Court of Appeals Opinions

Format: 07/29/2014
Format: 07/29/2014
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
Debra Jewell Young Ford v. Dennis Clifford Ford
03A01-9606-CH-00197
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Earl H. Henley

This appeal arises from the judgment of the trial court which, among other things, awarded a divorce to the defendant, provided for custody of the parties' minor children and made a division of the marital estate. We affirm the judgment of the trial court.

Court of Appeals 10/01/96
Faye Louise Taylor Chadwell, v. Albert Chadwell and Consolidation Coal Company
03A01-9601-GS-00007
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Billy Joe White

In this post-divorce proceeding, the Chancellor found that certain assets owned by Albert Chadwell at the time of the parties' divorce were marital assets and that his former wife, Fay Louise Taylor Chadwell, was entitled to a judgment against him of $94,320, which included the interest from the date of the divorce. The Chancellor also impressed a lien against certain real estate originally owned by Mr. Chadwell, who later purported to transfer an interest to his present wife. Both the real estate and the home Mr. Chadwell erected thereon were paid for in part with the assets in dispute in this appeal.

Campbell County Court of Appeals 10/01/96
Arthur Blair v. Marilyn Badenhope - Concurring
03A01- 9604- CH- 00128
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor Dennis H. Inman

Joy Badenhope is the child of Susan Badenhope and Arthur Blair.  Susan Badenhope, a resident of North Carolina, died when the child was less than one year old.  After her death, Joy began residing with her maternal grandmother, Marilyn Badenhope, in Tennessee.  The grandmother was granted custody by a North Carolina court in an action for custody she filed some two months after the mother's death.  The father soon thereafter moved to Tennessee and filed an action in Tennessee to increase visitation and attain custody.

Greene County Court of Appeals 10/01/96
State of Tennessee, v. John Russell Turner
03C01-9510-CC-00321
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The appellant, John Russell Turner, appeals from his conviction by a jury for driving under the influence of an intoxicant. The Circuit Court of Blount County sentenced the appellant to eleven months and twenty-nine days incarceration in the county jail and suspended all but five days. On appeal, the appellant contends that the evidence adduced at trial is insufficient to support a conviction, because the State failed to prove that he intended to operate a vehicle.

Blount County Court of Appeals 10/01/96
State of Tennessee v. John Russell Turner
03C01-9510-CC-00321
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The appellant, John Russell Turner, appeals from his conviction by a juryfor driving under the influence of an intoxicant. The Circuit Court of Blount County sentenced the appellant to eleven months and twenty-nine days incarceration in the county jail and suspended all but five days. On appeal, theappellant contends that the evidence adduced at trial is insufficient to support a conviction, because the State failed to prove that he intended to operate a vehicle.

Blount County Court of Appeals 10/01/96
State of Tennessee, v. Brian K. Collins
03C01-9510-CC-00305
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge R. Jerry Beck

The defendant, Brian K. Collins, was convicted of violating a habitual traffic offender order, violation of registration, and evading arrest. He was sentenced as a range one offender to two years for violating the order, thirty days for violation of registration, and eleven months and twenty nine days for evading arrest, all to be served concurrently. This is his appeal of right.

Sullivan County Court of Appeals 10/01/96
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 09/30/96
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 09/30/96
Cooksey vs. Shelley
01A01-9708-CV-00378
Authoring Judge:
Trial Court Judge: Bobby H. Capers
Wilson County Court of Appeals 09/30/96
02A01-9505-CV-00112
Authoring Judge:
Trial Court Judge: George H. Brown
Shelby County Court of Appeals 09/26/96