Court of Appeals Opinions

Format: 03/26/2017
Format: 03/26/2017
Stephens vs. Revco
03A01-9708-CV-00351
Authoring Judge:
Trial Court Judge:
Court of Appeals 02/10/98
Knoll vs. Knoll
03A01-9707-CH-00275
Authoring Judge:
Trial Court Judge:
Court of Appeals 02/10/98
Donald Neil Pierce, v. Branda Ann Radford Pierce
03A01-9707-GS-00250
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Thomas A. Austin

This is a divorce case.  On appeal, Brenda Pierce (wife) raises the issues of whether the tril court erred by refusing to grant her periodic alimony, by failing to grant her the divorce, and by failing to grant her discretionary costs and attorney's fees. We modify the judgment and affirm as modified.

Roane County Court of Appeals 02/09/98
Larry Stephen Roseberry, v. Janis Roseberry
03A01-9706-CH-00237
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Earle G. Murphy

In this divorce action, the appellant (husband) appeals from the judgment of the trial court questioning the amount of child support he was ordered to pay, the division of marital property and alimony, including the amount, nature, and duration. The appellee (wife) seeks attorney fees for this appeal. No issue is presented relating to the granting of the divorce. We note that at the time of the trial, the husbanc had more than enough life insurance in force to satisfy this requirement.

 

Knox County Court of Appeals 02/09/98
Cheri Owens Tuncay v. Engin Halif Tuncay - Concurring
02A01-9709-CH-00209
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Chancellor D. J. Alissandratos

This is a divorce case. Plaintiff-appellant Cheri Owens Tuncay was granted a divorce on the ground of inappropriate marital conduct. Mrs. Tuncay appeals the trial court’s division of the marital debts as well as the court’s failure to award her alimony beyond $5,000 in attorney fees.

Shelby County Court of Appeals 02/09/98
Homebound Medical Care of Southeast Tennessee, Inc., v. Hospital Staffing Services of Tennessee, Inc. Jeanine Warren, Nancy Hyde, AllCare Professional Svcs., and Stella Messer
03A01-9707-CH-00303
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Howard N. Peoples

This is an action whereby the plaintiff seeks to enforce a convenant not to compete in an employment agreement between the defendant, Warren, and the plaintiff. The defendants moved for summary judgment. The motion did not set out any grounds for relief but simply stated that defendants "file this motion for Summary Judgment, pursuant to Rule 56 of the Tennesse Rules of Civil Procedure" and referred the court to grounds stated in their briefs in support of themotion. The brief is not included in the record. Apparently, the parties did not make a designation of record and the Clerk of the court correctly omitted the brief pursuant to Rule 24, Tennessee rulesof Appellate Procedure.

Court of Appeals 02/06/98
Citizens For Collierville, Inc., A Tennessee Corporation, v. Town of Collierville, et al.
02A01-9707-CH-00142
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Neal Small

Plaintiff/Appellant, Citizens for Collierville (“CFC”) appeals from the order of the 2 Chancery Court of Shelby County, Tennessee, which declared valid the decision of the Board of Mayor and Aldermen of the Town of Collierville approving of Resolution 96-35 with respect to the application of Baptist Memorial Hospital (“BMH”) for a planned development pursuant to the Town of Collierville’s zoning ordinance. For reasons stated hereinafter, we affirm the judgment of the trial court.

Shelby County Court of Appeals 02/06/98
Gina Franklin et al., v. Allied Signal, Inc.
02A01-9704-CV-00088
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Whit A. Lafon

This appeal involves a suit filed by plaintiffs, Gina (“Mrs. Franklin”) and Barnee Franklin (“the Franklins”), against defendant, Allied Signal, Inc. (“Allied”), for personal injuries sustained when Mrs. Franklin tripped and fell on Allied’s premises on a metal loading ramp which protruded above the dock floor by one to two inches. The trial court granted Allied’s motion for summary judgment. The Franklins appeal and pose the following issues for our consideration: (1) whether the trial court committed error in granting the defendant’s motion for summary judgment; and (2) whether the “open and obvious rule” bars plaintiff’s recovery or is only a factor to be considered in assessing comparative negligence. For reasons stated hereafter, we reverse the judgment of the trial court and remand.

Madison County Court of Appeals 02/06/98
Wilma Jean Lampley, v. Gordon Ray Lampley
01A01-9708-CH-00423
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge H. Denmark Bell

This is a post-divorce decree proceeding in which the defendant husband has appealed from an unsatisfactory disposition of his counter petition to terminate alimony.

Williamson County Court of Appeals 02/06/98
William Jeffrey Tarkington, v. Rebecca Juanita Tarkington
01A01-9706-CV-00270
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Muriel Robinson

The husband, William Jeffrey Tarkington, has appealed from a judgment of the Trial Court finding him and his wife, Rebecca Juanita Tarkington, guilty of inappropriate marital conduct and declaring them to be divorced pursuant to TCA § 36-4-129.

Davidson County Court of Appeals 02/06/98
JoAnne Pollock v. Donnie F. Pollock
01A01-9706-CH-00271
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Robert L. Jones

The defendant, Donnie F. Pollock, has appealed from the judgment of the Trial Court awarding the plaintiff a divorce on grounds of adultery and inappropriate marital conduct, awarding plaintiff, $8,000.00 alimony in solido and $500.00 per month alimony until she reaches 65 years or one of the parties dies; ordering defendant to pay $2,400.00 of plaintiff’s attorneys fees, and distributing the marital estate and liability for debts.

Lawrence County Court of Appeals 02/06/98
Rickye D. Anderson v. Lois L. Anderson
01A01-9704-CH-00186
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Robert E. Corlew, III

Rickye D. Anderson (the Father) appeals the trial court’s order denying his petition to reduce his child support payments to his ex-wife, L. Lois Anderson (the Mother), and ordering him to pay a portion of the Mother’s attorney’s fees. We affirm.

Rutherford County Court of Appeals 02/06/98
Joey Brown, as next friend and natural guardian of Mitchell W. Brown, v. Walmart Discount Cities
01A01-9705-CV-00217
Authoring Judge: Judge Ben H., Cantrell
Trial Court Judge: Judge Jim T. Hamilton

In this slip and fall case in which a child slipped on some ice cubes in the vestibule of a large department store, the jury returned a verdict for the plaintiff but attributed 70 % of the fault to the unknown person who placed or dropped the ice on the floor. Ruling on a post-trial motion, the trial judge held that the store’s fault was 100% because the plaintiff could not sue the unknown tortfeasor. On appeal, the defendant asserts that there is no evidence to support the verdict and that the trial judge erred in modifying the jury’s verdict with respect to the degree of fault. We find that there is evidence from which the jury could have found that the store was negligent and that the store cannot attribute part of the fault to the unknown tortfeasor. We, therefore, affirm the lower court’s judgment.

Lawrence County Court of Appeals 02/06/98