Court of Appeals Opinions

Format: 07/23/2014
Format: 07/23/2014
William A. Winningham Executor of the Estate of Alston Winningham v. Tammy K. Winningham - Concurring
03A01-9604-PB-00152
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Gary W. Dodson

We are called upon in this appeal to determine whether relying on the advice of an attorney in filing an unfounded will contest constitutes probable cause sufficient to avoid the enforcement of a forfeiture clause in the will. For the reasons set forth below, we find that such reliance does constitute probable cause, and reverse the judgment of the trial court.

Cumberland County Court of Appeals 10/02/96
Mark McCain v. Airport Honda and Bob Rutherford
03A01- 9603- CV- 00099
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge W. Dale Young

In this action asking damages for alleged retaliatory discharge, the Trial Court granted employer summary judgment, and plaintiff has appealed. We affirm.

 

Court of Appeals 10/02/96
Ada Bell Brown and Beverly J. Everett, Marion Evertt Barton, and Gerald Joseph Everett, v. Ralph Everett (Individually) and as Executor of the Estate of Joseph Robert Everett, et al.
03A01-9605-00174
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge Buddy L. Perry

Walter Everett died in 1993; his children Marion Everett Barton and Gerald Joseph Everett were substituted as plaintiffs in place of their father. In this contest of the will of the deceased, Joseph Everett, a jury returned special verdicts that the deceased did not have sufficient mental capacity to make a valid will, and Joseph Robert Everett, Deceased, was unduly influenced by Ralph Everett on March 11 to the extent that such influence amounted to coercion, destroying the free will of the deceased and substituting his will for the deceased and compelling the deceased to make a disposition he otherwise would not have made.

 

Bledsoe County Court of Appeals 10/02/96
Richard Briggs and Stephanie R. Briggs, v. Riversound Limited Partnership, William S. Nix, D/B/A WEN Enterprises, General Partner, and Daryl Wagner
03A01-9603-CV-00115
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Dale C. Workman

The single issue in this case is whether a remote purchaser of a home may maintain a negligence action against the builder of the home despite a lack of contractual privity. The trial court granted summary judgment in favor of the defendant and this appeal resulted. We reverse the judgment of the trial court.

Knox County Court of Appeals 10/02/96
Victoria Angozi Anene v. John N. Namdi Anene
03A01-9511-CV-00387
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge William L. Brown

The Defendant, John Namdi Anene appeals a judgment of the Circuit Court of Hamilton County granting Victoria Ngozi Anene's petition for divorce and awarding her custody of their three minor children. Mr. Anene raises five issues on appeal, two of which are jurisdictional. (See appendix.) As to the jurisdictional issues, we find that the Circuit Court of Hamilton was correct in assuming jurisdiction to hear both the divorce and custody issues. We find the remainint issues to be without merit.

 

Hamilton County Court of Appeals 10/02/96
Ronnie Wilson Perry v. Marla Renee Perry (Robinson)
01A01-9602-CH-00088
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor C. K. Smith

This is a child custody case. Appellant Marla Perry sought to move out of state with the minor children of her previous marriage. In response, Appellee Ronnie Perry filed a petition seeking a change in custody. The trial court held that custody would be changed in the event that the mother moved out state. We reverse, based on the Tennessee Supreme Court’s decision in Aaby v. Strange, 924 S.W.2d 623 (Tenn. 1996).

Wilson County Court of Appeals 10/02/96
Teri Michelle Parker, v. Richard Ken Parker
01A01-9504-CH-00138
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Allen W. Wallace

In this case, Plaintiff-Appellant, Teri Michelle Parker (Wife), appeals the trial court’s decision to award custody of the parties' child, Dylan Ken Parker, to Defendant-Appellee, Richard Ken Parker (Husband), alleging that the custody determination was based on the effects of racial prejudice. We affirm the trial court’s award of custody to Husband.

Houston County Court of Appeals 10/02/96
Michael Scott Evans, v. Karen Marie Bisson Steeman - Dissenting
01A01-9511-JV-00508
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge:

Michael Scott Evans is seeking nothing more than to acknowledge his parental responsibilities to Jacob Ryan Steelman. The majority, however, has decided that he is not entitled to prove in court that he is the boy’s biological father simply because the child’s mother was married to another man when he was born. This decision rests squarely on an erroneous judicial interpretation of Tennessee’s legitimation statutes. Rather than perpetuating injustice, our responsibility as common law judges is to remedy, not ignore, plain judicial mistakes.

Court of Appeals 10/02/96
Michael Scott Evans, v. Karen Marie Bisson Steelman - Concurring
01A01-9511-JV-00508
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge:

I fully concur in Judge Cantrell's opinion. I have read with much interest Judge Koch's dissenting opinion. The matters set forth in the dissenting opinion might make good public policy, but the setting of public policy is not a matter for this court or any court in Tennessee.

Davidson County Court of Appeals 10/02/96
Michael Scott Evens, v. Karen Maried Bisson Steelman
01A01-9511-JV-00508
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Andrew J. Shookhoff

In this appeal we are asked to re-visit the question of whether a man who fathers a child by a married woman may legitimate the child. The Davidson County Juvenile Court held that the legitimation statute allowing a putative father to legitimate a child “not born in lawful wedlock” applied only to children born to unmarried women. If that interpretation holds, the appellant attacks the constitutionality of the statute on due process and equal protection grounds. We affirm the lower court’s interpretation of the statute and reject the appellant’s contention that the statute is constitutionally defective.

Davidson County Court of Appeals 10/02/96
Bellsouth Telecommunications, Inc. v. Keith Bissell, Steve Hewlett, Sara Kyle, Constituting the Tennessee Public Service Commission
01A01-9509-BC-00400
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge:

The Tennessee Public Service Commission ordered the completion of a previously authorized investigation of the future earnings of BellSouth Telecommunications, despite legislative developments that stripped the Commission of its authority to use such an investigation to set telephone rates. BellSouth filed a petition with this court for review of the PSC’s order, arguing that completion of the investigation was inconsistent with the legislative purpose. We reverse the Commission’s order and remand the case for further consideration by the Tennessee Regulatory Commission.

Davidson County Court of Appeals 10/02/96
Susan Renee Wright Williamson v. John Houston Williamson
03A01-9602-DR-00073
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge William R. Brewer, Jr.

In this divorce action the Trial Court awarded to each party an absolute divorce from the other on the grounds of  inappropriate marital conduct. The Court awarded the custody of the parties' two minor children to the mother, ordered the father to pay child support and based upo the guidelihes, and in dividing the parties' marital estate  concluded that their home was a gift from the husband's paretns to him alone, and therefore separate property. From this latter determination, the wife has appealed.

 

Court of Appeals 10/01/96
Fred Johns, Administrator of The Estate of Sue Eva Johns, v. Takoma Adventist Hospital
03A01-9604-CV-00130
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge John K. Wilson

In this action for damages for personal injuries to the deceased, the complaint alleged the deceased was placed in a room while in defendant hospital, and on April 18, 1991, she ws found lying on the floor with injuries about her head and face. It was further alleged that it was not learned until wll after her death, in conversation with the physicians of the plaintiff decedent, that the decedent more likely would have survived for many years had she not fallen...

Greene County Court of Appeals 10/01/96