Court of Appeals Opinions

Format: 08/31/2015
Format: 08/31/2015
David Dunnehew vs. Donna Dunnehew
02A01-9604-CH-00079
Authoring Judge:
Trial Court Judge:
Court of Appeals 06/09/97
Glenda Whisenhunt vs. Gordon Whisenhunt
02A01-9506-CV-00126
Authoring Judge:
Trial Court Judge: James E. Swearengen
Shelby County Court of Appeals 06/09/97
Crystal M. Trueitt v. Alan A. McCurry and Carmen Y. Silvels, v. Alan A. McCurry
03A01-9612-CV-00399
Authoring Judge: Presiding Judge Houston P. Goddard
Trial Court Judge: Judge Samuel H. Payne

Crystal M. Trueitt and Carmen Y. Silvels, individually and as mother and next friend of Christopher M. Silvels, a minor,2 appeal jugements rendered in heir favor in the Circuit Court for Hamilton County in the amount of $1,033.36, $1,004.60, and $98.50, respectively.

 

Hamilton County Court of Appeals 06/06/97
First Tennessee Bank, National Association, v. Jessi O. Quillian
03A01-9701-CH-00014
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor R. Vann Owens

This case originated as an action to collect monies due under the terms of a promissory note executed by the defendant to the plaintiff First Tennessee Bank, National Association. An answer was filed by the defendant admitting the execution of the note and that there was an outstanding balance thereon. He also filed a counterclaim in which he sought a setoff and damages for forged checks drawn on his account and paid by the bank. The trial court on motion of the plaintiff, entered a summary judgment against the defendant on the original complaint and dismissed the counterclaim. A judgment in the amount of $34,399.24 was entered against the defendant. This appeal resulted. We affirm the judgment of the trial court.

Hamilton County Court of Appeals 06/06/97
Anthony W. Nance and Brandon Nance v. Christopher H. Strunk
03A01-9701-CV-00037
Authoring Judge: Justice Herschel P. Franks
Trial Court Judge: Judge Conrad E. Troutman, Jr.

In this action arisitn grom a motor vehicle accident, the defendants were granted summary judgment and plaintiffs have appealed.

Campbell County Court of Appeals 06/06/97
Corbin Dale Meador, v. Linda J. Meador
03A01-9612-CV-00405
Authoring Judge: Judge Robert M. Summitt
Trial Court Judge: Presiding Judge Houston P. Goddard

The controversy presently on appeal attacks a judgment entered in a post-divorce petition for contempt, wherein Linda J. Meador seeks to recover property she contends was awarded he i the divorce decree and to find her fomer husband, Corbin Dale Meador in contempt of court for refusing to deliver the property to her.

 

Hamilton County Court of Appeals 06/06/97
Keith Hardware, Inc. v. Douglas L. White and Carolyn L. White - Concurring
03A01-9610-CH-00339
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor Lewis W. May

The issue on this interlocutory appeal granted pursuant to T. R. A. P. Rule 9, is whether the lease between the parties is too broad to be enforceable, as was held by the Trial Court.

Washington County Court of Appeals 06/06/97
Gladstone Ralph Hobbs v. Mollie Jane Hobbs - Concurring
03A01-9702-CV-00063
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Chester Mahood

This is a divorce action. The defendant (wife) assertson this appeal, among other things, that the trial court abused its discretion in denying a continuance of the trial. The record reflects that there was a great deal of confusion as to the way and manner the case was set for trial because of the resignation of the former Circuit Judge. The wife's counsel claims to have had no notice of the trial date until the day the case was set for trial. On that date, he applied to the court for a continuance. The court continued the case until the following morning at 7:00 a.m. Prior to the trial, the court allowed the wife's attorney to make a motion for a continuance on the record, with a written motion, to be filed as exhibit No.1. Counsel's affidavit supporting the motion for a continuance was allowed to be filed as exhibit 2.

Greene County Court of Appeals 06/06/97
Casey Lynn Burgess, v. Brenda Lea (Burgess) Welch
03A01-9703-PB-00077
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge John A. Bean

By this appeal Casey Lynn Burgess insists that the Trial Court was in error in dismissing his petition for change of custody of his two children, custody of whom by the divorce decree was awarded to Ms. Welch.

Cumberland County Court of Appeals 06/06/97
Whitney Leigh Davidson, Minor Child, by next friend, Rozan Davidson, v. Donna Wright, et al.
03A01-9702-CH-00051
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Chancellor William Everett Lantripp

The Knox County Board of Education adopted a policy against the possession of weapons on school campuses for the school year beginning in September 1995. Whitney Leigh Davidson was provided a copy of the West High School Handbook which explained the policy and the consequences of its violation. On January 23, 1996, while a junior at West High School, she was suspended for a violation of the policy. Following a series of administrative hearings the Board of Education held a plenary hearing and upheld the decision to expel Ms Davidson for one year. Judicial review resulted in a finding that the Board had not acted arbitrarily, illegally or beyond its jurisdiction in expelling Ms. Davidson.

Knox County Court of Appeals 06/06/97
Aeyon Cho v. Dae-Young Jeong - Concurring
03A01-9608-CV-00257
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Bill Swan

We granted the application of Dae-Young Jeong (Husband) for an interlocutory appeal pursuant to Rule 9, T.R.A.P., to consider whether the trial court has subject matter jurisdiction to grant his wife, the plaintiff Aeyon Cho (Wife), an absolute divorce.

Knox County Court of Appeals 06/06/97
Jorge Ariel Sanjines, M.D., v. Ortwein and Associates, P.C., William H. Ortwein, J. Cris Helton, and John R. Morgan
3A01-9702-CV-00060
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge Douglas A. Meyer

Plaintiff, incarcerated in prison, brought this action against this attorney for alleged malpractice in representing him in the charges brought against him for criminal conduct.

Hamilton County Court of Appeals 06/05/97
W. Dale Gordon v. Robbyn Gordon - Concurring
03A01- 9702- CV- 00054
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Conrad Troutman, Jr.

This is a divorce case that comes to us in an unusual posture. The Husband filed his original complaint on April 3, 1996.  No answer was filed by the Wife.  A marital dissolution agreement was filed on June 12, 1996. The marital dissolution agreement provided for the division of  the parties' property and further contained the following provision:

The parties agree that they are equally responsible for the breakdown of  the marriage and respectfully request the court to declare them divorced rather than awarding a divorce to either party alone.

Scott County Court of Appeals 06/05/97