Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 07/29/2014
Format: 07/29/2014
State of Tennessee, Ex. Rel., v. Brook Thompson, Riley Darnell, Charles Burson, Don Sundquist, and Penny White
01S01-9605-CH-00106

These consolidated cases arise from the efforts of appellants, Lewis Laska and John Jay Hooker, to have their names placed on the ballot for the August 1, 1996, statewide election to the office of Supreme Court  Justice. The deadline for filing nominating petitions for this election was 12:00 noon on May 16, 1996, in accordance with T.C.A. § 2-5-101.

Davidson County Supreme Court 10/02/96
Victoria Angozi Anene v. John N. Namdi Anene
03A01-9511-CV-00387

The Defendant, John Namdi Anene appeals a judgment of the Circuit Court of Hamilton County granting Victoria Ngozi Anene's petition for divorce and awarding her custody of their three minor children. Mr. Anene raises five issues on appeal, two of which are jurisdictional. (See appendix.) As to the jurisdictional issues, we find that the Circuit Court of Hamilton was correct in assuming jurisdiction to hear both the divorce and custody issues. We find the remainint issues to be without merit.

 

Hamilton County Court of Appeals 10/02/96
Richard Briggs and Stephanie R. Briggs, v. Riversound Limited Partnership, William S. Nix, D/B/A WEN Enterprises, General Partner, and Daryl Wagner
03A01-9603-CV-00115

The single issue in this case is whether a remote purchaser of a home may maintain a negligence action against the builder of the home despite a lack of contractual privity. The trial court granted summary judgment in favor of the defendant and this appeal resulted. We reverse the judgment of the trial court.

Knox County 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

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
Mark McCain v. Airport Honda and Bob Rutherford
03A01- 9603- CV- 00099

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
William A. Winningham Executor of the Estate of Alston Winningham v. Tammy K. Winningham - Concurring
03A01-9604-PB-00152

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
State of Tennessee, v. Brian K. Collins
03C01-9510-CC-00305

The defendant, Brian K. Collins, was convicted of violating a habitual traffic offender order, violation of registration, and evading arrest. He was sentenced as a range one offender to two years for violating the order, thirty days for violation of registration, and eleven months and twenty nine days for evading arrest, all to be served concurrently. This is his appeal of right.

Sullivan County Court of Appeals 10/01/96
State of Tennessee, v. John Russell Turner
03C01-9510-CC-00321

The appellant, John Russell Turner, appeals from his conviction by a jury for driving under the influence of an intoxicant. The Circuit Court of Blount County sentenced the appellant to eleven months and twenty-nine days incarceration in the county jail and suspended all but five days. On appeal, the appellant contends that the evidence adduced at trial is insufficient to support a conviction, because the State failed to prove that he intended to operate a vehicle.

Blount County Court of Appeals 10/01/96
State of Tennessee v. John Russell Turner
03C01-9510-CC-00321

The appellant, John Russell Turner, appeals from his conviction by a juryfor driving under the influence of an intoxicant. The Circuit Court of Blount County sentenced the appellant to eleven months and twenty-nine days incarceration in the county jail and suspended all but five days. On appeal, theappellant contends that the evidence adduced at trial is insufficient to support a conviction, because the State failed to prove that he intended to operate a vehicle.

Blount County Court of Appeals 10/01/96
Arthur Blair v. Marilyn Badenhope - Concurring
03A01- 9604- CH- 00128

Joy Badenhope is the child of Susan Badenhope and Arthur Blair.  Susan Badenhope, a resident of North Carolina, died when the child was less than one year old.  After her death, Joy began residing with her maternal grandmother, Marilyn Badenhope, in Tennessee.  The grandmother was granted custody by a North Carolina court in an action for custody she filed some two months after the mother's death.  The father soon thereafter moved to Tennessee and filed an action in Tennessee to increase visitation and attain custody.

Greene County Court of Appeals 10/01/96
Faye Louise Taylor Chadwell, v. Albert Chadwell and Consolidation Coal Company
03A01-9601-GS-00007

In this post-divorce proceeding, the Chancellor found that certain assets owned by Albert Chadwell at the time of the parties' divorce were marital assets and that his former wife, Fay Louise Taylor Chadwell, was entitled to a judgment against him of $94,320, which included the interest from the date of the divorce. The Chancellor also impressed a lien against certain real estate originally owned by Mr. Chadwell, who later purported to transfer an interest to his present wife. Both the real estate and the home Mr. Chadwell erected thereon were paid for in part with the assets in dispute in this appeal.

Campbell County Court of Appeals 10/01/96
Debra Jewell Young Ford v. Dennis Clifford Ford
03A01-9606-CH-00197

This appeal arises from the judgment of the trial court which, among other things, awarded a divorce to the defendant, provided for custody of the parties' minor children and made a division of the marital estate. We affirm the judgment of the trial court.

Court of Appeals 10/01/96
Fred Johns, Administrator of The Estate of Sue Eva Johns, v. Takoma Adventist Hospital
03A01-9604-CV-00130

In this action for damages for personal injuries to the deceased, the complaint alleged the deceased was placed in a room while in defendant hospital, and on April 18, 1991, she ws found lying on the floor with injuries about her head and face. It was further alleged that it was not learned until wll after her death, in conversation with the physicians of the plaintiff decedent, that the decedent more likely would have survived for many years had she not fallen...

Greene County Court of Appeals 10/01/96
Susan Renee Wright Williamson v. John Houston Williamson
03A01-9602-DR-00073

In this divorce action the Trial Court awarded to each party an absolute divorce from the other on the grounds of  inappropriate marital conduct. The Court awarded the custody of the parties' two minor children to the mother, ordered the father to pay child support and based upo the guidelihes, and in dividing the parties' marital estate  concluded that their home was a gift from the husband's paretns to him alone, and therefore separate property. From this latter determination, the wife has appealed.

 

Court of Appeals 10/01/96
Florine Vandyke v. Plumley Rubber Company and Liberty Mutual Insurance Co.
02S01-9604-CV-00039
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 5-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer, Plumley Rubber Company and the insurance carrier, Liberty Mutual, contend the trial court erred in granting judgment for medical expenses to the employee after they had been paid by the employee's health plan. The panel agrees and reverses the judgment of the trial court. It was stipulated that the employee's total medical expenses totaled $22,278.55. It was further stipulated that the Plaintiff had paid prior to trial $669.29 in out-of-pocket medical expenses. Her remaining medical expenses were paid by Plumley through its group health care plan. The insurance company paid the remainder. The parties further stipulated that Plumley's group health insurance plan did not contain a specific set-off clause for workers' compensation benefits. Plumley is self-insured for group health benefits. This panel holds that under T.C.A. _ 5-6-24 that the employer is responsible for payment of medical expenses and that the employee is not entitled to a judgment against the employer for medical bills which have already been paid. This panel holds that this case is controlled by Bituminous Casualty Corp. v. Smith, 288 S.W.2d, 913, 916 (Tenn. 1956). The judgment of the trial court is reversed and remanded for appropriate action under this decision. The costs are taxed to the Plaintiff/Appellee.
Henry County Workers Compensation Panel 10/01/96
Cooksey vs. Shelley
01A01-9708-CV-00378
Wilson County Court of Appeals 09/30/96
01C01-9506-CR-00184
Davidson County Court of Criminal Appeals 09/30/96
01C01-9507-CC-00242
Coffee County Court of Criminal Appeals 09/30/96
01C01-9507-CC-00242
Coffee County Court of Criminal Appeals 09/30/96
01C01-9510-CC-00342
Coffee County Court of Criminal Appeals 09/30/96
01C01-9510-CC-00342
Coffee County Court of Criminal Appeals 09/30/96
01C01-9512-CC-00420
Hickman County Court of Criminal Appeals 09/30/96
01C01-9512-CC-00420
Hickman County Court of Criminal Appeals 09/30/96
01C01-9512-CR-00399
Sumner County Court of Criminal Appeals 09/30/96
01C01-9512-CR-00399
Sumner County Court of Criminal Appeals 09/30/96