Court of Appeals Opinions

Format: 07/26/2016
Format: 07/26/2016
Keith Hardware, Inc. v. Douglas L. White and Carolyn L. White - Concurring
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor Lewis W. May

The issue on this interlocutory appeal granted pursuant to T. R. A. P. Rule 9, is whether the lease between the parties is too broad to be enforceable, as was held by the Trial Court.

Washington County Court of Appeals 06/06/97
Gladstone Ralph Hobbs v. Mollie Jane Hobbs - Concurring
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Chester Mahood

This is a divorce action. The defendant (wife) assertson this appeal, among other things, that the trial court abused its discretion in denying a continuance of the trial. The record reflects that there was a great deal of confusion as to the way and manner the case was set for trial because of the resignation of the former Circuit Judge. The wife's counsel claims to have had no notice of the trial date until the day the case was set for trial. On that date, he applied to the court for a continuance. The court continued the case until the following morning at 7:00 a.m. Prior to the trial, the court allowed the wife's attorney to make a motion for a continuance on the record, with a written motion, to be filed as exhibit No.1. Counsel's affidavit supporting the motion for a continuance was allowed to be filed as exhibit 2.

Greene County Court of Appeals 06/06/97
Casey Lynn Burgess, v. Brenda Lea (Burgess) Welch
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge John A. Bean

By this appeal Casey Lynn Burgess insists that the Trial Court was in error in dismissing his petition for change of custody of his two children, custody of whom by the divorce decree was awarded to Ms. Welch.

Cumberland County Court of Appeals 06/06/97
Whitney Leigh Davidson, Minor Child, by next friend, Rozan Davidson, v. Donna Wright, et al.
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Chancellor William Everett Lantripp

The Knox County Board of Education adopted a policy against the possession of weapons on school campuses for the school year beginning in September 1995. Whitney Leigh Davidson was provided a copy of the West High School Handbook which explained the policy and the consequences of its violation. On January 23, 1996, while a junior at West High School, she was suspended for a violation of the policy. Following a series of administrative hearings the Board of Education held a plenary hearing and upheld the decision to expel Ms Davidson for one year. Judicial review resulted in a finding that the Board had not acted arbitrarily, illegally or beyond its jurisdiction in expelling Ms. Davidson.

Knox County Court of Appeals 06/06/97
Aeyon Cho v. Dae-Young Jeong - Concurring
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Bill Swan

We granted the application of Dae-Young Jeong (Husband) for an interlocutory appeal pursuant to Rule 9, T.R.A.P., to consider whether the trial court has subject matter jurisdiction to grant his wife, the plaintiff Aeyon Cho (Wife), an absolute divorce.

Knox County Court of Appeals 06/06/97
Jorge Ariel Sanjines, M.D., v. Ortwein and Associates, P.C., William H. Ortwein, J. Cris Helton, and John R. Morgan
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge Douglas A. Meyer

Plaintiff, incarcerated in prison, brought this action against this attorney for alleged malpractice in representing him in the charges brought against him for criminal conduct.

Hamilton County Court of Appeals 06/05/97
W. Dale Gordon v. Robbyn Gordon - Concurring
03A01- 9702- CV- 00054
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Conrad Troutman, Jr.

This is a divorce case that comes to us in an unusual posture. The Husband filed his original complaint on April 3, 1996.  No answer was filed by the Wife.  A marital dissolution agreement was filed on June 12, 1996. The marital dissolution agreement provided for the division of  the parties' property and further contained the following provision:

The parties agree that they are equally responsible for the breakdown of  the marriage and respectfully request the court to declare them divorced rather than awarding a divorce to either party alone.

Scott County Court of Appeals 06/05/97
Richard Gause D/B/A Roofworks of Tennessee, v. Anice Cole, D/B/A Riverside Shop and Jerry Ogle
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Chester R. Rainwater, Jr.

This case originated as an action to enforce a lien for work and materials pursuant to  T. C. A. § 66- 11- 126. The plaintiff alleged that he had furnished equipment, labor, and materials which were used for improvements on the property which the defendant, Cole occupied as lessee and the defendant, Ogle, was an owner. The defendant, Ogle, filed an answer, generally stated that he owned an interest in the subject property, but was without sufficient knowledge or information to form a belief as to the truth of the allegations set forth in the complaint.



Sevier County Court of Appeals 06/05/97
Deborah Hendrix, v. First Tennessee National Corporation, D/B/A First Tennessee Bank
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge G. Richard Johnson

This action for damages for defamation and outrageous conduct was dismissed on motion for summary judgment. The plaintiff presents the propriety of the dismissal for appellate review, which is de novo on the record with no presumption of correctness. Johnson v. EMPE, Inc., 837 S.W.2d 62, 68 (Tenn. App. 1992).

Court of Appeals 06/05/97
Mabel Donnelly v. Robert E. Walter M. D. and Hermitage Nursing Center - Concurring
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor G. Richard Johnson

Plaintiff Mabel Donnelly (Donnelly) appealed the trial court’s denial of her motion to reconsider a grant of summary judgment to the defendants Dr.  Robert E. Walter (Dr. Walter) and Hermitage Nursing Home (Hermitage).  She presents for our review the question of whether the denial of her  motion to reconsider was an abuse of the trial court’s discretion. For their part, the defendants contend that Donnelly’s appeal should be dismissed because of her failure to serve a copy of the notice of appeal on the clerk of this court. We affirm.

Carter County Court of Appeals 06/05/97
Brian Grant vs. Tonya Grant
Authoring Judge:
Trial Court Judge:
Court of Appeals 06/05/97
In Re: Estate of Carl Parrott; Wanda P. Patterson v. Jerry K Galyon - Concurring
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Chester S. Rainwater, Jr.

This is a declaratory action wherein the parties seek to have a portion of the will of Carl Parrot t, deceased, construed by the court. Carl Parrott died testate on February 20, 1990. His Last Will and Testament was executed on January 3, 1983, and named his attorney, Jerry K. Galyon, and his daughter, Wanda Parrott Patterson, co- executors.

Sevier County Court of Appeals 06/04/97
Christopher Brian Minnich, v. Nancy Graves Roberson
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Bill Swann

This is an appeal from the judgment of the trial court granting joint custody of the parties' minor children to the parties, with the husband having primary residential custody. For reasons hereinafter stated, we affirm the judgment of the trial court.

Court of Appeals 06/04/97