Court of Appeals Opinions

Format: 12/10/2016
Format: 12/10/2016
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
City of Memphis v. The Civil Service Commission of the City of Memphis and Stanley Shotwell
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge:

This case involves a chancery court review of a decision by a civil service commission. The
commission had ordered the reinstatement of a police officer. The chancery court reversed the
commission’s decision, upholding the termination of the officer’s employment. We affirm the
decision of the chancery court.

Shelby County Court of Appeals 11/04/97
Kenneth F. Taggart and wife, Toni Corwin, v. Bart Richards and Blue Cross Blue Shield of Tennessee
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge Richard E. Ladd

This is an action for damages for personal injuries allegedly occurring on April 9, 1993 in the early evening, when the vehicle operated by the plaintiff was struck by a vehicle operated by the defendant. Upon trial, a jury returned a verdict for the plaintiff establishing damages at $8,445.00 and further determined that defendant was 51% at fault for the accident. The Trial Judge approved the verdict and plaintiffs have appealed.

Sullivan County Court of Appeals 11/03/97
State of Tennessee Department of Children's Services v. Yvonne Bardin - Concurring
Authoring Judge: Judge William H. Inman
Trial Court Judge: Judge Suzanne Bailey

The parental rights of Yvonne Bardin were terminated by the Juvenile Court of Hamilton County and she appeals. Four (4) children are involved. The issue presented for review is whether the evidence is clear and convincing. We find that it is and affirm.

Hamilton County Court of Appeals 11/03/97