Court of Appeals Opinions

Format: 10/25/2016
Format: 10/25/2016
Authoring Judge:
Trial Court Judge:
Court of Appeals 11/13/97
Authoring Judge:
Trial Court Judge:
Jefferson County Court of Appeals 11/13/97
Authoring Judge:
Trial Court Judge:
Morgan County Court of Appeals 11/13/97
Lasalle Dudley vs. Raye Dudley
Authoring Judge:
Trial Court Judge:
Shelby County Court of Appeals 11/12/97
Jewell Maness vs. Estate of Acie Maness
Authoring Judge:
Trial Court Judge: Joe C. Morris
Henderson County Court of Appeals 11/12/97
Raymond Morris vs. Voil Morris
Authoring Judge:
Trial Court Judge: George R. Ellis
Gibson County Court of Appeals 11/12/97
Maxine Nelson v. The Pacesetter Corporation
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Chancellor Ellen Hobbs Lyle

This is a suit for damages for an alleged retaliatory discharge brought pursuant to Tenn. Code Ann. § 50-1-304. As winnowed, the plaintiff alleges that she was discharged because she refused to participate in gambling activities which were illegal under Tenn. Code Ann. § 39-17-501.

Davidson County Court of Appeals 11/07/97
Vera Maureen Higgs v. Gayle Lynn Higgs
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Donald P. Harris

Each of the captioned parties filed a notice of appeal from a judgment of the Trial Court
awarding to the plaintiff-wife a divorce on grounds of adultery and inappropriate marital

Williamson County Court of Appeals 11/07/97
James C. Tomlinson and Charles F. McKelvey, v. Edna J. Kelley and Jeanette M. Coke
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Barbara N. Haynes

This appeal involves a controversy surrounding the appointment of a local city official. The mayor and the city manager of the City of Berry Hill filed a defamation action in the Circuit Court for Davidson County against two city residents who publicly questioned the circumstances surrounding the interim appointment of a member of the Board of Commissioners. The trial court granted the residents’ motion for summary judgment and dismissed the city officials’ complaint. On this appeal, the city officials assert that the trial court should not have granted the summary judgment because the record contains evidence that the residents knew or should have known that their critical statements made to a local newspaper were false. We affirm the trial court.

Davidson County Court of Appeals 11/07/97
International Supply Co., Inc. v. The Warner Group LTD - Concurring
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Tom E. Gray

This appeal involves a question of personal jurisdiction over a nonresident corporation. The Chancery Court of Sumner County dismissed the complaint. We affirm.

Sumner County Court of Appeals 11/07/97
Franklin Thomas Burns v. Bernice A. Burns - Concurring
Authoring Judge: Judge Walter W. Bussart
Trial Court Judge: Chancellor Alex W. Darnell

This is an appeal by respondent/appellant, Bernice A. Burns (“Wife”), from the order of the trial court granting Wife and petitioner/appellee, Franklin Thomas Burns (“Husband”), a divorce, dividing the marital property, and granting temporary alimony. Wife complains the court erred when it divided the parties’ property and awarded Wife $400.00 alimony per month for six months. The facts out of which this matter arose are as follows.

Montgomery County Court of Appeals 11/07/97
Herbert Carson Branum, v. City of Maynardville, Paul Bowman, Bill P. Graves, Russell Gillenwater, Len Padgett, and H.E. Richardson
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Billy Joe White

Plaintiff Herbert Carson Branum appeals dismissal of his suit against the City of Maynardville and its Commissioners, seeing reinstatement to his position as Water Commissioner and damages for his wrongful discharge, both compensatory and exemplary. He also seeks an order enjoining the Defendants "from any further ultra vires acts against the Plaintiff" based upon his contention that they had violated certain of our State Statutes.

Union County Court of Appeals 11/06/97
Paul Farnsworth, A/K/A Ronnie Bradfield, v. Richard Kenya, et al.
Authoring Judge: Judge David R. Farmer
Trial Court Judge:

The plaintiff, Paul Farnsworth a/k/a Ronnie Bradfield, sued defendants Richard Kenya,1 Stephen Dotson and two John Doe defendants. The complaint alleges that Plaintiff is an inmate at the Lake County Regional Correctional Facility (LCRCF), Richard Kenyon is identified as an employee and Stephen Dotson as the associate warden at LCRCF. The complaint alleges that Plaintiff was given permission to marry while incarcerated, wedding plans were formulated but, within less than 24 hours prior to the wedding, he was advised that the wedding was cancelled.

Lake County Court of Appeals 11/04/97