Court of Appeals Opinions

Format: 12/19/2014
Format: 12/19/2014
Billy Gwinn Mitchell, v. Sam F. Cole Jr. Substitute Trustee, Estate of Prudence Reynolds, and Gerald W. PIckens, Administrator CTA
02A01-9503-CH-00060
Authoring Judge: Senior Judge Hewitt P. Tomlin, Jr.
Trial Court Judge: Chancellor Russell Fowler

The original plaintiff in this case, Billy Gwin Mitchell (“plaintiff” or “Mitchell”) filed suit in the Chancery Court of Shelby County seeking to enjoin the foreclosure of a deed of trust. Named as defendants were Sam F. Cole, Jr., Substitute Trustee of the Estate of Prudence Reynolds, and Gerald W. Pickens, Administrator CTA (“defendants” or by name). Defendants filed an answer and a counter-complaint in which they contended, among other things, that the records of Mitchell’s Chapter 11 bankruptcy case reflected Mitchell’s confirmed amended plan of reorganization mandated that Mitchell pay the mortgage indebtedness to Ms. Reynolds in accordance with the terms of the promissory note. As counter-plaintiffs, Cole and Pickens sought a money judgment for the principal balance due and owing on the note, plus accrued interest and attorney’s fees and costs. At the conclusion of all the proof, the case was submitted to a jury, and after issues of fact had been resolved, the special chancellor entered a judgment in favor of the Reynolds estate in the amount of $41,101.64 on the promissory note and attorney’s 2 fees in the amount of $21,900.00.

Shelby County Court of Appeals 08/08/96
Robert Cox, Administrator of the Estate of Linda Cox Johnson, Deceased, v. General Care Corp. D/B/A HCA. Regional Hospital of Jackson, Beverly Ann Jetton, Nurse, Shewanna Macky, Receptionist, and Joseph Ragon, M.D.
02A01-9412-CV-00269
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge:

Appellant has filed a Motion to Rehear Pursuant to Rule 39 of the Tennessee Rules of Appellate Procedure. In the Motion, Appellant contends that the Opinion of this Court was based on an incorrect application of the law. Noting that the Opinion states that neither Appellant’s original Complaint or the proposed Amended Complaint allege negligence with respect to laboratory tests conducted on the deceased, Appellant asserts that he was erroneously required to state a legal theory, not simply “facts from which a legal theory can be inferred.”

Jackson County Court of Appeals 08/08/96
Jennifer Frank v. Ali Noureddini, Olifate Nouredinni, et al. - Concurring
01A01-9601-CH-00044
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Chancellor Robert S. Brandt

The Plaintiff, Jennifer Frank, has appealed from summary judgment in favor of the Defendants, American Realty Company, Terry Stephens, Lee  Ann Hoffman, Shirley Adkins and Alan Saturn; and from a judgment in favor of Plaintiff and against the Defendant, Ali Noureddini in the amount of  $50,000. Other captioned Defendants are not involved in this appeal.

Davidson County Court of Appeals 08/07/96
Christopher Johnson v.Tennessee Department of Correction - Concurring
01-A-01-9602-CH-00064
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Ellen Hobbs Lyle

A convicted burglar in the custody of the Department of Correction filed a petition with the Chancery Court of Davidson County for an order directing  the Department to award him additional credits against his sentence for time spent in jail before and after trial, and for sentence reduction credits he allegedly earned during the same period of incarceration. The Chancellor found that Mr. Johnson had already received all the credits to which he was entitled. We affirm-

Davidson County Court of Appeals 08/07/96
Michael Anthony Ladd, a minor, by Virginia Ladd, as next friend and legal guardian, v. Hond Motor Co. Ltd., et al., and Erby L. Givens,
01A01-9503-CV-00091
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Thomas Goodall

This appeal involves a twelve-year-old boy who became paralyzed when he lost control of an all-terrain vehicle and crashed into a utility pole. The boy sued the manufacturer of the all-terrain vehicle in the Circuit Court for Sumner County, alleging that its advertisements falsely and misleadingly depicted all-terrain vehicles as safe enough to be operated by children. The jury returned a verdict for the manufacturer following a lengthy trial, and the child and his mother appealed. We have determined that the trial court’s instructions did not fairly appraise the jury of the plaintiff’s theory of the case and that its supplemental instructions confused the jury about the significance of their verdict. Therefore, we reverse the judgment and remand the case for a new trial.

Sumner County Court of Appeals 08/07/96
Lisa Griggs, v. James P. Mixon, Jimmy R. Worsham, Gene Barksdale, Sheriff of Shelby County, Tennessee, and Shelby County, Tennessee
02A01-9504-CV-00087
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Kay S. Robilio

This is a governmental tort liability case arising out of an automobile collision. Defendants, James P. Mixon; Gene Barksdale, Sheriff of Shelby County, Tennessee, and Shelby County, Tennessee, appeal from the judgment of the trial court awarding plaintiff, Lisa Griggs damages for personal injury. Under the Tennessee Governmental Tort Liability Act as it existed in 1985, governmental entities could not be tried by a jury, T.C.A. § 29-20-307. Subsequently, prior to the 1994 trial, the case was bifurcated to allow the nongovernmental defendant a jury trial. Thus, Worsham is not a party to this appeal.

Shelby County Court of Appeals 08/06/96
Robert P. Hoover and wife, Donna D. Hoover v. Metropolitan Board of Housing Appeals of the Metropolitan Government of Nashville and Davidson County, Tennessee
01A01-9602-CH-00085
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor C. Allen High

This suit was originated by a petition for certiorari to review the administrative order of the Metropolitan Board of Housing Code Appeals requiring the demolition of substandard improvements on six tracts belonging to Plaintiffs. The Trial Court reversed the order as to three of the tracts which are not involved in this appeal. The Trial Court affirmed the demolition order as to three of the tracts, and Plaintiffs appealed and have presented the issues for review in the following form:

Davidson County Court of Appeals 08/02/96
Jo Ann Beach Hedge, v. John Henry Hedge, III
01A01-9603-CH-00109
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Tom E. Gray

In this post-divorce action for modification of alimony the appellant asserts that the appellee failed to prove that she had experienced a material change of circumstances since the original award. We agree and reverse the order modifying the award.

Sumner County Court of Appeals 08/02/96
David Randall Safer, v. Micki Jo (O'Fiel) Safer
01A01-9601-CH-00018
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Tom E. Gray

Petitioner, David Randall Safer, and respondent, Micki Jo O'Fiel Safer, divorced in January 1994 after eleven years of marriage. The court granted respondent the divorce on the ground of irreconcilable differences. The parties had entered into a Marital Dissolution Agreement ("MDA") which the Final Decree of Divorce incorporated. The MDA provided that petitioner and respondent would have joint custody of their two minor children, Joseph ("Tyler") age five and Samuel age two, and that the primary placement of the children would be with respondent.

Sumner County Court of Appeals 08/02/96
Honorable Hamilton v. Gayden, Jr., Judge
01A01-9604-CV-00144
Authoring Judge:
Trial Court Judge: Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 07/31/96
01A01-9511-CV-00529
Authoring Judge:
Trial Court Judge: Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 07/31/96
With Regard To The Defense Asserted In The Motion. Byrd v. Hall, 847 S.W.2D 208,
01A01-9604-CV-00144
Authoring Judge:
Trial Court Judge:
Bradley County Court of Appeals 07/31/96
01A01-9602-CV-00059
Authoring Judge:
Trial Court Judge: Muriel Robinson
Davidson County Court of Appeals 07/31/96