Court of Appeals Opinions

Format: 11/28/2014
Format: 11/28/2014
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
Grover R. Bass, v. John C. Kimbrough
02A01-9508-CH-00178
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Floyd Peete, Jr.

This case concerns liability in connection with the default on a promissory note for the purchase of stock in a closely held corporation. After a bench trial, the trial court awarded a judgment in favor of the plaintiff and also awarded attorneys’ fees to plaintiff. Two principal issues are before the Court. The first is whether the plaintiff gave the necessary parties proper notice of default under the terms of the promissory notes executed by the parties. The second is whether the guarantor of the promissory notes is liable under the personal guaranty if proper notice was, in fact, given. We find that the trial court was correct in its holding that proper notice was given and that the personal guarantor was liable. Accordingly, we affirm the trial court’s conclusion.

Shelby County Court of Appeals 10/03/96
Pamela Lemoine Ford v. Michael Burke Ford
02A01-9507-CH-00153
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Joe G. Riley. Jr.

In this post-divorce proceeding, Pamela Ford (“wife”) filed a petition to modify child support and alimony. Although the trial court declined to increase alimony, the court increased the amount of child support that Michael Ford (“husband”) was obligated to pay based upon his increased income. Wife has appealed and argues that the trial court erred in several respects. First, she asserts that the trial court erred in holding that the husband’s receipt of principal from an irrevocable trust is not “gross income” as that term is defined within the child support guidelines. Next, she contends that the trial court improperly failed to consider the value of the trust in increasing child support. Furthermore, wife argues that the trial court should have imputed income to husband based upon his voluntary unemployment. Finally, wife argues that the trial court erred in denying her request for an increase in alimony. For the reasons stated below, the judgment below is affirmed in part, reversed in part, and remanded for further proceedings.

Dyer County Court of Appeals 10/03/96
Joseph Collins, III v. Helene Larose Clegg
02A01-9502-CH-00028
Authoring Judge: Judge Holly Kirby Lilley
Trial Court Judge: Judge Joe G. Riley. Jr.

The mother and father lived together in Michigan for approximately fifteen (15) years but were never married. They had a daughter, Cnanah, now seven (7) years of age.

Lake County Court of Appeals 10/03/96
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