COURT OF APPEALS OPINIONS

John M. Cannon, Grayson Smith Cannon, and Cannon, Cannon, & Cooper v. Susan Garner Abby, Davidson Circuit Rubenfeld, individually and D/B/A Rubenfeld & Associates
01A01-9505-CV-00195
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Walter C. Kurtz

The appellants are two lawyers who are defendants below in a malicious prosecution and abuse of process case. We granted their motion for an extraordinary appeal, to review the trial court's holding that the work product doctrine did not prevent the discovery of certain information generated in the prior case. We affirm the trial court's order

Davidson Court of Appeals

Lloyd Winfred Carden, Jr., v. Amy Malissa Carden
01A01-9502-CH-00042
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge John W. Rollins

This appeal involves the custody and support of two children under twelve years of age. Both parents sought a divorce and requested custody of the children. Following a bench trial, the Chancery Court for Coffee County granted the divorce to the father, awarded him custody of the children, and directed the mother to pay child support. Both parents have appealed. The mother takes issue with awarding custody to the father; while the father challenges the amount of the child support award. We have determined that the evidence does not preponderate against awarding custody of the children to the father but that the trial court should not have reduced the amount of the mother’s child support obligation by the mother’s cost of providing the children’s medical insurance. Accordingly, we affirm the judgment as modified and remand for further proceedings.

Coffee Court of Appeals

Ernest R. Fenn and wife, Patsy S. Fenn, v. Harry W. Miller, III, v. HIghland Credit Bureau, Inc., D/B/A Mid-State Credit Bureau
01A01-9503-CV-00100
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Walter C. Kurtz

This appeal involves the imposition of Tenn. R. Civ. P. 11 sanctions for inadequate pre-filing investigation in a malicious prosecution case. After the Fifth Circuit Court for Davidson County dismissed the plaintiffs’ claims against one of the defendants, the defendant sought sanctions against one of the plaintiffs’ lawyers. The trial court conducted an evidentiary hearing, found that the plaintiffs’ lawyer had failed to make an objectively reasonable factual and legal
inquiry before filing the complaint, and ordered the lawyer to pay the defendant $1,500. On this appeal, the plaintiffs’ lawyer challenges the legal and factual basis for the sanctions. We have determined that the record fully supports the trial court’s decision and also that this appeal is frivolous. Accordingly, we affirm and remand the case for the assessment of damages pursuant to Tenn. Code Ann. § 27-1-122 (1980).

Davidson Court of Appeals

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Hamilton Court of Appeals

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Knox Court of Appeals

03A01-9506-CV-00195
03A01-9506-CV-00195

Court of Appeals

03A01-9508-CH-00257
03A01-9508-CH-00257

Knox Court of Appeals

03A01-9508-CH-00258
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Knox Court of Appeals

George H. Richardson v. Joyce R. Richardson
01A01-9507-CH-00304
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Jim T. Hamilton

In this divorce action, plaintiff/appellant, George H. Richardson, appealed and presented three issues: (1) "Whether the trial court erred in failing to eliminate appellant's alimony obligation in the form of making the monthly mortgage payment on the marital residence occupied by appellee as well as paying appellee's car payments[,]" (2) "Whether the trial court erred in failing to relieve appellant of his obligation to pay for appellee's attorney's fees[,]" and (3) "Whether the trial court erred in failing to adopt appellant's proposed division of marital property."

Maury Court of Appeals

IN RE: Estate of Odell P. Bradley, Deceased; Edith Steward and Barbara Ramsey v. Christian F. Hofstetter Executor, et al. - Concurring
01A01-9411-PB-00553
Authoring Judge: Judge Hewitt Tomlin
Trial Court Judge: Judge Joe P. Binkley, Sr.

Contestants (“appellants”) have appealed from a dismissal of a will contest suit filed by them in the Davidson County Probate Court. Following  a bench trial, the Honorable Joe P. Binkley, Sr., Special Judge, found that no proof had been presented to establish that the decedent was unduly influenced or that he was of unsound mind, and that the will was in fact his proper Last Will and Testament. The contestants' complaint was  dismissed. One of the contestants below has appealed pro se. Appellant's brief fails to comply with T.R.A.P. 27(a) in several ways, one of them being an absence of the statement of the issues. In order to properly dispose of this case, we conclude that the issue presented is whether the evidence preponderates against the judgment of the trial court. We find that it does not and affirm.

Davidson Court of Appeals

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Hawkins Court of Appeals

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Hawkins Court of Appeals

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Hamilton Court of Appeals

Warren Hinckley v. Tummel & Carroll, a Professional Partnership, Harold K. Tummel, Individually, Kenneth S. Carroll, Individually, and Ray L. Rhymes, Individually
01A01-9504-CV-00174
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Leonard W. Martin

Plaintiff, a resident of Texas sued defendants, residents of Texas, for legal malpractice by failing to timely file a claim against the State of Tennessee for damages allegedly incurred in Dickson County, Tennessee. The Trial Court sustained defendants' motion to dismiss on grounds of lack of personal jurisdiction and improper venue.

Dickson Court of Appeals

Frank Rudy Heirs Associates v. Moore and Associates, Inc., Leon Moore, and Sholodge Inc. - Concurring
01-A-01-9505-CH-00219
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor C. Allen High

The general partner in a hotel-keeping operation refused to make distributions to the limited partner from the revenues of the venture. The limited partner filed suit against the general partner for breach of contract and breach of fiduciary duty. The trial court found that the general partner had breached the partnership agreement, and rendered a partial summary judgment, ordering an immediate distribution to both partners of over $680,000. We affirm.

Davidson Court of Appeals

Jerry Bain and wife Sue Bain, v. Dr. Wayne Wells, National Medical Enterprises, Inc., New Beginnings Center, University Medical Center and National Recovery Centers of America
01A01-9503-CV-00120
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Bobby H. Capers

The captioned defendant, Dr. Wayne Wells, was dismissed by nonsuit and is not involved in this appeal. The remaining defendants have been granted interlocutory appeal from the order of the Trial Judge overruling their motion for summary judgment.

Wilson Court of Appeals

02A01-9312-BC-00267
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Court of Appeals

02A01-9405-CV-00106
02A01-9405-CV-00106
Trial Court Judge: James E. Swearengen

Shelby Court of Appeals

02A01-9411-PB-00250
02A01-9411-PB-00250
Trial Court Judge: Leonard D. Pierotti

Shelby Court of Appeals

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