
Trial Court Judge: Judge Samuel H. Payne

This appeal is from the action by the trial court on a contempt citation by the Appellant, hereinafter “Wife,” and a Petition to Modify the original Divorce Decree and a motion under Rule 60, Tenn. R. Civ. P., brought by the Appellee, hereinafter “Husband.”

Hamilton County Court of Appeals 04/07/98
Tipton County Department of Public Instruction, et al., v. Delashmit Electric Company, et al.
02A01-9704-CH-00084
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor John Hill Chisolm

This is a breach of contract case involving the enforcement of an arbitration clause. We find the arbitration clause applicable, reverse the judgment of the lower court, and remand the case for
arbitration.

Tipton County Court of Appeals 04/07/98
Jacqueline S. (Weibel) Brewer v. Joseph William Weibel, III - Concurring
02A01-9703-CH-00067
Authoring Judge: Judge Hewitt Tomlin
Trial Court Judge: Chancellor Neal Small

This is a post-divorce child custody suit. Joseph Weibel III (“father”) filed a petition in the Chancery Court of Shelby County against Jacqueline Brewer (“mother”) seeking to have custody of the parties’ minor child, Joseph Weibel IV, (“Joey”) changed from mother to father. Mother had primary  physical custody of the parties’ child pursuant to a consent order calling for joint custody. Following a hearing, the chancellor awarded father sole custody, with mother having extensive visitation. The court also ordered father to pay mother’s attorney fees and expenses in connection with the litigation. Mother has raised two issues by this appeal. First, whether the evidence preponderates against the finding of the chancellor that it was in the best interest of the parties’ child to award custody to father. And  second, although father was directed to pay mother’s attorney fees and litigation expenses in connection with the trial below, mother as appellant herein raises the issue of whether the chancellor abused his discretion in directing father to pay mother’s attorney fees. For the reasons hereinafter stated, we affirm the award of custody to father and reverse the award of  attorney fees to mother.

Shelby County Court of Appeals 04/07/98
Myra Jean McCorkle v. The County of Dyer Tennesseee
02A01-9701-CV-00020
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge J. Steven Stafford

This is a premises liability case under the Tennessee Governmental Tort Liability Act. The trial court granted summary judgment to the defendant governmental entity. We affirm.

Dyer County Court of Appeals 04/06/98
In re: The Estate of Harold L. Jenkins, Hugh C. Carden and Donald W. Garis, as Co-Executors of the Harold L. Jenkins Estate, v. Joni L. Jenkins and Kathy L. Jenkins - Concurring
01A01-9709-CH-00500
Authoring Judge: Judge William C. Koch
Trial Court Judge:

I concur with the Court’s decision on the ground that the summaries of Harold L. Jenkins’s financial records indicate a lack of trustworthiness because of their method of compilation and their incompleteness.

Sumner County Court of Appeals 04/06/98
Patty M. Richards v. O'Connor Management, Incorporated and Russ Hackett
01A01-9708-CV-00379
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Barbara N. Haynes

Plaintiff Patty M. Richards appeals the trial court’s order granting the motion for summary judgment filed by Defendants/Appellees O’Connor Management, Inc., and Russ Hackett.In entering summary judgment in favor of the Defendants, the trial court dismissed Richards’ claims for outrageous conduct and false imprisonment. We affirm in part, reverse in part, and remand for further proceedings.

Davidson County Court of Appeals 04/03/98
Joseph Anthony Gannon and Gloria C. Gannon, et. al., v. Robert Koch and Deborah Koch, et. al.
01A01-9708-CH-00404
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Alex W. Darnell

The defendants, Robert and Deborah Koch, have appealed from a non jury judgment that plaintiffs, Joseph and Gloria Gannon, have a private easement from their land across the land of
defendants for access to the public way.

Montgomery County Court of Appeals 04/03/98