Court of Appeals Opinions

Format: 04/17/2014
Format: 04/17/2014
Carol Louise Kepler, v. Scott James Kepler
03A01-9508-CV-00248
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Bill Swann

This divorce litigation involves the dissolution of the twenty-one year marriage between Appellant, Scott James Kepler (Husband) and Appellee, Carol Louise Kepler (Wife). Their union produced two children, ages 17 and 14 at the time of trial. The final divorce decree granted an absolute divorce and custody of the children to Wife. Husband now appeals from the decree, challenging the trial court’s valuation of the marital residence, award of rehabilitative alimony and attorney’s fees to Wife and failure to establish an “ascertainable standard” by which to measure Wife’s progress towards completion of her educational goals. For reasons to be discussed, we affirm the trial court.

Knox County Court of Appeals 04/04/96
Atlanta Casualty Company, v. Margie Etta Fuson, Damon Lee Fuson and Shannon Nicole Fuson
03A01-9507-CV-00232
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Conrad E. Troutman, Jr.

This appeal stems from a declaratory judgment action filed by Appellant, Atlanta Casualty Company (Atlanta Casualty), seeking a determination of whether an automobile insurance policy issued by Atlanta Casualty to Damon P. Fuson, now deceased, affords uninsured motorist coverage to the appellees, Margie Etta Fuson, surviving spouse of the deceased, and their two minor children, Damon Lee and Shannon Nicole Fuson (hereinafter “the Fusons”). The trial court entertained motions for summary judgment filed by both parties. The trial court denied Appellant’s motion, but entered summary judgment in favor of the appellees, finding that the insurance policy in question affords them coverage. For reasons hereinafter detailed, we affirm the judgment of the trial court.

Claiborne County Court of Appeals 04/04/96
Charles K. Lockwood and Frankie L. Lockwood, v. William M. Ables
01A01-9509-CV-00422
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge William H. Inman

In this legal malpractice case, the trial judge directed a verdict for the defendant because he found that the plaintiffs failed to prove that but for the defendant’s negligence they would have won their lawsuit. We reverse and remand for a new trial.

Marion County Court of Appeals 04/04/96
Sandra K. Lewis, and husband, Carlton Lewis, v. Jason M. Pendergrass and R. Eugene Pendergrass
03A01- 9510- CV- 00369
Authoring Judge:
Trial Court Judge: Judge Herschel P. Franks

The determinative issue on appeal as framed by the appellant is: [Whether] the defendants were deprived of a fair and impartial jury because of Juror Rankin's failure to respond truthfully on voir dire and further, because Juror Rankin and plaintiffs' counsel both failed to reveal a recent attorney/client relationship and an upcoming trial wherein plaintiffs' counsel would be a crucial witness on behalf of Juror Rankin.

Court of Appeals 04/03/96
Allstate Insurance Company, v. Mary Louis Davis, John Rasnic, Carolyn Rasnic, and Tennessee Farmers Mutual Insurance Companies
03A01-9512-C-00426
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge Conrad Troutman

In this declaratory judgment action, plaintiff, insurance company, sought a declaration that its insured, John H. Rasnic, was not an insured under its policy for the accident occuring between the Rasnic and Davis motor vehicles. Specifically, the complaint alleged that Rasnic had violated the policy provision:

We must be notified promptly of how, when, and where the accident or loss happened. Notice should also include the names and addresses of any injuried persons and of any witness. Allstate would assert that while the accident occurred on December 1, 1993, they did not receive notice until June 24, 1994.

Court of Appeals 04/03/96
Margaret Schindler Haas v. Michael Lee Haas
02A01-9604-CV-00073
Authoring Judge: Judge David J. Farmer
Trial Court Judge:

The appellant has filed a petition for rehearing stating that this Court’s opinion failed to address the request in her brief that she be awarded attorney’s fees incurred on appeal. After due consideration, the appellant’s request for an award of attorney’s fees occurred on appeal is denied.

Shelby County Court of Appeals 04/01/96
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Knox County Court of Appeals 03/29/96
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Washington County Court of Appeals 03/29/96
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Knox County Court of Appeals 03/29/96
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Court of Appeals 03/29/96
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Knox County Court of Appeals 03/29/96
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Washington County Court of Appeals 03/29/96