Court of Appeals Opinions

Format: 06/23/2018
Format: 06/23/2018
William Michael Anderton vs. Evelyn Adele Morgan Anderton - Concurring
01A01-9701-CH-00013
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Henry Denmark Bell

This is the second appeal concerning a husband’s support obligations following the dissolution of a 23-year marriage. The Chancery Court for Williamson County originally directed the husband to pay $1,731 per month in child support and $5,500 per month in spousal support for five years and then $5,000 per month thereafter. On the first appeal, this court remanded the case to the trial court to revisit the child support and spousal support awards. Even though the trial court concluded that the husband’s income had decreased significantly, it increased the husband’s child support to $2,000 per month and left its original spousal support order unchanged. It also awarded the wife judgments for a sizeable spousal support arrearage and a nominal child support arrearage. On this appeal, the husband again takes issue with the amount of his spousal support and child support obligations and also insists that he is entitled to retroactive relief on his spousal support arrearage and to the lifting of the injunction with regard to his 401k plan. We vacate the child support and spousal support awards and remand them to the trial court for further consideration consistent with this opinion.

Williamson County Court of Appeals 06/05/98
Sylvia Hudson v. Dave Shorter, Jr.
02A01-9709-CV-00232
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge James E. Swearengen

This is an automobile personal injury case. The defendant, David Shorter, Jr., appeals
from the judgment of the trial court in a bench trial awarding plaintiff, Sylvia Hudson, $9,000.00
damages. Shorter’s responsibility for the accident was stipulated, and the trial concerned only
the issue of damages.

Shelby County Court of Appeals 06/03/98
Raymond Mitchell v. Camelot Utility District for Hawkins County, Tennessee
03A01-9709-CH-00394
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Thomas R. Frierson

Plaintiff  Raymond Mitchell sues Defendant Camelot Utility District of Hawkins County, Tennessee. He alleges that Camelot, in acquiring a quit claim deed from him conveying two tracts of land, one that contains an artesian well and the other equipment in connection with distribution of water to the adjacent area.  He contends that as a consideration for the quit claim deed, John Valetta, President of Camelot, represented to him that Camelot would provide water taps for two of his lots free of charge and, upon acquisition of an alternate water source, would re-convey the quit claimed lots to him.

 

Hawkins County Court of Appeals 06/02/98
Barbara J. Hand, Administratrix of Estate of Charles D. Hand, Deceased, v. Norfolk Southern Railway Company
03A01-9704-CV-00123
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Robert M. Summitt

This is a suit brought under the Federal Employers Liability Act. It was brought by Plaintiff Barbara J. Hand, Administratrix of the estate of her deceased husband, Charles D. Hand, against his employer, Defendant Norfolk Southern Railway Company. The jury rendered a verdict in favor of the Plaintiff and assessed damages in the amount of $3,250,000. The Defendant appeals, raising nine separate issues. Although many do not merit a protracted discussion, others raise substantial questions.

 

Knox County Court of Appeals 06/02/98
Greg Swafford,M.D., v. Memphis Individual Practive Association, Southern Health Plan, Inc., The Apple Plan, et al.
02A01-9612-CV-00311
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Robert L. Childers

This is a libel suit brought by a physician against a health maintenance organization and related health insurance entities. The trial court granted summary judgment in favor of the defendants based on the statute of limitations. The lawsuit involves allegedly false information reported to the National Practitioner Data Bank. In an issue of first impression, we hold that each dissemination of the allegedly defamatory information by the Data Bank gives rise to a separate cause of action. The grant of summary judgment is affirmed in part and reversed in part, and the cause is remanded.

Shelby County Court of Appeals 06/02/98
Curtis R. Thrapp vs. Mary Elizabeth Thrapp
E2006-00088-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Dale Young
The parties were divorced in Oregon where the Court ordered the custodial arrangement for the only child of the marriage. The Mother then moved to Colorado, where she filed suit in Colorado in the custody dispute. She then moved to Tennessee, where the Father sued her over the ongoing dispute. The Colorado Court ultimately declined jurisdiction and the Tennessee Court ordered a change of the custody. The mother has appealed. We affirm the change of custody.
Blount County Court of Appeals 05/31/98
Charles Montague, v. Tennessee Department of Corrections, and Warden Howard Carlton
01A01-9711-CH-00667
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Ellen Hobbs Lyle

The plaintiff, a prisoner in the custody of the Tennessee Department of Correction, brought this action against the Department and its Commissioner seeking a declaratory judgment that he is entitled to a refund of $64.00 charged against his custodial account for a key lost by the prisoner.

Davidson County Court of Appeals 05/29/98
National Healthcare L.P. vs. Sparta Medical Investors
01A01-9712-CH-00718
Authoring Judge:
Trial Court Judge: Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 05/29/98
National Healthcare L.P. vs. Sparta Medical Investors
01A01-9712-CH-00718
Authoring Judge:
Trial Court Judge:
Court of Appeals 05/29/98
Montague vs. Dept. of Corrections
01A01-9711-CH-00667
Authoring Judge:
Trial Court Judge: Ellen Hobbs Lyle
Davidson County Court of Appeals 05/29/98
Dept. of Children's Svcs. vs. Stanfill
01A01-9710-JV-00616
Authoring Judge:
Trial Court Judge: Andrew J. Shookhoff
Davidson County Court of Appeals 05/29/98
J.B. Hinson, et. ux. vs. Beechview Corp.
01A01-9709-CH-00498
Authoring Judge:
Trial Court Judge: Robert L. Jones
Wayne County Court of Appeals 05/29/98
Hawkins & Gossett vs. Hart, et. al.
01A01-9707-CV-00294
Authoring Judge:
Trial Court Judge: Barbara N. Haynes
Davidson County Court of Appeals 05/29/98