Court of Appeals Opinions

Format: 04/25/2017
Format: 04/25/2017
Cynthia Phillips vs. Francis Perot
02A01-9704-CV-00094
Authoring Judge:
Trial Court Judge:
Court of Appeals 03/17/98
Cynthia Phillips vs. Francis Perot
02A01-9704-CV-00094
Authoring Judge:
Trial Court Judge: J. Steven Stafford
Dyer County Court of Appeals 03/17/98
Arp vs. Arp
03A01-9808-CV-00273
Authoring Judge:
Trial Court Judge:
Court of Appeals 03/13/98
First American National Bank vs. Alexander & Betty Smith
02A01-9710-CH-00273
Authoring Judge:
Trial Court Judge:
Madison County Court of Appeals 03/12/98
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge: John R. Mccarroll, Jr.
Shelby County Court of Appeals 03/11/98
Robert Morris v. Columbia Construction
M2002-00503-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Robert L. Jones
In this suit for retaliatory discharge, Appellant asserts that his filing of a worker's compensation claim was a substantial factor in his employer's decision to terminate him. The trial court granted summary judgment to the employer. We affirm.
Maury County Court of Appeals 03/11/98
02A01-9709-CV-00206
Authoring Judge:
Trial Court Judge: Dick Jerman, Jr.
Gibson County Court of Appeals 03/11/98
Potter's Home Center, Inc., D/B/A Potter's Home Center, v. Lauren Dale Tucker, and Wilburn R. Viles, Sr., and wife Mildred E. Viles, and the Guaranty Title Company, and First American National Bank
03A01-9710-CH-00467
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge William E. Lantrip

Potter’s Home Center appeals the trial court’s summary judgment which dismissed its suit to enforce a materialman’s lien against Defendants/Appellees Wilburn R. Viles, Sr., and Mildred E. Viles. We affirm the trial court’s judgment based on our conclusion that Potter’s failed to comply with the applicable notice requirements of the mechanics’ and materialmen’s lien statutes.

Anderson County Court of Appeals 03/10/98
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