Court of Appeals Opinions

Format: 09/27/2016
Format: 09/27/2016
Timothy v. Potter, Dickson, Tennessee, For Appellant, J.M.S.
01-98-001-CC
Authoring Judge:
Trial Court Judge: A. Andrew Jackson
Dickson County Court of Appeals 09/12/97
Jerel Hughes v. Dept. of Correction
M2001-00074-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Ellen Hobbs Lyle
Petitioner, a state inmate, filed the underlying action seeking review of actions taken by the Tennessee Department of Correction and the Tennessee Board of Probation and Parole, including the decision of the Board to deny parole and set the next parole hearing two years later. Petitioner had been convicted of an additional felony while on parole from a previous felony conviction. The trial court dismissed the petition for failure to state a claim under Tenn. R. Civ. P. 12.02(6). For the reasons set forth below, we affirm the decision of the trial court.
Davidson County Court of Appeals 09/10/97
James Lowery, et al vs. Gary & Emily Franks
02A01-9612-CV-00304
Authoring Judge:
Trial Court Judge: John Franklin Murchison
Madison County Court of Appeals 09/10/97
Randall E. Deskins, et ux., v. Beulah M. Williams
03A01-9701-CV-00023
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Rex Henry Ogle

Randall E. Desksins and his wife Thelma Jean Deskins, appeal a judgment of the Circuit Court for Sevier County, entered pursuant to a juryverdict, which dismissed their claim against Beulah M. Williams for personal injuries suffered by Mr. Deskins and loss of consortium and services by Mrs. Deskins, resulting from an automobile accident occurring on June 3, 1989. Mr. Deskins also appeals a judgmentin favor of the original Defendant and Counter-Plaintiff, Beulah M. Williams.

Sevier County Court of Appeals 09/09/97
Gloria Spivey, et al vs. James Robinson, et al
02A01-9704-CV-00075
Authoring Judge:
Trial Court Judge: William B. Acree
Shelby County Court of Appeals 09/09/97
Robert Mabon, et al vs. Jackson-Madison Gen. Hosp., et al
02A01-9702-CV-00039
Authoring Judge:
Trial Court Judge: Whit A. Lafon
Madison County Court of Appeals 09/08/97
Eileen Smith vs. Shelby Co. Government
02A01-9701-CH-00024
Authoring Judge:
Trial Court Judge: C. Neal Small
Shelby County Court of Appeals 09/08/97
David Neal, et ux vs. Keith Boggs, et al
02A01-9612-CV-00305
Authoring Judge:
Trial Court Judge: Dick Jerman, Jr.
Gibson County Court of Appeals 09/08/97
Coy Hardaway, et al vs. William Burnett
02A01-9508-CH-00179
Authoring Judge:
Trial Court Judge: D. J. Alissandratos
Shelby County Court of Appeals 09/08/97
02A01-0611-CV-00279
Authoring Judge:
Trial Court Judge: Wyeth Chandler
Shelby County Court of Appeals 09/08/97
Mary Ann Umstot v. Edward Shirer Umstot
02A01-9701-CV-00008
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Karen R. Williams

This is a divorce case. Edward Shirer Umstot (Husband) appeals the order of the trial court awarding a divorce, alimony in solido, and child support to Mary Ann Umstot (Wife). 1 At the time of the divorce, one of the children was eighteen years old and the other child was fifteen years old. 2 Wife’s expert, who valued the plan, testified that a defined benefit plan is a plan in which a benefit is accumulated during one’s working years or tenure with a particular employer that will ultimately be paid out upon retirement or the attainment of so many years of service or a certain age. 3 The trial court accepted the lower value because the parties testified that the property occasionally floods. 2 The parties were married on August 16, 1977 and had two children during the marriage.1 At the time of the divorce, Wife was 52 years old, and Husband was 53 years old. Husband is in good health, but Wife was recently diagnosed with malignant melanoma. She testified that she has a 40% chance of living another five years.

Shelby County Court of Appeals 09/05/97
Mary Ann Umstot v. Edward Shirer Umstot - Dissenting/Concurring
02A01-9701-CV-00008
Authoring Judge: Judge David G. Hayes
Trial Court Judge:

I respectfully dissent from that portion of the majority's opinion which concludes that the trial court's award of alimony in solido was excessive. As noted by the majority, the trial court's order awarded 58% of the marital estate to the wife and 42% percent of the marital estate to the husband. This court's ruling, in its attempt to achieve “a more equitable division," awards 51% of the marital estate to the wife and 49% percent to the husband.

Court of Appeals 09/05/97
Dorothy R. W. Barham v. Diane W. Cooper
02A01-9608-CH-00200
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor D. J. Alissandratos

This case involves a complaint for an accounting and injunctive relief. Plaintiff, Dorothy R. W. Barham, appeals the order of the trial court affirming the report of the Special Master in favor of defendant, Diane W. Cooper.

Shelby County Court of Appeals 09/05/97