Court of Appeals Opinions

Format: 05/22/2015
Format: 05/22/2015
Casey Lynn Burgess, v. Brenda Lea (Burgess) Welch
03A01-9703-PB-00077
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge John A. Bean

By this appeal Casey Lynn Burgess insists that the Trial Court was in error in dismissing his petition for change of custody of his two children, custody of whom by the divorce decree was awarded to Ms. Welch.

Cumberland County Court of Appeals 06/06/97
Whitney Leigh Davidson, Minor Child, by next friend, Rozan Davidson, v. Donna Wright, et al.
03A01-9702-CH-00051
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Chancellor William Everett Lantripp

The Knox County Board of Education adopted a policy against the possession of weapons on school campuses for the school year beginning in September 1995. Whitney Leigh Davidson was provided a copy of the West High School Handbook which explained the policy and the consequences of its violation. On January 23, 1996, while a junior at West High School, she was suspended for a violation of the policy. Following a series of administrative hearings the Board of Education held a plenary hearing and upheld the decision to expel Ms Davidson for one year. Judicial review resulted in a finding that the Board had not acted arbitrarily, illegally or beyond its jurisdiction in expelling Ms. Davidson.

Knox County Court of Appeals 06/06/97
Aeyon Cho v. Dae-Young Jeong - Concurring
03A01-9608-CV-00257
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Bill Swan

We granted the application of Dae-Young Jeong (Husband) for an interlocutory appeal pursuant to Rule 9, T.R.A.P., to consider whether the trial court has subject matter jurisdiction to grant his wife, the plaintiff Aeyon Cho (Wife), an absolute divorce.

Knox County Court of Appeals 06/06/97
Jorge Ariel Sanjines, M.D., v. Ortwein and Associates, P.C., William H. Ortwein, J. Cris Helton, and John R. Morgan
3A01-9702-CV-00060
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge Douglas A. Meyer

Plaintiff, incarcerated in prison, brought this action against this attorney for alleged malpractice in representing him in the charges brought against him for criminal conduct.

Hamilton County Court of Appeals 06/05/97
W. Dale Gordon v. Robbyn Gordon - Concurring
03A01- 9702- CV- 00054
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Conrad Troutman, Jr.

This is a divorce case that comes to us in an unusual posture. The Husband filed his original complaint on April 3, 1996.  No answer was filed by the Wife.  A marital dissolution agreement was filed on June 12, 1996. The marital dissolution agreement provided for the division of  the parties' property and further contained the following provision:

The parties agree that they are equally responsible for the breakdown of  the marriage and respectfully request the court to declare them divorced rather than awarding a divorce to either party alone.

Scott County Court of Appeals 06/05/97
Richard Gause D/B/A Roofworks of Tennessee, v. Anice Cole, D/B/A Riverside Shop and Jerry Ogle
03A01-9707-CH-00001
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Chester R. Rainwater, Jr.

This case originated as an action to enforce a lien for work and materials pursuant to  T. C. A. § 66- 11- 126. The plaintiff alleged that he had furnished equipment, labor, and materials which were used for improvements on the property which the defendant, Cole occupied as lessee and the defendant, Ogle, was an owner. The defendant, Ogle, filed an answer, generally stated that he owned an interest in the subject property, but was without sufficient knowledge or information to form a belief as to the truth of the allegations set forth in the complaint.

 

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Sevier County Court of Appeals 06/05/97
Deborah Hendrix, v. First Tennessee National Corporation, D/B/A First Tennessee Bank
03A01-9701-CV-00032
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge G. Richard Johnson

This action for damages for defamation and outrageous conduct was dismissed on motion for summary judgment. The plaintiff presents the propriety of the dismissal for appellate review, which is de novo on the record with no presumption of correctness. Johnson v. EMPE, Inc., 837 S.W.2d 62, 68 (Tenn. App. 1992).

Court of Appeals 06/05/97
Mabel Donnelly v. Robert E. Walter M. D. and Hermitage Nursing Center - Concurring
03A01-9610-CV-00323
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor G. Richard Johnson

Plaintiff Mabel Donnelly (Donnelly) appealed the trial court’s denial of her motion to reconsider a grant of summary judgment to the defendants Dr.  Robert E. Walter (Dr. Walter) and Hermitage Nursing Home (Hermitage).  She presents for our review the question of whether the denial of her  motion to reconsider was an abuse of the trial court’s discretion. For their part, the defendants contend that Donnelly’s appeal should be dismissed because of her failure to serve a copy of the notice of appeal on the clerk of this court. We affirm.

Carter County Court of Appeals 06/05/97
Brian Grant vs. Tonya Grant
02A01-9603-CV-00053
Authoring Judge:
Trial Court Judge:
Court of Appeals 06/05/97
In Re: Estate of Carl Parrott; Wanda P. Patterson v. Jerry K Galyon - Concurring
03A01-9612-CH-00386
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Chester S. Rainwater, Jr.

This is a declaratory action wherein the parties seek to have a portion of the will of Carl Parrot t, deceased, construed by the court. Carl Parrott died testate on February 20, 1990. His Last Will and Testament was executed on January 3, 1983, and named his attorney, Jerry K. Galyon, and his daughter, Wanda Parrott Patterson, co- executors.

Sevier County Court of Appeals 06/04/97
Christopher Brian Minnich, v. Nancy Graves Roberson
03A01-9612-CV-00384
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Bill Swann

This is an appeal from the judgment of the trial court granting joint custody of the parties' minor children to the parties, with the husband having primary residential custody. For reasons hereinafter stated, we affirm the judgment of the trial court.

Court of Appeals 06/04/97
Edward J. Eyring, M.D., v. Fort Sanders Parkwest Medical Center, Inc., and Fort Sanders Alliance, Inc.
03A01-9607-CV-00240
Authoring Judge: Per Curiam
Trial Court Judge: Judge Wheeler A. Rosenbalm

We are primarily called upon in this appeal to decide whether the Tennessee Peer Review Law of 1967 ( T. C. A. § 63-6-219) ( t he La w), grants immunity to hospitals for actions taken against physicians. 1. Parkwest Hospital was purchased by Fort Sanders Alliance in 1990 and became known as Fort Sanders Parkwest Medical Center. We hereafter refer to the hospital as "Parkwest". 2.  upon recommendations of peer review boards or committees.  For reasons hereinafter stated, we believe that the law was intended to, and does, grant hospitals such immunity. We affimr the judgment of the trial court.

Knox County Court of Appeals 06/04/97
Terri G. Bowers, v. Frederick Allan Bowers
03A01-9701-CV-00008
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge Bill Swann

In this custody dispute, the Trial Judge granted custody of the parties' child to the father, and the mother has appealed.

Knox County Court of Appeals 06/04/97