Court of Appeals Opinions

Format: 12/26/2014
Format: 12/26/2014
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
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