Court of Appeals Opinions

Format: 10/23/2014
Format: 10/23/2014
Brian Wolney and wife, Melissa Wolney v. Lisa M. Emmons and Wells Fargo Armored Service Corporation
02A01-9508-CV-00169
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge:

The petition for rehearing filed in behalf of the Appellants is denied.

Court of Appeals 02/21/97
Brian Wolney and wife, Melissa Wolney, v. Lisa M. Emmons and Wells Fargo Armored Service Corporation
02A01-9508-CV-00169
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge George H. Brown, Jr.

This is a suit for damages brought by Plaintiff Brian Wolney (“Wolney”), with his wife Melissa Wolney, against Defendants Wells Fargo Armored Service Corporation (“WFA”) and Lisa M. Emmons (“Emmons”). Wolney sued for personal injuries he sustained in an accident while riding as a passenger in a vehicle driven by Emmons, but owned by WFA. The trial court granted partial summary judgment in favor of WFA, finding that Wolney’s tort claim against WFA was barred because Wolney was WFA’s statutory employee. The Wolneys appeal the grant of partial summary judgment. We affirm.

Shelby County Court of Appeals 02/21/97
Waste Management vs. South Central Bell
01A01-9504-CV-00182
Authoring Judge:
Trial Court Judge: Thomas W. Brothers
Davidson County Court of Appeals 02/21/97
Waste Management vs. South Central Bell
01A01-9504-CV-00182
Authoring Judge:
Trial Court Judge: Thomas W. Brothers
Davidson County Court of Appeals 02/21/97
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
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