Court of Appeals Opinions

Format: 09/21/2014
Format: 09/21/2014
Davis vs. TN. Dept. of Correction & Campbell
01A01-9610-CH-00487
Authoring Judge:
Trial Court Judge: Ellen Hobbs Lyle
Davidson County Court of Appeals 02/21/97
Frank Collier Auction & Realty Co. vs. Rice, et. al.
01A01-9608-CH-00384
Authoring Judge:
Trial Court Judge: Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 02/21/97
Almany vs. Christie
01A01-9608-CH-00376
Authoring Judge:
Trial Court Judge: John H. Gasaway, III
Sumner County Court of Appeals 02/21/97
01A01-9608-CH-00352
Authoring Judge:
Trial Court Judge: Robert S. Brandt
Davidson County Court of Appeals 02/21/97
Lovell & Malone vs. Commonwealth Life Ins.
01A01-9607-CH-00299
Authoring Judge:
Trial Court Judge: Robert S. Brandt
Davidson County Court of Appeals 02/21/97
Ulrich vs. Ulrich
01A01-9606-CV-00264
Authoring Judge:
Trial Court Judge: Thomas Goodall
Sumner County Court of Appeals 02/21/97
Joseph Chidester and wife, Kathleen Chidester v. L. D. Elliston, O.D.
02A01-9602-CV-00029
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Joseph H. Walker, III

In this medical malpractice action, the Plaintiffs, Joseph and Kathleen Chidester, 2 filed suit against the Defendant, Dr. L. D. Elliston, for failing to diagnose the Plaintiff’s malignant tumor. The trial court granted the Defendant’s motion for summary judgment holding that the Plaintiffs’ cause of action is barred by the one year statute of limitations. The Plaintiffs’ have appealed the trial court’s order arguing that the statute of limitations does not bar this action because the Plaintiffs’ cause of action did not accrue until the Plaintiff’s malignancy recurred. For the reasons stated hereafter, we reverse the judgment of the court below and remand.

Tipton County Court of Appeals 02/20/97
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 02/19/97
Sherry Denise Thearp Ervin, v. Dale Edward Ervin
02A01-9605-CH-00097
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor Dewey C. Whitenton

This is an appeal from a Final Decree of Divorce entered January 5, 1996. Plaintiff, Sherry Denise Thearp Ervin (Wife), appeals from the order of the trial court granting her an absolute divorce from the defendant, Dale Edward Ervin (Husband). 1 In her first issue, Wife argues that the trial court should have awarded her the parties’ ski boat. We will consider this assertion with the second issue. 2 Wife appeals the trial court’s decision concerning the division of the marital property, the amount of child support, and the denial of an award of attorneys’ fees.

Hardeman County Court of Appeals 02/13/97
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 02/12/97
Johnny Glenn Hilliard v. Misty Lynn Hilliard and Terry Minton - Concurring
02A01-9609-CH-00230
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor William Michael Maloan

Johnny Glenn Hilliard (Father) appeals from the order of the trial court granting visitation rights to his son’s maternal grandmother. Father and Misty Lynn Hilliard (now Schrems) (Mother) married in 1992. Alexander Glenn Hilliard (Alex) was born in May 1993. The parents divorced in January, 1995 and temporary custody1 was awarded to Terry Minton, the maternal grandmother. At that time, Mother was living with her mother, Terry Minton. Mother currently resides in Florida with her present husband.

Weakley County Court of Appeals 02/12/97
William Thomas Winchester, v. Glenda Rachelle Winchester
02A01-9604-CH-00092
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Joe C. Morris

This is a child custody case. The trial court awarded Appellant William Thomas Winchester (“Husband”) and Appellee Glenda Rachelle Winchester (“Wife”) joint custody of the minor child of the marriage, which both parties appeal. We vacate the trial court’s award of joint custody and remand the case to the trial court to conduct further findings of fact concerning each party’s comparative fitness and to award custody to either Husband or Wife.

Chester County Court of Appeals 02/12/97
James P. Mitchell, v. James Davenport, Commissioner of the Departmentof Employment Security of the State of Tennessee, Noma Outdoor Products, Inc.
02A01-9510-CH-00230
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Joe C. Morris

In this unemployment compensation case, James Mitchell (“Mitchell”) filed a claim 2 for unemployment compensation with the Tennessee Department of Employment Security (“TDES”). TDES approved Mitchell’s claim, and Mitchell’s employer, NOMA Outdoor Products, Inc. (“NOMA”), appealed TDES’ claim approval. On appeal, the Appeals Tribunal ruled that Mitchell was not eligible for unemployment benefits pursuant to T.C.A. § 50-7-303(a)(2) due to work-connected misconduct and declared that the $1,190.00 in unemployment benefits that Mitchell had previously received was an overpayment. Mitchell thereafter requested that TDES waive his $1,190.00 overpayment pursuant to T.C.A. § 50-7-303(d)(2). The Appeals Tribunal denied Mitchell’s request for a waiver of the overpayment, and Mitchell appealed the decision of the Appeals Tribunal to the Board of Review. The Board of Review adopted the findings of fact and decision of the Appeals Tribunal and denied Mitchell’s request for a waiver of the overpayment. Mitchell thereafter filed a petition to rehear which was denied by the Board of Review. Pursuant to T.C.A. § 50-7-304(i), Mitchell filed a petition for certiorari in chancery court seeking judicial review of the Board’s decision. The chancery court dismissed Mitchell’s petition for certiorari and affirmed the decision of the Board of Review, denying Mitchell’s request for a waiver of the overpayment. Mitchell appeals from the order of the chancery court arguing that the chancery court erred in admitting additional evidence and erred in not vacating or setting aside the decision of the Board of Review. For the reasons stated hereafter, we affirm the judgment of the chancery court.
 

Madison County Court of Appeals 02/12/97