Court of Appeals Opinions

Format: 10/19/2017
Format: 10/19/2017
John Edmund Streun vs. Delores Jean Streun - Concurring
03A01-9707-CV-00299
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Robert M. Summitt

This is a divorce case. Following a bench trial, the court awarded Delores Jean Streun (“Wife”) an absolute divorce on the ground of inappropriate marital conduct, divided the parties’ property, and ordered John Edmund Streun (“Husband”) to pay periodic alimony in futuro of $350 per month.  Husband appealed, arguing, in effect, that the evidence preponderates against the trial court’s determination that Wife was entitled to periodic alimony in futuro. Wife contends that the alimony award is appropriate. She submits an additional issue -- that, in her words, “the trial court erred in not enforcing the parties’ settlement agreement of November 7, 1995.”

Hamilton County Court of Appeals 02/05/98
John L. Miller v. Scott D. Williams
03A01-9707-CV-00270
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor William E. Lantrip

This appeal questions the adequacy of a jury’s verdict. The plaintiff, John L. Miller (“Miller”)1, alleged in his complaint that he sustained physical and emotional injuries and medical expenses when his automobile was struck from behind by a vehicle driven by the defendant, Scott D. Williams (“Williams”).2 After Williams admitted liability at trial, the jury awarded Miller damages of $45,000. Miller then filed a motion for an additur or a new trial. The trial court denied his motion, and this appeal followed. The sole issue3 on this appeal is whether the trial court erred in failing to suggest an additur or grant a new trial due to the alleged inadequacy of the jury’s award.

Anderson County Court of Appeals 02/05/98
State of Tennessee Department of Children's Services v. Anna Patricia Malone -Concurring
03A01-9706-JV-00224
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Suzanne Bailey

The trial court’s judgment terminated the parental rights of Anna Patricia Malone (“Mother”) in and to her children, Willard Fillmore Rednower (DOB: October 1, 1983) and Jessie Mae Rednower (DOB: September 15, 1985).1 She appealed, arguing, in her words, that the Department of Children’s Services (“DCS”) “failed to make reasonable efforts to reunite the family as required by T.C.A. [§] 37-1-166"; that the court erred in finding clear and convincing evidence of Mother’s “substantial noncompliance” with a plan of
care formulated by DCS pursuant to T.C.A. § 37-2-403; and that the court  erred in finding clear and convincing evidence of a basis for terminating Mother’s parental rights under T.C.A. § 37-1-147.2

Hamilton County Court of Appeals 02/05/98
Underground II, Inc., D/B/A The Boiler Room, v. The City of Knoxville, et al.
03A01-9709-CH-00425
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Sharon Bell

In this action the plaintiff-appellant (plaintiff) challenges the validity of an ordinance of the City of Knoxville which prohibits the practice of "brown bagging" (bringing your own alcoholic beverage) into restaurants, clubs, and businesses between the hours of 1:00 a.m. and 6:00 a.m., Monday through Saturday and 1:00 a.m. to 12:00 p.m. on Sundays. It further makes it unlawful for businesses of any kind to permit or allow any customer to "bring in, carry, or possess, or consume beer or alcoholic beverages" during specified times as set out above. The proprietors of the designated places are also prohibited from selling any non-intoxicating beverabe to be mixed with and/or consumed with alcoholic beverages between the designated times. The trial court upheld the validity of the ordinance. We reverse the trial court.

Knox County Court of Appeals 02/04/98
John D. Lockridge v. Mary Janet Wise Lockridge - Concurring
03A01-9709-CH-00392
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor John A. Turnbull

In this post-divorce case, John D. Lockridge (husband) appeals the trial court's judgment ordering him to pay $16, 021.70 in educational expenses incurred by his former wife, Janet Wise Lockridge (wife), pursuant to a contractual agreement between them made shortly before the divorce. The husband also appeals the trial court's award of attorney's fees to the wife in the amount of $20, 552.57. We affirm the trial court's judgment in part and reverse in part.

Knox County Court of Appeals 02/04/98
McCallie Chiropractic Clinic, Inc. D/B/A McCallie Health Center v. Erwin Dinsmore, Police Commissioner and the City of Chattanooga
03A01-9708-CH-00318
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Howell N. Peoples

The appellant (plaintiff) instituted this action against the appelles (defendants) in an attempt to gain access to copies of police reports of automobile accidens investigated by the Chattanooga Police Department. The plaintiff had requested by letter to inspect "[a]ll traffic accident reports maintained by your department which relate to any accident occuring with in seven days preceding the date of this letter. "The defendants had refused access to the plaintiff on the theory that such accident reports are made confidential under the provisions of T.C.A. § § 5 5 -10 - 108 , ets eq . The action was brought pursuant to the provisions of the Tennessee Public Records Act codified in  T.C. A . § § 10 -7-503 , et seq.  The trial court denied relief and this appeal resulted. We affirm the judgment of the trial court.

Knox County Court of Appeals 02/04/98
State vs. Clarence Washington
02C01-9703-CC-00097
Authoring Judge:
Trial Court Judge:
Lauderdale County Court of Appeals 01/30/98
Dillard vs. The Vanderbilt University
01A01-9706-CV-00265
Authoring Judge:
Trial Court Judge: Thomas W. Brothers
Davidson County Court of Appeals 01/30/98
Oolie vs. Qureshi
01A01-9706-CV-00240
Authoring Judge:
Trial Court Judge: Walter C. Kurtz
Davidson County Court of Appeals 01/30/98
01A01-9605-CH-00229
Authoring Judge:
Trial Court Judge: Jim T. Hamilton
Maury County Court of Appeals 01/30/98
Horton vs. Hughes
01A01-9601-CV-00045
Authoring Judge:
Trial Court Judge: Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 01/30/98
Tuttle vs. Tuttle
01A01-9512-CV-00546
Authoring Judge:
Trial Court Judge:
Court of Appeals 01/30/98
Gordon McGee v. Carl Pippin, Helen Pippin, et al. - Concurring
01-A-01-9706-CH-00289
Authoring Judge: Henry F. Todd
Trial Court Judge: Chancellor Robert E. Corlew, III

This is a suit by a stockholder of an insolvent corporation, against another stockholder, his wife and an employee, seeking judgment against them for  dissipation of assets of the corporation, recovery of money due from  debtors of the corporation and liquidation of the corporation for the benefit  of creditors. Although not designated such in the complaint, the suit appears to be a suit for a receivership. Matter of Liquidation of United American Bank in Knoxville. Tenn. 1987, 743 S.W.2d 911.

Rutherford County Court of Appeals 01/30/98