Court of Appeals Opinions

Format: 11/22/2014
Format: 11/22/2014
Department of Human Services and William D. Gardner and Joann Gardner, v. Dana D. Defriece, In the Matter of John Defriece, a Minor
03A01-9604-JV-00150
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge C. Van Deacon, Jr.

The trial court terminated the parental rights of Dana D. Defriece (Mother) to her son, John Defriece (John)(DOB: Januar 9, 1988). Mother appeals, raising three issues that present the followig questions:

Bradley County Court of Appeals 10/04/96
United National Real Estate, Inc., v. C.F. Thompson and Columbia Auto Parts, Inc.
01A01-9604-CH-00173
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Jim T. Hamilton

This is a suit by a judgment creditor to set aside a fraudulent transfer of assets and to subject said assets to the satisfaction of the judgment.

Maury County Court of Appeals 10/04/96
Jimmy E. Smith, v. Connie Sue Argo Smith - Concurring/Dissenting
01A01-9602-GS-00074
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge:

I concur with the majority’s conclusion that the criteria for determining the
validity of antenuptial agreements announced in Randolph v. Randolph, ___
S.W.2d ___, ___ (Tenn. 1996)1 should be applied to reconciliation agreements.
I also agree with the majority’s determination that the reconciliation agreement
involved in this case is not enforceable because Mr. Smith has not demonstrated
by a preponderance of the evidence that he disclosed the value of his interest in
National Sheet Metal Company to Ms. Smith or that Ms. Smith had independent
knowledge of the nature, extent and value of this interest. Accordingly, I agree
that the trial court erred by enforcing the reconciliation agreement.

Warren County Court of Appeals 10/04/96
Jimmy E. Smith v. Connie Sue Argo Smith
01A01-9602-GS-00074
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Richard Mcgregor

The counter-plaintiff, Connie Argo Smith, appeals from the Trial Court’s judgment awarding her a divorce on grounds of cruel and inhuman treatment. The Trial Court also awarded her the marital residence and contents, a 1990 Astro Mini Van, and $100,000.00 cash. The Trial Court required the counter-defendant, Jimmy E. Smith, to pay all marital debts including the mortgage on the home. The court also awarded Mr. Smith a farm, commercial property, the “Smart Station” property, a houseboat, a bass boat, a Chevrolet truck, Mercedes automobile, riding mower, tractor, personal effects and unspecified stocks.

Warren County Court of Appeals 10/04/96
Ella Mae Brown v. Marvin Douglas Brown - Concurring
01-A-01-9510-CV-00480
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Muriel Robinson

The wife of a prisoner in the custody of the Tennessee Department of Correction filed for divorce, claiming that her husband was guilty of inappropriate marital conduct. The husband answered and counterclaimed, and moved the court to order the wife to file a Bill of Particulars, setting forth the facts she was relying upon as grounds for the pending divorce. The court did not respond to the husband’s motion, nor did it respond to the husband’s Motion for Writ of Habeas Corpus ad Testificandum, but granted the wife an absolute divorce without affording the husband the opportunity to present any evidence. We reverse, and vacate the trial court’s order.

Davidson County Court of Appeals 10/04/96
Elmer Richardson, Individully and as Surviving Spouse of Goldie H. Richardson, Deceased, v. City of Knoxville
03A01-9602-CV-00049
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Harold Wimberly

The City of Knoxville appeals judgments rendered in favor of Elmer Richardson, surviving spouse of Goldie H. Richardson, for personal injuries received by him and the wrongful death of his wife in the amount of $30,000, and $130,000, respectively.

Knox County Court of Appeals 10/03/96
In Re: The Estate of Sally B. Coggins, Deceased
03A01-9604-PB-00131
Authoring Judge: Special Judge Clifford E. Sanders
Trial Court Judge: Chancellor William E. Lantrip

The pivotal issue on this appeal is, if an attorney in fact issues a check to a bank, drawn on the checking account of her principal, for which the bank issues a time certificate of deposit for the amount of the check in the name of the principal "or" the attorney in fact, and there is no specific provision in the power of attorney for such transaction and no signature card or contract 2 relating to the certificate of deposit signed by either the principal or the attorney in fact, upon the death of the principal, which is entitled to the funds, the principal's estate or the attorney in fact? We hold the estate is entitled to the funds, and affirm.

Anderson County Court of Appeals 10/03/96
Jeannie Farrow v. Charles F. Barnett and Fort Sanders Parkwest Medical Center
03A01-9603-CV-00084
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Harold Wimberly

This is an appeal by plaintiff/appellant, Jeannie Farrow, from two orders of the trial court which granted the motion to dismiss filed by defendant/appellee, Charles F. Barnett, M.D. (“Dr. Barnett”), and the motion for summary judgment filed by defendant/appellee, Fort Sanders Parkwest Medical Center (“the Medical Center”). In its orders, the trial court concluded that plaintiff failed to file her action within the applicable statute of limitations. The facts out of which this controversy arose are as follows.

Court of Appeals 10/03/96
State of Tennessee, v. Allen Ray Ricker
03C01-9510-CC-00310
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Judge James E. Beckner

The appellant, Allen Ray Ricker, was convicted of theft under $10,000, a Class D felony, by a jury of his peers. The trial court found that the appellant was a standard offender and imposed a Range I sentence of confinement for three (3) years in the Department of Correction. The appellant contends that the trial court committed error of prejudicial dimensions by: (a) denying his motion for a judgment of acquittal at the conclusion of the state’s case in chief because the state failed to prove the venue of the offense and failed to prove that the person named in the indictment was the owner of the wrecker in question, and (b) permitting the state to reopen its case in chief to prove the venue of the offense. After a thorough review of the record, the briefs submitted by the parties, and the law that governs the issues presented for review, it is the opinion of this Court that the judgment of the trial court should be affirmed.

Greene County Court of Appeals 10/03/96
Lamar Fletcher, v. John W. Campbell
02A01-9605-CH-00102
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Neal Small

Plaintiff-Appellant, Lamar Fletcher (“Fletcher”), appearing pro se, appeals the trial court’s order granting the motion to dismiss filed by Defendant-Appellee, John W. Campbell (“Campbell”).

Shelby County Court of Appeals 10/03/96
Susan Kay Malik v. Kafait U. Malik - Concurring
02A01-9604-CH-00070
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Neal Small

In this post-divorce proceeding, Kafait U. Malik (“husband”) appeals from the trial court’s judgment ordering him to cash out and/or borrow against his pension and retirement funds in order to satisfy the court’s prior distribution of marital property to Susan K. Malik (“wife”).

Shelby County Court of Appeals 10/03/96
Diane Lynn Burleson v. Mickey Dwayne Burleson
02A01-9601-CH-00021
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Joe C. Morris

Defendant-Appellant, Mickey Dwayne Burleson (“Father”), appeals the trial court’s judgment denying his petition to modify the child custody provisions of the parties’ final divorce decree.

Henderson County Court of Appeals 10/03/96
Linda Diane Stamp, v. Stephen Ray Stamp
02A01-9512-CH-00279
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Walton West

Stephen Ray Stamps appeals the judgment of the trial court dismissing his “Petition
for Visitation Rights” for lack of jurisdiction. The parties were divorced in the court below and
Linda Diane Stamps was awarded custody of the parties minor daughter. Mr. Stamps was
incarcerated at that time.

Henry County Court of Appeals 10/03/96