Court of Appeals Opinions

Format: 07/01/2015
Format: 07/01/2015
Kathy L. Moyers, v. Roald A. Moyers
01A01-9612-CV-00556
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Muriel Robinson

This appeal followed a long course of post-divorce litigation that prevented the parties from enjoying the peace that should have come from the dissolution of their unhappy marriage. The trial court found the husband guilty of five counts of criminal contempt for failing to comply with the court’s orders regarding division of marital property and payment of alimony in solido, and ordered him to serve ten days in jail for each count. On appeal we reverse the trial court as to four of the five counts.

Davidson County Court of Appeals 07/02/97
Chong Y. Struck v. Gary L. Struck - Concurring
01-A-01-9612-CH-00547
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Robert E. Corlew, III

The question in this case is whether the alimony set by the court was subject to modification.  The trial judge terminated the alimony upon the wife’s remarriage.  We affirm.

Rutherford County Court of Appeals 07/02/97
Helen S. Rogers vs. Tom E. Watts, Jr. - Concurring
01-A-01-9611-CV-00500
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Thomas W. Brothers

This is an appeal by defendant/appellant, Thomas E. Watts, Jr., from the decision of the Sixth Circuit Court of Davidson County finding Mr. Watts liable for malicious prosecution and awarding plaintiff/appellee, Helen S. Rogers, $18,000.00 in damages. The facts out of which this matter arose are as follows.

Davidson County Court of Appeals 07/02/97
Helen S. Rogers v. Tom E. Watts, Jr. - Dissenting
01-A-01-9611-CV-00500
Authoring Judge: Judge Ben H Cantrell
Trial Court Judge:

I respectfully dissent from the majority opinion on two grounds: (1) probable cause and (2) damages -- neither of which is presented with  much clarity in the briefs. But the issues are of such importance to the practice of law in this state that I feel they should be addressed.

Davidson County Court of Appeals 07/02/97
Joe E. Armstrong v. Tennessee Department of Veterans Affairs, Commissioner Fred Tucker and Tennessee Civil Service Commission and Eleanor E. Yoakum
01A01-9610-CH-00476
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Robert S. Brandt

The question in this case is whether a state employee protected by civil service has a right to be heard before being reclassified to the unprotected executive service. The Chancery Court of Davidson County held that the employee had a right to grieve the reclassification. We affirm.

Davidson County Court of Appeals 07/02/97
Lorraine Burton Spears Marcus vs. Trent Wright Marcus - Concurring
02A01-9611-CH-00278
Authoring Judge: Judge William H. Inman
Trial Court Judge: Chancellor Floyd Peete

This case is a procedural quagmire. The dispositive issue on appeal, though not of the merits, of the case, is whether the Chancellor was correct in declining to assume jurisdiction of it.

Shelby County Court of Appeals 07/01/97
Anthony P. Guiliano v. Cleo Inc. - Concurring
02A01-9608-CV-00201
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge James E. Swearengen

This is a breach of an employment contract case. Defendant, Cleo, Inc. (Cleo), appeals the order of the trial court granting summary judgment in favor of plaintiff, Anthony P. Guiliano (Guiliano).

Shelby County Court of Appeals 07/01/97
Flanagan vs. Flanagan
03A01-9612-GS-00404
Authoring Judge:
Trial Court Judge:
Court of Appeals 06/30/97
Wilson vs. Wilson
03A01-9610-CH-00322
Authoring Judge:
Trial Court Judge:
Blount County Court of Appeals 06/30/97
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 06/27/97
Cannon vs. Cannon
03A01-9702-CV-00059
Authoring Judge:
Trial Court Judge:
Blount County Court of Appeals 06/27/97
Emma Crowe vs. James Craig, et al
02A01-9612-CV-00297
Authoring Judge:
Trial Court Judge: Whit A. Lafon
Madison County Court of Appeals 06/27/97
Robert & Frances Pilgrim vs. Edward Frazier
02A01-9611-CV-00294
Authoring Judge:
Trial Court Judge: Joe G. Riley. Jr.
Dyer County Court of Appeals 06/27/97