Court of Appeals Opinions

Format: 10/01/2016
Format: 10/01/2016
Laura Muller vs. Evelyn Lannom
02A01-9702-CH-00043
Authoring Judge:
Trial Court Judge: J. Steven Stafford
Lake County Court of Appeals 12/17/97
02A01-9701-CV-00025
Authoring Judge:
Trial Court Judge: D'Army Bailey
Shelby County Court of Appeals 12/17/97
Brian David McCray, v. Irene Carol Klanseck McCray
01A01-9704-CH-00170
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Jim T. Hamilton

This appeal seeks review of a post-divorce decree judgment entered by the Trial Court on December 6, 1996, finding the husband guilty of contempt, adjusting alimony and child support, determining the amount of unpaid arrearage of each, ordering monthly payments of the adjudicated arrearage and committing the husband to jail upon failure to pay any monthly installment required by the order. On August 1, 1997, this Court filed an opinion disposing of a previous appeal from an order entered by the Trial Court December 22, 1995. No application was filed for permission to appeal to the Supreme Court, and mandate was issued to the Trial Court. The August 1, 1997 judgment of this Court is now final.

Court of Appeals 12/17/97
In re: The Conservatorship of Matthew Hurline
01A01-9703-PB-00135
Authoring Judge:
Trial Court Judge: Tom E. Gray
Sumner County Court of Appeals 12/17/97
City of Murfreesboro vs. Worthington
01A01-9703-CV-00124
Authoring Judge:
Trial Court Judge: Robert E. Corlew, III
Rutherford County Court of Appeals 12/17/97
Birdwell vs. McKinney, et. ux.
01A01-9701-CV-00023
Authoring Judge:
Trial Court Judge: James E. Walton
Robertson County Court of Appeals 12/17/97
01A01-9612-CV-00570
Authoring Judge:
Trial Court Judge: Tom E. Gray
Sumner County Court of Appeals 12/17/97
McCray vs. McCray
01A01-9704-CH-00170
Authoring Judge:
Trial Court Judge: Jim T. Hamilton
Maury County Court of Appeals 12/17/97
Mary Bain vs. Terrance Simpson
M2001-00088-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Robert E. Corlew, III
- This appeal involves a trial court's granting of a motion for remittitur following a jury's verdict of $19,790.00 in favor of the plaintiff. The suit arose from an automobile accident caused by defendant in which plaintiff's back was injured. The evidence at trial indicated that the injury was an aggravation of a preexisting condition that caused the plaintiff additional pain and suffering for a period of approximately six months. Based on our review of the evidence, we reverse the trial court's reduction of damages and reinstate the jury's verdict.
Rutherford County Court of Appeals 12/16/97
Terry E. McLeese, Jr., v. Tammy Lynn McLeese - Concurring
02A01-9605-CH-00130
Authoring Judge: Judge William H. Inman
Trial Court Judge: Chancellor Walton West

Custody of the five-year-old son of these parties was awarded to the appellee-mother in a post-divorce hearing. The parties initially agreed upon joint custody.  The father appeals, complaining essentially that the Chancellor relied too heavily on the tender years doctrine. We cannot substitute our judgment for that of the Chancellor, but are bound by the limitations imposed by TENN. R. APP. P., RULE 13(d). Unless the  evidence preponderates against the judgment, we must affirm.

Henry County Court of Appeals 12/16/97
Joan Douglas and Germantown REalty, Inc., D/B/A Coldwell Banker, v., Frank Tibbs and Afsameh M. Tibbs
02A01-9602-CH-00033
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Chancellor Floyd Peete, Jr.

This action to recover a commission on the sale of real estate was dismissed at the close of the plaintiff’s case. She appeals and presents for review the propriety of the dismissal of her case.

Shelby County Court of Appeals 12/16/97
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Knox County Court of Appeals 12/15/97
Darrell Turner v. Brian W. Skelly
01A01-9708-CV-00376
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Thomas Goodall

The plaintiff, Darrell Turner, has appealed from a jury verdict and judgment dismissing his suit against the defendant, Brian W. Skelly for personal injuries sustained when the right rear view mirror of a pick-up truck operated by defendant, Brian w. Skelly, struck plaintiff’s left elbow as he walked on the right edge of the road at 8:30 p.m. after dark.

Sumner County Court of Appeals 12/12/97