Court of Appeals Opinions

Format: 11/23/2014
Format: 11/23/2014
Erica Rebecca Hurd (Deceased), by and through her parents and next friends, et al., v. David Woolfork, et al.
02A01-9607-CV-00170
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Whit A. Lafon

Plaintiffs Erica Rebecca Hurd, deceased, by and through her parents and next friends, Charles and Virginia Hurd, and Cortney Deshaun Ragland, a minor, by and through his next friend, Wanda Kay Grimes, appeal the trial court’s order dismissing their wrongful death actions against Defendants/Appellees Madison County and David Woolfork, Madison County’s Sheriff. We affirm.

Madison County Court of Appeals 05/06/97
Judy Margaret Jackson Virostek v. James R. Virostek
02A01-9601-CH-00019
Authoring Judge: Senior Judge Tomlin
Trial Court Judge: Chancellor Floyd Peete, Jr.

Judy Margaret Jackson Virostek (“Wife”) filed suit for divorce in the Chancery Court of Shelby County against James R. Virostek (“Husband”). Following a bench trial the chancellor entered a decree awarding Wife a divorce on the grounds of irreconcilable differences. The divorce decree also incorporated therein by reference a Marital Dissolution Agreement (“MDA”) awarding custody of the parties’ minor child to Wife as well as providing that Husband would pay child support along with rehabilitative alimony to Wife. Thereafter Husband filed a motion to modify the divorce decree relative to the payment of child support and alimony. Wife responded with a counter-petition seeking to have Husband held in contempt for failure to abide by the terms of the MDA. Following a hearing the chancellor denied Husband’s petition to modify relative to the payment of alimony and child support. The court also found Husband in contempt of court for failing to abide by the provisions of the MDA, ordered Husband to disperse funds from the trust account of the parties’ minor son to satisfy an outstanding tuition balance at the son’s private school and ordered Husband to pay Wife’s attorney fees, approximating $15,000.00.

Shelby County Court of Appeals 05/06/97
Beverly Dianne (Privette) Moore, v. Gary Thomas Moore
02A01-9610-CH-00265
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Chancellor Dewey C. Whitenton

This appeal involves a motion to set aside an order modifying child custody. Defendant, Gary Thomas Moore (Father), appeals the trial court’s order granting the Motion to Dismiss filed by plaintiff, Beverly Dianne Privette Moore (Mother), and denying his Motion for Relief Pursuant to Tenn.R.Civ.P. 60.02.

Fayette County Court of Appeals 05/02/97
Krisinda Bowers, A Minor, by next friend, Tammy K. Bowers and Steve Bowers, v. Stephen Hammond, et al
02A01-9601-CV-00011
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge John Franklin Murchison

Plaintiff Krisinda Bowers, a minor, by next friends Tammy K. Bowers and Steve Bowers (Krisinda’s parents), appeals the trial court’s order entering summary judgment in favor of Defendants/Appellees Stephen Hammond, The Jackson Clinic Professional Association, and Jackson-Madison County General Hospital. In dismissing the complaint, the trial court ruled that Krisinda’s action against the Defendants was barred by the threeyear statute of repose applicable to medical malpractice actions and, further, that Krisinda’s action against the Hospital was barred by her failure to comply with the statutory notice requirements formerly applicable to actions against governmental entities. We affirm in part and reverse in part.

Madison County Court of Appeals 05/02/97
Charles R. Browder and Teresa Noland Browder, v. Jerry C. Morris and Chris Castleberry, et al.
02A01-9602-CV-00039
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Wyeth Chandler

This is an interlocutory appeal by appellants, Charles R. and Teresa Noland Browder, from the trial court’s denial of a motion seeking to amend their complaint to name an additional party defendant pursuant to T.C.A. § 20-1-119. The statute was enacted in response to the supreme court’s decision in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992), which abolished the doctrine of contributory negligence in Tennessee and adopted principles of comparative fault. The statute allots a plaintiff in cases of comparative fault additional time beyond the normal running of the statute of limitations within which to join a previously unnamed defendant by either amendment of the complaint or institution of a separate action. The issue presented here is whether the statute as enacted contemplates the joinder of a third party defendant whose liability, if any, is vicarious only.

Shelby County Court of Appeals 05/01/97
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Bedford County Court of Appeals 04/30/97
Mayfield vs. Mayfield
01A01-9611-CV-00501
Authoring Judge:
Trial Court Judge:
Court of Appeals 04/30/97
Mayfield vs. Mayfield
01A01-9611-CV-00501
Authoring Judge:
Trial Court Judge: Muriel Robinson
Davidson County Court of Appeals 04/30/97
Out Patient Diagnostic Center vs. Christian
01A01-9510-CV-00467
Authoring Judge:
Trial Court Judge: Barbara N. Haynes
Davidson County Court of Appeals 04/30/97
Out Patient Diagnostic Center vs. Christian
01A01-9510-CV-00467
Authoring Judge:
Trial Court Judge:
Court of Appeals 04/30/97
Seagroves vs. TN. Department of Correction
01A01-9508-CH-00334
Authoring Judge:
Trial Court Judge: Robert S. Brandt
Davidson County Court of Appeals 04/30/97
McCamey vs. TN. Dept. of Correction
01A01-9701-CH-00033
Authoring Judge:
Trial Court Judge: Walter C. Kurtz
Davidson County Court of Appeals 04/30/97
01A01-9610-CV-00496
Authoring Judge:
Trial Court Judge: Buddy D. Perry
Franklin County Court of Appeals 04/30/97