COURT OF APPEALS OPINIONS

W2003-01162-COA-R9-CV
W2003-01162-COA-R9-CV
Trial Court Judge: John R. Mccarroll, Jr.

Charles Larry Honeycutt v. Ann Marie Migliaccio
W2003-00233-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Arnold B. Goldin

Cynthia Faye Davis v. Terry Reggie Davis
W2002-02998-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: George R. Ellis

Estelle Frame vs. Kenneth Frame Jr.
W2002-00490-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Robert L. Childers
This is a father's appeal of an order which, inter alia, increased a child support obligation based upon the finding of willful and voluntary unemployment. On mother's motion, the appeal is dismissed for failure to timely file a notice of appeal pursuant to Tenn. R. App. P. 4.

Dept. Children Serv. vs. Ericka Everson
W2002-01085-COA-R3-JV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Charles V. Moore
This case involves the termination of parental rights. The two children lived with their single mother in Arkansas. The mother and children stayed temporarily with the children's grandfather in Arkansas, who sexually abused one of the children. After the grandfather threatened the mother, she and the children went to Tennessee and stayed with the children's grandmother. The mother went back to Arkansas and left the children with the grandmother in Tennessee. The grandmother repeatedly sought medical attention for one of the children. A physician determined that the child was a victim of Manchausen Syndrome by Proxy, a form of child abuse in which the caretaker exaggerates or secretly induces symptoms of illness in the victim and then seeks medical attention for the victim's "illness." Both children were taken into custody by the Tennessee Department of Children's Services. A permanency plan was designed for the children's mother. The mother failed to comply with the permanency plan, provide support for the children, or visit the children on a regular basis. In addition, she abducted the children from foster care and would not protect them from the abusive grandmother. The State filed a petition to terminate the mother's parental rights. The trial court granted the petition, and the mother appeals. We affirm, finding that termination of the mother's parental rights was warranted on several grounds and that termination was in the children's best interest.

W2002-02221-COA-R3-CV
W2002-02221-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby

Ursula Wimpee v. Grange Mutual Casualty Company
W2002-02795-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: John R. Mccarroll, Jr.

W2002-01945-COA-R3-CV
W2002-01945-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Walter L. Evans

Leslie M. Buchholz v. Tennessee Farmers Life
W2002-02989-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Joe C. Morris

Kassandra Greene vs. Tarry Greene
E2002-02611-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: L. Marie Williams
The Trial Court granted divorce, divided the marital assets, and assigned debts. The husband has appealed. We affirm.

E2002-02809-COA-R3-CV
E2002-02809-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: John F. Weaver

Marion Mitchell v. Patricia Mitchell
E2002-03030-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: William E. Lantrip
This is a post-divorce proceeding. Patricia Mitchell ("Wife") filed a petition seeking to modify the parties' previously-modified judgment of divorce. She alleged a change of circumstances and sought "an increased alimony award." Some 23 months later, and at a regularly scheduled hearing on the merits, the trial court denied Wife's motion for a continuance and dismissed her petition against Marion Mitchell ("Husband"). The trial court subsequently denied Wife's motion to reconsider. Wife appeals, asserting that the trial court erred in failing to grant her motion for continuance and in failing to reconsider that decision. We affirm.

W2002-02672-COA-R3-JV
W2002-02672-COA-R3-JV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Sam C. Nailling

Wanda Hobson v. The Metropolitan Government of Nashville and Davidson County, Tennessee
M2002-02512-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Barbara N. Haynes

Plaintiff initiated this action alleging breach of contract, interference with contractual relations, and pursuant to the Governmental Tort Liability Act. The trial court dismissed the action for failure to state a claim. We affirm.

Shirley P. Secrest v. Tera C. Haynes, et al.
M2002-01895-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Judge F. Lee Russell

The appeal involves a claim for property damages by Shirley Secrest ("Secrest" or "Plaintiff") against Kenneth Smith and Tera Haynes, who were driving separate vehicles involved in a multi-vehicle accident with a vehicle owned by Plaintiff. After a trial, the Trial Court concluded that while the driver of Plaintiff's vehicle was not at fault and that either one or both of the Defendants were at fault, the complaint nevertheless should be dismissed because: (1) Plaintiff failed to prove by a preponderance of the evidence that Kenneth Smith was negligent; and (2) Plaintiff failed to prove by a preponderance of the evidence that Tera Haynes was negligent. Plaintiff appeals, claiming the Trial Court was required to allocate fault to Smith and/or Haynes once it concluded that Plaintiff was not at fault and either one or both of the Defendants were at fault. We affirm.

Alexander C. Wells v. James Hefner, et al.
M2002-02502-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Barbara N. Haynes

Plaintiff filed a cause of action against several state employees for malicious prosecution. The trial court dismissed the action for lack of subject matter jurisdiction. We reverse.

Sharron Johnson et al., Rodney Lockhart
M2002-00623-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge C. L. Rogers

Sharron Johnson brought suit against her former husband, Rodney Lockhart, alleging breach of an oral contract to pay equal shares of the college expenses for their son, Paul G. Lockhart. The Circuit Court of Sumner County entered judgment for Ms. Johnson, and Mr. Lockhart appeals. We affirm the judgment of the trial court.

John McConkey v. State of Tennessee
M2002-02671-COA-R12-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Commissioner W.R. Baker

John McConkey ("Plaintiff") had a vasectomy performed by a state-employed doctor. Plaintiff experienced swelling and pain after the operation, which he claimed caused him to lose time at work and caused problems in his marriage. Plaintiff underwent two subsequent surgeries including the removal of his left testicle. Plaintiff brought this claim against the doctor who performed the vasectomy. Plaintiff had no expert witness at trial. After trial, the Claims Commission ("Commission") entered an order holding, inter alia, that Plaintiff did not carry his burden of proof to establish a res ipsa loquitur case. Plaintiff appeals. We affirm.

In the Matter of the Estate of Nola Layne Deskins, Nona Deskins Sanders, Lioubov V. Deskins, and Estate of Thomas A. Deskins, v. Randall Deskins and Thelma Deskins & Thelma Deskins
E2003-00427-COA-R3-CV
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Judge Jeffrey D. Rader

In this Estate dispute, the Trial Court dismissed claims of two claimants. We affirm, dismissal of claimant who died on grounds his Estate had no standing to proceed. We reinstate the action of the other claimant on grounds she is not estopped to maintain her action.

Angela Kamille Draper, as parent, survivor, and next friend of Bryanna Faith Draper, deceased v. State of Tennessee
E2002-02722-COA-R3-CV
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Commissioner Vance Cheek

In action against the State of Tennessee and a state employee, the Commissioner held he had no jurisdiction of the claims. On appeal, we affirm.

Linda Laws, Estate of Mary Eula Sloat, Deceased v. Water and Light Commission of Greeneville
E2002-01152-COA-R3-CV
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Ben K. Wexler

This appeal questions whether the Trial Court erred in its judgment against the Appellant/Defendant, Water and Light Commission of the Town of Greeneville, Tennessee, for personal injuries sustained by a Greeneville resident as a result of the smoking of sewer lines by the Appellant. We affirm This appeal questions whether the Trial Court erred in its judgment against the Appellant/Defendant, Water and Light Commission of the Town of Greeneville, Tennessee, for personal injuries sustained by a Greeneville resident as a result of the smoking of sewer lines by the Appellant. We affirm the judgment of the Trial Court.
 

Department of Children's Services v. C.L. & M.T.
M2001-02729-COA-R3-JV
Trial Court Judge: Andrei E. Lee
At issue in this appeal is the petition filed by the Department of Children's Services to terminate the parental rights of Mother and Father to nine of their children. After a trial, the trial court granted the petition to terminate the parental rights of Mother and Father based on abandonment, failure to comply with the Permanency Plans, and persistence of the conditions which led to the removal. Each parent independently appeals the decision of the trial court, arguing that there was not clear and convincing evidence to support the trial court's ruling. Because we find that grounds for termination were not proved as to either parent, we reverse the judgment terminating Father's and Mother's parental rights.

M2002-02661-COA-R3-CV
M2002-02661-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Irvin H. Kilcrease, Jr.

In Re: The Estate of Merle Halliburton Neal Myers v. Farmers & Merchants Bank Corp., Inc. Brooksie Byers, Douglas Myers, James Myers
M2002-00888-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Robert E. Burch

After the death of their elderly mother, her sons discovered that the decedent's stepson and his wife had used a power of attorney to transfer the funds from the decedent's $20,000 CD to themselves. The decedent's son filed a petition to have the money restored to her estate. The trial court held that the CD was a valid inter vivos gift from the decedent. We reverse, because there is no evidence in the record that such a gift was ever made.

Barbara Lee Bunce Kerce v. Stephen Paul Kerce
M2002-01744-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Lee Russell
The appellant Stephen Paul Kerce challenges the divorce decree entered in Moore County Circuit Court, alleging that the court erred in its valuation and distribution of the marital estate. We affirm.