COURT OF APPEALS OPINIONS

Steve Rogers v. State
M2003-00215-COA-R3-CV
Authoring Judge: Judge William B. Cain
Plaintiff appeals dismissal by the Tennessee Claims Commission of his claim against the State of Tennessee resulting from an alleged assault and battery by a Tennessee State Trooper in the State Capital Building. The Claims Commission dismissed the claim for lack of subject matter jurisdiction, and we affirm the action of the Claims Commission.

W2002-02633-COA-R9-CV
W2002-02633-COA-R9-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Julian P. Guinn

William B. Tanner v. John W. Harris, Jr., Trustee
W2002-02634-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: D. J. Alissandratos

W2003-00697-COA-R3-CV
W2003-00697-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Roy B. Morgan, Jr.

Beverly Margaret Breckenridge v. Mary Loretta
W2003-00143-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Dewey C. Whitenton

W2003-00018-COA-R3-CV
W2003-00018-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: George R. Ellis

W2002-03053-COA-R3-CV
W2002-03053-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: J. Steven Stafford

Brenda King v. Danny King
M2002-01897-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Marietta M. Shipley
Former Husband sought to accelerate former Wife's repayment of alimony overpayments that accrued between the divorce and this court's modification of the original award of alimony. Former Husband argues the trial court abused its discretion when it did not establish a reasonable repayment plan. Because we find the trial court did not abuse its discretion in fashioning a repayment plan, we affirm the trial court.

Donald Freeman v. Lynn Freeman
M2002-02558-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Muriel Robinson
This appeal involves a former husband's attempt to modify or terminate an alimony award to his former wife because of a change of circumstances. Primarily, husband asserts that he is retired, and his income and assets have been drastically reduced to the extent that he is unable to pay the alimony awarded. Wife filed a petition to hold husband in contempt for his failure to pay the alimony installments accrued. After a non-jury hearing, the trial court dismissed husband's petition and granted wife's petition holding husband in civil contempt of court. Husband appeals. We affirm.

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

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.

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

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

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.

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.

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

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

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

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.

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

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

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.

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.

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.