Court of Appeals Opinions

Format: 07/26/2017
Format: 07/26/2017
Linda Lee Hollingsworth, v. James David Hollingsworth, Jr.
01A01-9706-CV-00252
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Muriel Robinson

In this divorce case, the defendant-counter claimant husband has appealed from the judgment of the Trial Court dismissing the husband’s counterclaim; granting the wife a divorce on grounds of inappropriate marital conduct, $750 per month alimony until her death or remarriage, and $10,000.00 attorneys fees; and dividing the marital estate.

Davidson County Court of Appeals 04/03/98
James B. Oliver v. Harriet C. Upton, et. al.
01A01-9705-CH-00197
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

Defendant Harriet C. Upton, now known as Harriet Cathey, appeals the trial court’s final judgment awarding Plaintiff/Appellee James B. Oliver the sum of $15,225.66, continuing in effect the lis pendens filed against the subject property pending Cathey’s satisfaction of the judgment, denying Cathey’s request for attorney’s fees, and assessing forty percent (40%) of the costs against Cathey. We affirm the judgment in part (with modifications), reverse in part, and remand for further proceedings.

Davidson County Court of Appeals 04/03/98
Brian Keith Feather, v. Dolly Dekrafft Feather
01A01-9704-CH-00183
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Buddy D. Perry

This somewhat protracted litigation began in August 1993 when Brian Keith Feather (Husband) filed for divorce from Dolly deKrafft Feather (Wife). A divorce decree was entered by the chancery court in September 1994, which, inter alia, dissolved the fifteen year marriage of the parties and determined custody of their four minor children. Separate orders pertaining to the case were entered by the trial court in August and October, 1995, respectively. Both parties appealed therefrom, but this Court in April 1996, determined that the parties’ respective appeals were from a nonfinal judgment. Litigation thereafter continued due to the parties’ filings of various petitions for contempt, to rehear and to modify custody. After additional hearings, the trial court entered its final judgment in December 1996 from which both parties have appealed.1 The primary issues before us concern the trial court’s decisions regarding child custody and classification and division of the marital estate. For the reasons hereinafter stated, we affirm as modified.

Franklin County Court of Appeals 04/03/98
Steven Cobb v. Joseph Vinson, Chairman LCRCF Disciplinary Board, et al. - Separately Concurring
02A01-9707-CV-00144
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge:

I agree with the majority’s analysis in this case. However, I concur separately to emphasize
that our review, under either the common law writ of certiorari or the statutory writ, should be
limited to hearing the petitioner’s claims regarding “the illegality of acts taken by the disciplinary
board.” Williams v. Tennessee Dept. of Correction, No. 02A01-9503-CV-00046 1995 WL 575142
(Tenn. App. Oct. 2 1995). Even if the requirements of a statutory writ of certiorari are met, our
review should not include the substance of the disciplinary proceeding, i.e. whether the petitioner
actually committed the acts with which he was charged.
 

Lake County Court of Appeals 04/01/98
Robert Utley v. Robert Orr-Sysco
M2000-02904-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Barbara N. Haynes
This is a premises liability case. The plaintiff was shopping in a store owned by the defendant when the plaintiff slipped and fell on a clear liquid substance and sustained personal injuries. The plaintiff shopper sued the defendant store owner on a theory of premises liability. The trial court granted summary judgment in favor of the defendant. The plaintiff now appeals. We affirm, finding that the plaintiff submitted insufficient evidence to create a genuine issue of material fact regarding whether the store had actual or constructive notice of the dangerous condition prior to the plaintiff's fall.
Davidson County Court of Appeals 03/27/98
Casa vs. Musick
03A01-9708-JV-00368
Authoring Judge:
Trial Court Judge:
Court of Appeals 03/27/98
03A01-9708-CH-00376
Authoring Judge:
Trial Court Judge:
Court of Appeals 03/27/98
Isom vs. Knox Co.
03A01-9708-CH-00333
Authoring Judge:
Trial Court Judge:
Knox County Court of Appeals 03/27/98
Lucas vs. Lucas
03A01-9707-CV-00298
Authoring Judge:
Trial Court Judge:
Court of Appeals 03/27/98
Peele vs. Earl
03A01-9707-CV-00244
Authoring Judge:
Trial Court Judge:
Court of Appeals 03/27/98
Beck vs. Beck, Jr.
01A01-9710-CV-00547
Authoring Judge:
Trial Court Judge: Thomas Goodall
Court of Appeals 03/27/98
Moody vs.Dist. Public Defenders Conference
01A01-9707-CH-00311
Authoring Judge:
Trial Court Judge:
Davidson County Court of Appeals 03/27/98
Waters vs. Layne
01A01-9708-CV-00402
Authoring Judge:
Trial Court Judge: Buddy D. Perry
Marion County Court of Appeals 03/27/98