Court of Appeals Opinions

Format: 07/29/2014
Format: 07/29/2014
Joseph Chidester and wife, Kathleen Chidester v. L. D. Elliston, O.D.
02A01-9602-CV-00029
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Joseph H. Walker, III

In this medical malpractice action, the Plaintiffs, Joseph and Kathleen Chidester, 2 filed suit against the Defendant, Dr. L. D. Elliston, for failing to diagnose the Plaintiff’s malignant tumor. The trial court granted the Defendant’s motion for summary judgment holding that the Plaintiffs’ cause of action is barred by the one year statute of limitations. The Plaintiffs’ have appealed the trial court’s order arguing that the statute of limitations does not bar this action because the Plaintiffs’ cause of action did not accrue until the Plaintiff’s malignancy recurred. For the reasons stated hereafter, we reverse the judgment of the court below and remand.

Tipton County Court of Appeals 02/20/97
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 02/19/97
Sherry Denise Thearp Ervin, v. Dale Edward Ervin
02A01-9605-CH-00097
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor Dewey C. Whitenton

This is an appeal from a Final Decree of Divorce entered January 5, 1996. Plaintiff, Sherry Denise Thearp Ervin (Wife), appeals from the order of the trial court granting her an absolute divorce from the defendant, Dale Edward Ervin (Husband). 1 In her first issue, Wife argues that the trial court should have awarded her the parties’ ski boat. We will consider this assertion with the second issue. 2 Wife appeals the trial court’s decision concerning the division of the marital property, the amount of child support, and the denial of an award of attorneys’ fees.

Hardeman County Court of Appeals 02/13/97
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 02/12/97
Johnny Glenn Hilliard v. Misty Lynn Hilliard and Terry Minton - Concurring
02A01-9609-CH-00230
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor William Michael Maloan

Johnny Glenn Hilliard (Father) appeals from the order of the trial court granting visitation rights to his son’s maternal grandmother. Father and Misty Lynn Hilliard (now Schrems) (Mother) married in 1992. Alexander Glenn Hilliard (Alex) was born in May 1993. The parents divorced in January, 1995 and temporary custody1 was awarded to Terry Minton, the maternal grandmother. At that time, Mother was living with her mother, Terry Minton. Mother currently resides in Florida with her present husband.

Weakley County Court of Appeals 02/12/97
William Thomas Winchester, v. Glenda Rachelle Winchester
02A01-9604-CH-00092
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Joe C. Morris

This is a child custody case. The trial court awarded Appellant William Thomas Winchester (“Husband”) and Appellee Glenda Rachelle Winchester (“Wife”) joint custody of the minor child of the marriage, which both parties appeal. We vacate the trial court’s award of joint custody and remand the case to the trial court to conduct further findings of fact concerning each party’s comparative fitness and to award custody to either Husband or Wife.

Chester County Court of Appeals 02/12/97
James P. Mitchell, v. James Davenport, Commissioner of the Departmentof Employment Security of the State of Tennessee, Noma Outdoor Products, Inc.
02A01-9510-CH-00230
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Joe C. Morris

In this unemployment compensation case, James Mitchell (“Mitchell”) filed a claim 2 for unemployment compensation with the Tennessee Department of Employment Security (“TDES”). TDES approved Mitchell’s claim, and Mitchell’s employer, NOMA Outdoor Products, Inc. (“NOMA”), appealed TDES’ claim approval. On appeal, the Appeals Tribunal ruled that Mitchell was not eligible for unemployment benefits pursuant to T.C.A. § 50-7-303(a)(2) due to work-connected misconduct and declared that the $1,190.00 in unemployment benefits that Mitchell had previously received was an overpayment. Mitchell thereafter requested that TDES waive his $1,190.00 overpayment pursuant to T.C.A. § 50-7-303(d)(2). The Appeals Tribunal denied Mitchell’s request for a waiver of the overpayment, and Mitchell appealed the decision of the Appeals Tribunal to the Board of Review. The Board of Review adopted the findings of fact and decision of the Appeals Tribunal and denied Mitchell’s request for a waiver of the overpayment. Mitchell thereafter filed a petition to rehear which was denied by the Board of Review. Pursuant to T.C.A. § 50-7-304(i), Mitchell filed a petition for certiorari in chancery court seeking judicial review of the Board’s decision. The chancery court dismissed Mitchell’s petition for certiorari and affirmed the decision of the Board of Review, denying Mitchell’s request for a waiver of the overpayment. Mitchell appeals from the order of the chancery court arguing that the chancery court erred in admitting additional evidence and erred in not vacating or setting aside the decision of the Board of Review. For the reasons stated hereafter, we affirm the judgment of the chancery court.
 

Madison County Court of Appeals 02/12/97
Driber vs. Physicians Health Care
01A01-9607-CH-00310
Authoring Judge:
Trial Court Judge: Ellen Hobbs Lyle
Davidson County Court of Appeals 02/12/97
P. 54.04(2); See Lock v. National Union Fire Ins. Co., 809 S.W.2D 483, 490 (Tenn.
01A01-9606-CV-00251
Authoring Judge:
Trial Court Judge:
Davidson County Court of Appeals 02/12/97
01A01-9605-CH-00218
Authoring Judge:
Trial Court Judge: Samuel L. Lewis
Court of Appeals 02/12/97
Michael Kindall v. Jim H. Rose - Concurring
01A01-9610-CH-00495
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Judge Jim T. Hamilton

The captioned petitioner, an inmate of an institution operated by a private contractor for the Tennessee Department of Correction, has appealed from the summary dismissal of his petition for certiorari for review of disciplinary actions of the defendants.

Wayne County Court of Appeals 02/07/97
Jonthan Hyler v. Charles Traughber, Chairman Tennessee Board of Paroles, et al.
01A01-9610-CH-00482
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

The captioned petitioner has appealed from the judgment of the Trial Court dismissing his petition for certiorari from the action of the Board of Paroles denying hisapplication for parole from the custody of the Department of Correction.

Davidson County Court of Appeals 02/07/97
Tina R. Guffey vs. Wenco of Shelbyville, Inc., d/b/a Wendy's Restaurant - Concurring
01A01-9609-CV-00400
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Judge Lee Russell

This is a “slip and fall case” in which the jury awarded $173,250, and the defendant appealed.

Bedford County Court of Appeals 02/07/97