Court of Appeals Opinions

Format: 11/24/2014
Format: 11/24/2014
02A01-9409-CH-00221
Authoring Judge:
Trial Court Judge:
Shelby County Court of Appeals 07/10/96
01A01-9510-CH-00458
Authoring Judge:
Trial Court Judge: Tom E. Gray
Sumner County Court of Appeals 07/10/96
01A01-9601-CH-00039
Authoring Judge:
Trial Court Judge: Cornelia A. Clark
Hickman County Court of Appeals 07/10/96
01A01-9511-CV-00527
Authoring Judge:
Trial Court Judge: Walter C. Kurtz
Davidson County Court of Appeals 07/10/96
Byrd v. Hall, (Tenn.1995), 847 Sw2D, 213, "A Conclusory Assertion That The Non-Moving
01A01-9502-CV-00045
Authoring Judge:
Trial Court Judge:
Putnam County Court of Appeals 07/10/96
01A01-9502-CV-00045
Authoring Judge:
Trial Court Judge: Vernon Neal
Putnam County Court of Appeals 07/10/96
Scott McCluen v. The Roane County Times, Inc., D/B/A The Standard and Gerald Largen
03A01-9512-CV-00434
Authoring Judge: Presiding Judge Houston P. Goddard
Trial Court Judge: Judge John B. Hagler

This is a suit by Scott McCluen, County Attorney for Roane County, against The Roane County Times, Inc., D/B/A The Standard, and its owner and publisher Gerald Largen, seeking damages for libel incident to two separate publications in The Standard.

Roane County Court of Appeals 07/09/96
State of Tennessee v. Chris Ramey - Concurring
03C01-9509-CC-00285
Authoring Judge: Judge Paul G. Summers
Trial Court Judge: Judge Rex Henry Ogle

I agree that the trial court's judgment should be affirmed. I join in Judge Tipton's concurring opinion because I believe that this record is adequate for our full appellate review. I am of the opinion that the procedures outlined in State v. Winsett, 882 S.W.2d 806 (Tenn. Crim. App. 1993) have been followed.

Sevier County Court of Appeals 07/09/96
Linda Ann Carlton, v. James Thomas Carlton
02A01-9503-CH-00050
Authoring Judge: Senior Judge Tomlin
Trial Court Judge: Judge George R. Ellis

This current litigation is what we shall call economic fallout from an earlier domestic relations case. Linda Ann Carlton (“plaintiff”) filed suit for divorce in 1990 from James Thomas Carlton (“defendant”) in the Chancery Court of Haywood County. In October 1991, the chancellor granted plaintiff a divorce from defendant on the grounds of cruel and inhuman treatment, awarded joint custody of the parties’ 28 year-old handicapped daughter, Donna, with the principal place of residence with plaintiff, divided the parties’ marital property, and awarded rehabilitative alimony and attorney’s fees to plaintiff. Defendant appealed to this court. The primary issues presented on appeal related to the custody of the parties’ daughter, the division of marital property, and the award of rehabilitative alimony and attorney’s fees to plaintiff. The record reflects that the marital property was valued in excess of two million dollars ($2,000,000), with defendant and plaintiff receiving slightly over one million dollars ($1,000,000) each as a result of the chancellor’s decree.

Court of Appeals 07/09/96
James E. Simons, and wife Margaret B. Simons, v. Herbert H. Replogle, Jr.
02A01-9512-CH-00272
Authoring Judge: Senior Judge Hewitt P. Tomlin
Trial Court Judge: Chancellor Joe C. Morris

James E. Simons and Margaret B. Simons (“plaintiffs”) filed suit in the Chancery Court of Madison County against Herbert H. Replogle, Jr. (“defendant”) for the purpose of establishing a common boundary line between the parties. Following a bench trial the chancellor established the parties’ common boundary line based on the calls in defendant’s deed. On appeal plaintiffs have presented one issue for our review: whether the evidence preponderates against the chancellor’s finding. In our opinion, the chancellor did err and we accordingly reverse.

Madison County Court of Appeals 07/08/96
Robert Dale Cobb, v. Douglas R. Beier - Dissenting
03A01-9602-CV-00051
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge John K. Wilson

While I concede tha the majority opinion is technically correct and the reasoning employed comports with previous case law, I observe that this Court, or at least this member of this Court, has routinely overruled such motions when the only defect as to the serviceof thenotice of appeal is failure to file a copy with the Clerk of this Court.

 

Court of Appeals 07/03/96
Robert Dale Cobb, v. Douglas R. Beier
03A01-9602-CV-00051
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge John K. Wilson

The determinative issue on appeal is whether the appeals should be dismissed because the appellant did not file notice of the appeal with the clerk of the appellant court designated in the notice of appeal.

Hamblen County Court of Appeals 07/03/96
Ernest White Patton, III, v. Linda Harvey Patton
03A01-9601-CH-00001
Authoring Judge: Presiding Judge Herschel Pickens Franks
Trial Court Judge: Chancellor R. Van Owens

In this divorce action, the husband appeals from the Trial Court's determination of the classificatin of property as marital property and the division of the marital estate.

Court of Appeals 07/03/96
Robert Dale Cobb v. Douglas R. Beier - Concurring
03A01-9602-CV-00051
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Judge John K. Wilson

The determinative issue on appeal is whether the appeal should be dismissed because the appellant did not file notice of the appeal with the clerk of the appellate court designated in the notice of appeal.

Hamblen County Court of Appeals 07/03/96