COURT OF APPEALS OPINIONS

Rex M. Massengale, Sr., v. Audrey L. Massengale
03A01-9503-CV-00086
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Robert M. Summitt

This is a post-divorce proceeding involving the custody of the parties' one minor child, Rex M. Massengale, Jr., whose date of birth is September 20, 1985. The parties were divorced by the "Final Judgment and Decree" of the Dade County, Georgia, Superior Court entered on October 19, 1993. That document approved and adopted the parties' agreement that the child's custody should be vested with his mother, Audrey L. Williamson1 (Mother2). The instant controversy was initiated by the child's father, Rex M. Massengale, Sr. (Father), on November 16, 1994, not quite 13 months after the divorce, when he filed a petition to change the child's custody. After a bench trial, the trial court dismissed the Father's petition. Father appeals, raising two issues:

Matthew E. Rader, et al., v. Clarence McDowell, et al.
03A01-9506-CV-00191
Authoring Judge: Senior Judge Clifford E. Sanders
Trial Court Judge: Judge Dale C. Workman

The Appellant has appealed from a judgment denying its "Application for Execution." We affirm.

Alfred Carroll Jones and Betty Jones, v. City of Johnson City, Tennessee
03A01-9506-CV-00196
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Lewis W. May

This suit was brought against the City of Johnson City(Johnson City) pursuant to the Tennessee Governmental Tort Liability Act (GTLA), T.C.A. § 29-20-101, et seq. The plaintiff, 1 The wife's claim was for loss of services, companionship, consortium, etc. 2 Alfred Carroll Jones (Jones), was injured while working at the Towne Acres Elementary School, a facility owned and operated by Johnson City. At the time of the injury, the school was closed while an addition was being built to the existing structure. The trial court granted Johnson City's motion for summary judgment, holding that Jones expressly assumed the risk of his injury and "as a matter of law that [Johnson City] owed no legal duty to" Jones based on the undisputed facts. Jones and his wife, the
plaintiff Betty Jones1, appeal, raising the following issues:

Eddie Williams, Jr. v. Tennessee Department of Correction
02A01-9503-CV-00046
Authoring Judge: Presiding Judge Hewitt P. Tomlin
Trial Court Judge: Judge Joseph H. Walker

Eddie Wililams, Jr. ("petitioner") filed a pro se Petition for Writ of Certiorari in the Circuit Court of Laderdale County against the Tennessee Department of Correction ("TDOC" or respondent"), seeking court review of actions taken by a prison disciplinary board, prison warden, and the department commissioner. Due process violations resulting therefrom were also alleged. The trial court granted summary judgment to respondent and petitioner has appealed. On appeal, a single issue was presented for review: whether the trial court erred in granting summary judgment. For the reasons stated hereinafter, we reverse the judgment of the trial court.

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

03A01-9506-CH-00190
03A01-9506-CH-00190

03A01-9506-CH-00207
03A01-9506-CH-00207

03A01-9506-CV-00199
03A01-9506-CV-00199

03A01-9505-CV-00145
03A01-9505-CV-00145

Frank Bell, v. Christine Bradley, et al.
01A01-9506-CH-00273
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Robert S. Brandt

This is an appeal by petitioner, Frank Bell, from the chancellor's judgment dismissing Mr. Bell's petition for writ of certiorari. The chancellor dismissed the petition on the ground that it "was not timely filed."

Kathy Gale (Phillips) Bennett, v. William Thomas Bennett
01A01-9501-GS-00006
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Robert P. Hamilton

This case involves a divorce ending a marriage of short duration. The General Sessions Court of Lebanon, Tennessee granted the divorce to both parties, dividing the marital property between them, and ordering the husband to pay $100 per month in rehabilitative alimony for fourteen years. The husband appealed, arguing that the trial court erred in dissolving the parties' marriage without reference to fault, in its division of marital property, and in ordering the payment of alimony. The wife appealed the trial court's refusal to grant her claim for attorney fees.

03A01-9506-CH-00173
03A01-9506-CH-00173

First American National Bank, v. J.M.D. Bransford
01A01-9503-CH-00109
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Robert S. Brandt

This is an appeal by defendant, J.M.D. Bransford, from the trial court's granting of the motion for summary judgment of plaintiff, First American National Bank (Bank), and resulting judgment in the bank's favor on a promissory note made by defendant Bransford as a co-maker.

Stephen Patterson vs. Susan Patterson
W1999-01544-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Walter L. Evans

Casa Juvenile Services Association, Inc. and Tennessee Department of Human Services v. Loretta NMN Phillips Arrietta and Florencia Arrietta Salgado, in re Dustin Matthew Arrietta
03A01-9503-JV-00099
Authoring Judge: Presiding Judge Houston P. Goddard
Trial Court Judge: Judge Mindy Norton Seals

Loretta Phillips Arrietta, mother of Dustin Matthew Arrietta, appeals a judgment of the Juvenile Court for Hamblen County which terminated her parental rights.

Janis Oliver-Gill v. Jerry T. Krohn
M2001-02327-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Robert E. Lee Davies
This appeal involves a suit brought by the buyer of certain real property against the builder and seller of that home seeking damages for, inter alia, negligent construction. From a jury verdict rendered in favor of the defendant, the plaintiff appeals. We affirm.

Debord vs. Bledsoe
03A01-9801-CH-00009

Patrick McCollum v. Dan Huffstutter
M2002-00051-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Hamilton V. Gayden, Jr.
This is an appeal from a Judgment on a jury verdict for Plaintiff. Plaintiff sued Defendant on grounds of trespass, abuse of process, and outrageous conduct arising from Defendant's attempt to serve a writ of possession at Plaintiff's place of business. A jury found for Plaintiff on all grounds. Defendant appeals, alleging seven grounds for reversal: (1) The Trial Court erred in not dismissing the complaint on the grounds of an executed Settlement Agreement and Full Release of All Claims; (2) The Trial Court erred in failing to grant a new trial on the grounds of newly discovered evidence; (3) The Trial Court erred in not granting Defendant's Motion for Summary Judgment, and in failing to grant the Defendant's Motion for Directed Verdict; (4) The jury verdict should be set aside and the complaint dismissed on the grounds of an oral agreement not to file civil proceedings; (5) The Trial Court erred in failing to give the special instructions requested by the Defendant; (6) The Trial Court erred in not granting a new trial on the grounds of improper conduct by counsel for the Plaintiff; (7) The verdict and remittitur were excessive and given under the influence of passion and prejudice. We affirm.

03A01-9703-CV-00071
03A01-9703-CV-00071

01A01-9502-CV-00031
01A01-9502-CV-00031
Trial Court Judge: Thomas W. Brothers

Laura Coffey, et al vs. Cherokee Aviation, Inc.
E1999-01037-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Harold Wimberly
This is an appeal from a jury verdict finding Cherokee Aviation, Inc. not liable for the deaths of Steven Coffey and Peggy Cowan in a plane crash. Laura Coffey and Peter Cowan, the surviving spouses of the deceased, moved for a new trial on the basis of certain testimony which was admitted or denied admission by the Circuit Court during trial. The Circuit Court denied the motion for a new trial and this appeal ensued. We affirm.

Janet Posner vs. Alan Posner
02A01-9710-CV-00249
Trial Court Judge: James F. Russell

Varner vs. Perryman
03A01-9706-CV-00238

01A01-9512-BC-00556
01A01-9512-BC-00556

01A01-9512-BC-00556
01A01-9512-BC-00556