Court of Appeals Opinions

Format: 12/20/2014
Format: 12/20/2014
Lois Smith and Cecil Smith, v. Bethel Marie (Smith) Schneider, v. Roger Allen Smith
02A01-9608-CH-00193
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Joe C. Morris

The petition was filed in accordance with T.C.A. § 36-6-301 which states: Grandparents’ visitation rights. -- (a) The natural or legal grandparents of an unmarried minor child may be granted reasonable visitation rights to the child during such child’s minority by a court of competent jurisdiction upon a finding that such visitation rights would be in the best interests of the minor child. Lois Smith and Cecil Smith appeal from the trial court’s denial of their petition seeking visitation rights with their grandson, Jonathon Allen Smith, pursuant to T.C.A. § 36-6-301.1 The appellants are the parents of Roger Allen Smith whose marriage to Bethel Marie Smith (now Schneider) ended in divorce in April 1990. Jonathon Allen Smith was born to that marriage and was age 7 at the time of the hearing which is the subject of this appeal. Custody of Jonathon was awarded to his mother.

Henderson County Court of Appeals 12/11/96
Darryl Jones, as surviving next of kin of Goldie Jones, Deceased, v. Dana A. Watson,and Sheree Watson
02A01-9602-CV-00038
Authoring Judge: Senior Judge Hewitt P. Tomlin
Trial Court Judge: Judge Robert L. Childers

Darryl Jones (hereafter “Plaintiff”) filed suit in the Circuit Court of Shelby County against Dana A. Watson and Sheree Watson (hereafter “Defendants”) to recover damages for the wrongful death of his wife, Goldie Jones, as a result of a motor vehicle accident. Defendants were insured by Allstate Insurance Company ( hereafter “Allstate”). Allstate ultimately entered into a settlement agreement with plaintiff and pursuant thereto issued not one but two consecutive settlement checks to plaintiff. Because the son of the deceased wife incorrectly filed a wrongful death action on his own behalf, plaintiff was prevented from consummating the settlem ent agreement with
Allstate. Some three years after plaintiff’s suit had been filed, defendants filed a motion to dismiss on the grounds that plaintiff had failed to comply with Rules 3 and 4 T.R.C.P. in that defendants had not been served with process, nor had an alias summons been issued, nor had the action been  recommenced within one year of the date of the issuance of the original process, thus plaintiff’s claim was barred by the one year statute of limitations. The trial court granted the defendants’ motion to dismiss. The sole issue presented by plaintiff on appeal is whether the trial court erred in so doing. We find that it did and reverse.

Shelby County Court of Appeals 12/11/96
01A01-9607-CV-00307
Authoring Judge:
Trial Court Judge: William B. Cain
Maury County Court of Appeals 12/11/96
Wherein The Board'S Discretion Is Not So Broad. See Totty v. Tennessee Dep'T Of
01A01-9607-CH-00335
Authoring Judge:
Trial Court Judge: William C. Koch
Court of Appeals 12/11/96
01A01-9607-CH-00296
Authoring Judge:
Trial Court Judge: Tom E. Gray
Sumner County Court of Appeals 12/11/96
01A01-9607-CH-00287
Authoring Judge:
Trial Court Judge: William B. Cain
Giles County Court of Appeals 12/11/96
01A01-9606-CV-00283
Authoring Judge:
Trial Court Judge:
Court of Appeals 12/11/96
Hall, 847 S.W.2D 208, 211 (Tenn. 1993); Clifton v. Bass, 908 S.W.2D 205, 208
01A01-9605-CV-00210
Authoring Judge:
Trial Court Judge:
Court of Appeals 12/11/96
01A01-9605-CV-00210
Authoring Judge:
Trial Court Judge: John A. Turnbull
Putnam County Court of Appeals 12/11/96
01A01-9605-CH-00215
Authoring Judge:
Trial Court Judge:
Williamson County Court of Appeals 12/11/96
01A01-9605-CH-00215
Authoring Judge:
Trial Court Judge: Robert S. Brandt
Court of Appeals 12/11/96
Turnbo vs. Turnbo
01A01-9307-CH-00314
Authoring Judge:
Trial Court Judge: Jim T. Hamilton
Wayne County Court of Appeals 12/11/96
01A01-9609-CH-00393
Authoring Judge:
Trial Court Judge: Ellen Hobbs Lyle
Davidson County Court of Appeals 12/11/96