COURT OF APPEALS OPINIONS

Mary S. Fendley v. Mart G. Fendley
01A01-9509-CH-00418
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Thomas E. Gray

This appeal involves the classification of property in a divorce case. The wife filed for divorce in the Chancery Court for Montgomery County after seventeen years of marriage. Following a bench trial, the trial court declared the parties divorced and awarded the wife custody of the four minor children. In its division of the parties’ property, the trial court classified the parties’ home as marital property and awarded it to the wife but classified the household furniture, funds inherited by the wife, and a limited partnership interest in an athletic club as the wife’s separate property. The husband takes issue on this appeal with the allocation of the responsibility for the debt on the home, the classification of separate property, and the overall distribution of the marital estate. We have determined that the trial court should have allocated the debt secured by the home to the wife and that the trial court correctly classified the disputed assets and equitably distributed the marital estate.

William Jones v. Jeff Reynolds, Commissioner, Tennessee Department of Correction - Concurring
01A01-9510-CH-00484
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor C. Allen High

This is the second appeal concerning a dispute between a prisoner and the Department of Correction over the calculation of the prisoner’s sentence reduction credits. After the Department summarily denied his second request for recalculation of his sentence credits, the prisoner filed a petition for declaratory judgment in the Chancery Court for Davidson County asserting that the Department had miscalculated his sentence credits. The trial court granted the Department’s motion for summary judgment, and the prisoner again appealed to this court. We have determined that the summary judgment dismissing the prisoner’s ex post facto claims should be affirmed but that the summary judgment dismissing the remaining claims must again be vacated.

Anthony P. Guiliano v. Cleo Inc. - Concurring
02A01-9608-CV-00201
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge James E. Swearengen

This is a breach of an employment contract case. Defendant, Cleo, Inc. (Cleo), appeals the order of the trial court granting summary judgment in favor of plaintiff, Anthony P. Guiliano (Guiliano).

Lorraine Burton Spears Marcus vs. Trent Wright Marcus - Concurring
02A01-9611-CH-00278
Authoring Judge: Judge William H. Inman
Trial Court Judge: Chancellor Floyd Peete

This case is a procedural quagmire. The dispositive issue on appeal, though not of the merits, of the case, is whether the Chancellor was correct in declining to assume jurisdiction of it.

Wilson vs. Wilson
03A01-9610-CH-00322

Flanagan vs. Flanagan
03A01-9612-GS-00404

Jere Rogers, et ux vs. Mark Davis, et al
02A01-9610-CH-00258
Trial Court Judge: Homer W. Bradberry

Robert & Frances Pilgrim vs. Edward Frazier
02A01-9611-CV-00294
Trial Court Judge: Joe G. Riley. Jr.

Emma Crowe vs. James Craig, et al
02A01-9612-CV-00297
Trial Court Judge: Whit A. Lafon

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

Cinda Kay Cantrell vs. James Clarence Cantrell & Marie Loya
01A01-9603-CV-00091
Trial Court Judge: Marietta M. Shipley

James Thigpen vs. First City Bank
01A01-9603-CV-00095
Trial Court Judge: Don R. Ash

Cannon vs. Cannon
03A01-9702-CV-00059

Shava Lynn Kendrick vs. Larry Bert Kendrick
M2004-00540-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Leonard W. Martin
This case involves a father's efforts to protect his children from their mother's sexually abusive relatives. When the mother filed for divorce in the Chancery Court for Houston County, she also filed a notice of intent to relocate with the children to the State of New York to be closer to her family, including a stepfather who had sexually abused and raped her when she was a child. Following a bench trial, the trial court declared the parties divorced, designated the mother as the primary residential parent, and permitted the mother to move to the State of New York with the parties' children. The father has appealed, arguing first that the trial court's custody and relocation decisions have exposed the children to an unreasonable risk of sexual abuse and second, that the trial court erred by refusing to designate which of the parties should be permitted to claim the children as tax exemptions. We have determined that the trial court erred by allowing the mother and the children to move to the State of New York without sufficient proof regarding their safety. We have also concluded that the court erred by refusing to address the parties' tax exemption issues.

Diane Watters vs. William Watters & General Mills
02A01-9511-CH-00254
Trial Court Judge: Floyd Peete, Jr.

Gerald White/White Trucking vs. Aquarius Industries, Inc.
02A01-9605-CV-00129
Trial Court Judge: Mcginley

Albert Milam/Tina Milam vs. Franklin Wilson
02A01-9607-CV-00167

Nickolas Price, et al vs. Christian Price
02A01-9609-CH-00228
Trial Court Judge: Floyd Peete, Jr.

Bobbie & Willie Byrd vs. First Tennessee Bank
02A01-9610-CV-00252

02A01-9508-CV-00176
02A01-9508-CV-00176
Trial Court Judge: Dick Jerman, Jr.

John Wolfe vs. First American Corp.
02A01-9510-CV-00212
Trial Court Judge: Whit A. Lafon

Mattie Bedford vs. Margaret Culpepper, et al
02A01-9604-CH-00085
Trial Court Judge: C. Neal Small

Robins vs. Flagship Airlines, Inc. & AMR Corp
01A01-9612-CV-00550
Trial Court Judge: Walter C. Kurtz

State Farm Ins. vs. Gill
01A01-9701-CV-00010
Trial Court Judge: Tyrus H. Cobb

Turtle Creek Apts. vs. Polk
01A01-9608-CV-00382
Trial Court Judge: Walter C. Kurtz