Court of Appeals Opinions

Format: 06/17/2018
Format: 06/17/2018
Bursack vs. Wilson
Authoring Judge:
Trial Court Judge: Marietta M. Shipley
Davidson County Court of Appeals 07/10/98
Irvin vs. Johnson
Authoring Judge:
Trial Court Judge: James E. Walton
Montgomery County Court of Appeals 07/10/98
Reinhart vs. Parks
Authoring Judge:
Trial Court Judge: James L. Weatherford
Rutherford County Court of Appeals 07/10/98
Thomasson vs. Thomasson
Authoring Judge:
Trial Court Judge: Gerald L. Ewell, Sr.
Coffee County Court of Appeals 07/10/98
Phyllis Ann Frazier Hamby v. Joseph Dewight Hamby and Anthony Hamby - Concurring
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Judge John B. Hagler

In this divorce action, the wife appeals from the Trial Court’s Order of child support and the evaluation of the marital estate and its distribution.

Polk County Court of Appeals 07/09/98
Patrick Alan Wolfe v. Terri Lee Wolfe
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Earle G. Murphy

In this post-divorce case, the trial court denied the petition of Terri Lee Wooten, formerly Wolfe (“Mother”), seeking sole custody of the parties’ daughter, Kelsea Wolfe, age five and a half. In the same order, the court granted the counterclaim of Patrick Alan Wolfe (“Father”) by modifying Mother’s visitation rights. Mother appealed, arguing that the trial court abused its discretion in failing to change the child’s custody. She also claims that the court erred in modifying the visitation schedule set forth in the divorce judgment.

Monroe County Court of Appeals 07/08/98
Etta Mechelle Parks, v. Craig DeWayne Parks
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Rocky H. Young

In this divorce case, the appellant Etta Mechelle Parks argues that the trial court erred in awarding her former husband, Craig Dewayne Parks, custody of their two boys, ages seven and almost four. We do not find that the evidence preponderates against the trial court’s custody decree. See Rule 13(d), T.R.A.P.; Hass v. Knighton, 676 S.W.2d 554, 555 (Tenn. 1984). Accordingly, we cannot say that the trial court abused its discretion in placing the children’s sole custody with Mr. Parks. See Grant v. Grant, 286 S.W.2d 349, 350 (Tenn.App. 1954).

Campbell County Court of Appeals 07/08/98
Leslie A. Hassell, v. Thomas W. Hassell
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor William Michael Maloan

Following the trial of this matter, the court ordered the parties, Leslie A. Hassell (Wife) and Thomas W. Hassell (Husband), to be entitled to a divorce pursuant to T.C.A . § 36 -4 -129 ( b ) . Husband was ordered to pay Wife $500 per month as alimony in futuro and that award is the sole issue presented by Husband to this court on appeal.

Henderson County Court of Appeals 07/07/98
Keith Johnson, v. Fortunes Untold, Inc., D/B/A Easy Money Pawn Shop, et al.
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge W. Dale Young

The Trial dismissed plaintiffs’ causes of action for personal injury on the basis that the statute of limitations had run before the action was properly brought, pursuant to Rule 3, T.R.C.P.

Blount County Court of Appeals 07/06/98
Joy Walls, Individually and as Surviving Spouse of Decendent Wendell M. Goodwin, v. AC & S, Inc. et al.
Authoring Judge: Judge Dale Workman
Trial Court Judge: Presiding Judge Houston M. Goddard

This suit was initiated by Plaintiff-Appellant, Wendell Goodwin, against Defendants-Appellees, Pittsburgh Corning Corporation, Owens-Corning Fiberglas Corporation, and a number of  other Defendants, seeking damages because of an illness Mr. Goodwin contracted -- specifically a stomach cancer known as peritoneal mesothelioma -- resulting from his occupational exposure to asbestos products manufactured and distributed by the Defendants, including Pittsburgh Corning and Owens-Corning. The Trial Court, in sresonse to the answers supplied by the jury through special interrogatories hereinafter set out, entered a judgment in favor of the Defendants because the Plaintiff's claim was barred by the applicable statute of repose, T.C. A . 29 -28 -103(a).

Knox County Court of Appeals 07/06/98
Jacqueline Sue Rogers v. Samuel L. Banks and Cathy J. Stancil - Concurring
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Judge Robert M. Summitt

Samuel L. Banks, a doctor, and Cathy J. Stancil, a nurse, appeal a jury verdict rendered against them in favor of their former patient, Jacqueline Sue Rogers.  Ms. Rogers brought two actions of medical malpractice in the Hamilton County Circuit Court.  One action was brought against Dr. Banks, her treating  physician.  The other action was brought against Nurse Stancil.  Nurse Stancil performed the majority of the procedure in question. Judge Robert M. Summitt denied motions for directed verdict after Ms. Rogers presented her case and again after Dr. Banks and Nurse Stancil presented their case.  Both actions were submitted to the jury.  The jury returned a general verdict against both Dr. Banks and Nurse Stancil for $60,000.  Dr. Banks and Nurse Stancil both filed motions for judgments not withstanding the verdict as well as motions for a new trial.  Judge Summitt overruled these motions and upheld the jury award.  We now reverse the judgment below and dismiss boith suits with prejudice.

Hamilton County Court of Appeals 07/06/98
Dannie Joe Christmas, v. Ralph Moore and Linda Moore
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Russell E. Simmons, Jr.

This case involves the possession of real estate after foreclosure proceedings. After a bench trial, the trial court determined that Appellees were entitled to possession of the real estate in question. We affirm.

Roane County Court of Appeals 07/06/98
In the matter of: S.M.L. (DOB 12/26/88), C.B.L. (DOB 4/14/92), D.K.J. (DOB 5/8/93) Children under the age of 18.
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge:

C.L.H. has filed a timely Tenn. R. App. P. 39 petition for rehearing and a Tenn. R. App. P. 14 motion to consider post-judgment facts. She asserts that our original opinion filed on June 12, 1998 misapprehends material facts with regard to her more recent self-improvement efforts, and she offers new evidence regarding her educational attainments and the stability of her living environment.


Dickson County Court of Appeals 07/01/98