COURT OF APPEALS OPINIONS

Lisa Davis v. Charles Jensen
M2001-00973-COA-R3-CV
Trial Court Judge: Alfred L. Nations
Appellant, an incarcerated prisoner in the Department of Corrections of California, appeals the action of the Juvenile Court of Williamson County in terminating his parental rights to his biological child. He refused to participate in the termination hearing by means of telephonic communication as authorized by the trial court demanding, instead, that the trial court either continue the case until after his release from confinement, or have him transported from California to Williamson County for personal participation. The trial court held that he waived his right to participation in the termination proceedings and terminated his parental rights. We affirm the trial court.

Estate of Theresa Cunningham
M2001-01965-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Floyd Don Davis
The plaintiff filed a claim against the estate of the deceased more than eighteen months after the first publication of notice to creditors and twenty months after her death. The trial court granted him a judgment against the estate for the full amount of his claim. We reverse.

Paul Ivy v. Tennessee Department of Correction
M2001-01219-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Carol L. Mccoy
This appeal involves a dispute between a prisoner and the Department of Correction regarding a disciplinary proceeding at the Deberry Special Needs Facility in Davidson County. The prisoner filed a petition for writ of certiorari in the Chancery Court for Davidson County alleging the disciplinary board acted illegally, arbitrarily, and vindictively by violating the Department's Uniform Disciplinary Procedures when it disciplined him for attempted escape. The Department filed a Tenn. R. Civ. P. 12.02(6) motion to dismiss, and the trial court, citing Sandin v. Conner, 512 U.S. 472, 115 S.Ct. 2293 (1995), dismissed the petition. The prisoner has appealed. We have determined that the order dismissing the prisoner's petition should be reversed in part and that the case should be remanded for further consideration in light of Willis v. Tennessee Dep't of Corr., 113 S.W.3d 706 (Tenn. 2003).

Mark Percy v. Dept of Correction
M2001-01629-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ellen Hobbs Lyle
This appeal involves a dispute between a multiple rapist and the Tennessee Department of Correction regarding the prisoner's sentence expiration date. The prisoner filed a petition for a declaratory order in the Chancery Court for Davidson County asserting that the Department had misclassified him and that he was eligible to be released because his sentence had expired. The Department responded with a motion for summary judgment supported by an affidavit of a sentencing technician asserting that the prisoner had been correctly classified and that his sentence had not expired. The trial court granted the summary judgment and dismissed the petition. We find that the trial court reached the correct result, and, therefore, we affirm the judgment dismissing the prisoner's petition.

Mark Tinsley v. Suzanne Tinsley
M2001-02319-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Robert E. Burch
Mother sought modification of child support and a judgment against Father for contempt in the form of retroactive child support due to his failure to supply her with a yearly statement of his income as required by the final divorce decree. The trial court ordered a modification of the prospective child support, determining the amount of the obligation by averaging Father's fluctuating income for the three years prior to the hearing and awarded Mother a $54,192.00 judgment for retroactive child support during the five years that Father failed to provide his income statements to Mother. Because the trial court correctly calculated the prospective child support obligation, we affirm the amount of Father's monthly obligation in the amount of $1,300.00 from the date the petition was filed. However, because the trial court has no authority to award retroactive child support modification, we vacate the $54,192.00 judgment for retroactive child support. We remand the case for further proceedings to set reasonable attorney fees.

Cecelia Hutcheson v. Andrew W. Hutcheson
M2000-02340-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Arthur E. Mcclellan
On August 18, 2000, Appellant was held to be in civil contempt of court for failure to pay alimony and failure to deliver property to his former wife in compliance with the previous divorce judgment in the case. We affirm the judgment of the trial court.

Harrison M.X. Pearison v. Donal Campbell,
M2000-01105-COA-R3-CV
Trial Court Judge: Carol L. Soloman

William Steele v. Richard Berkman
M2001-02250-COA-R10-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Hamilton V. Gayden, Jr.
This appeal arises from a medical malpractice complaint filed by the Appellees in the Circuit Court of Davidson County against the Appellant, six other doctors, and two hospitals. The Appellant filed a motion for summary judgment. The trial court denied the Appellant's motion for summary judgment. The Appellant filed an application for extraordinary appeal with this Court pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure. This Court granted the application for extraordinary appeal. For the reasons stated herein, we reverse the trial court's denial of summary judgment against the Appellant.

W2001-01941-COA-R3-JV
W2001-01941-COA-R3-JV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Christy R. Little

Omawali Shabazz, aka Fred Edmond Dean vs. Greeley Wells
E2001-02315-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: R. Jerry Beck
In this suit, wherein Omawali Ashanti Shabazz, a/k/a, Fred Edmond Dean, seeks to acquire certain materials held in the office of the District Attorney General. The Trial Court denied the relief he sought because, under Tenn.R.Crim. P. 16, he was not entitled to the material while a post-conviction proceeding was pending. We affirm.

Omawali Shabazz, aka Fred Edmond Dean vs. Greeley Wells
E2001-02315-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: R. Jerry Beck
In this suit, wherein Omawali Ashanti Shabazz, a/k/a, Fred Edmond Dean, seeks to acquire certain materials held in the office of the District Attorney General. The Trial Court denied the relief he sought because, under Tenn.R.Crim. P. 16, he was not entitled to the material while a post-conviction proceeding was pending. We affirm.

David Schwab v. David Miller
M2001-00932-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: R.E. Lee Davies
The Chancery Court of Williamson County held that in order to claim a major benefit of an employment contract the employee had to be employed when the other contingencies in the contract were met. We affirm the lower court's interpretation.

ANR Pipeline Co., Colonial Pipeline Co., Columbia Gulf Transmission Co., et al. v. TN Board of Equalization
M2001-01098-COA-R12-CV
Authoring Judge: Per Curiam
Pipelines for the transport of petroleum products were installed sub-surface by various companies which acquired easements over affected freeholds. These pipelines were assessed as real estate for purposes of taxation. Petitions for Review were filed by the Pipeline Companies alleging that the pipelines were personal property. The decision of the Board of Equalization is reversed.

Marilyn Yount v. Bruce Yount
M2001-01335-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol A. Catalano
The trial court granted a divorce to the wife, and awarded her alimony in futuro of $2,000 per month. The husband argues on appeal that the wife does not need any alimony, and that he himself does not have the ability to pay the alimony. The proof shows that he does indeed have the ability to pay, but that the wife's needs are more appropriately served by an award of rehabilitative alimony. We modify the alimony award accordingly.

Don Long vs. Ralph & Edna Langley
W2001-01490-COA-R3-CV
Authoring Judge: Judge William B. Acree
Trial Court Judge: George R. Ellis
This a lawsuit between the two stockholders of Gene Langley Ford, Inc., an automobile dealership. The issues involve the percentage of ownership owned by the two stockholders and whether the defendant paid himself an excessive salary for managing the business. The Chancellor held that the plaintiff owns forty-nine (49%) of the stock and the defendant owns fifty-one percent (51%). He further held that the defendant's salary was not excessive. We reverse the Chancellor's decision regarding the ownership of the stock and hold that each party owns fifty percent (50%). We affirm the Chancellor's decision that the defendant's salary was reasonable.

Eagle Vision vs. Odyssey Medical
W2001-01772-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D. J. Alissandratos
This is an action for misappropriation of trade secrets in which the manufacturer of a surgical product allegedly misappropriated the product design and marketed a competing product after the developer discontinued its relationship with manufacturer. Trial court granted summary judgment in favor of manufacturer on all claims. We reverse and remand.

Shelia Bland vs. Jerry Bland
W2001-01705-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Joe C. Morris
Husband appeals from a final decree of divorce as to the amount of alimony awarded and the award of attorney fees. We affirm and modify.

Alfred/Florence Garionis vs. Andre Pride & Charles Holland
W2001-01682-COA-R3-CV
Authoring Judge: Judge William B. Acree
Trial Court Judge: Robert L. Childers
The plaintiffs filed a suit for personal injuries arising out of an automobile accident. Through their attorney, they reached a settlement of their claims. Thereafter, they sought to set aside the settlement upon the grounds that they had not authorized their attorney to accept the defendants' offer. Following an evidentiary hearing, the trial court found that the plaintiffs had authorized their attorney to settle the case and entered an order enforcing the settlement. We hold that the findings of the trial court are supported by a preponderance of the evidence and affirm the lower court.

Joyce Howell vs. Phillip Howell
W2001-01167-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Joe C. Morris

Joyce Howell vs. Phillip Howell
W2001-01167-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Joe C. Morris

State/Mae Clark vs. Charles Clark
W2001-01896-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Clayburn L. Peeples
This appeal involves an obligor parent's failure to comply with court ordered child support obligations. The State of Tennessee, on behalf of a custodial parent, sought to reduce arrearage in the obligations to judgment. The State was successful and the custodial parent was awarded $14,000.00 in arrearage. The obligor parent appealed and, for the following reasons, we affirm the lower court's decision.

Anne Pope v. Leuty & Heath
M2001-00736-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Irvin H. Kilcrease, Jr.
The receivers of a group of insolvent life insurance companies brought a malpractice action against an accounting firm that had performed allegedly negligent audits of the companies. The accounting firm denied any negligence, and filed a third party complaint against its professional liability insurer, requesting payment of benefits under an expired policy. The trial court dismissed the third-party complaint, ruling that the insurance policy was a claims-made policy and that the insurer was no longer obligated to its former insured. The court certified its order as final for purposes of appeal. We have concluded that the trial court was correct, and we affirm its order.

Alan Miller v. City of Murfreesboro
M2001-01478-COA-R9-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: John W. Rollins
In this retaliatory demotion case, the City of Murfreesboro appeals the action of the trial court in denying a Motion for Summary Judgment as to all issues. We find no material evidence in the record to establish that the articulated reason for the demotion of these three police officers, all of whom are established by the record to be honest and competent officers, is pretextual. The judgment of the trial court is reversed, and summary judgment entered for Defendant as to all issues.

Dennis Osagie v. Peakload Temporary Services
M2001-00852-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Hamilton V. Gayden, Jr.
An employee of a temporary services agency sued the agency for non-payment of wages and for discrimination. The trial court dismissed the claim for non-payment with prejudice, and the claim for discrimination without prejudice. We affirm the trial court.

City of Cookeville v. William M. Humphrey
M2001-00695-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Billy Joe White
This is a declaratory judgment action wherein a private act hospital authority, established pursuant to Tennessee Code Annotated sections 7-57-601 to 604, seeks a declaration that it has the authority to enter into an exclusive contract for professional radiology services, thus limiting the use of imaging equipment and hospital support staff situated in the hospital to such exclusive providers of radiology services. Defendants are four competent radiologists, presently on the medical staff of the hospital, who have also established Premier Diagnostic Imaging Center, LLC to provide outpatient radiology services independent of the hospital. The exclusive contract sought by the hospital would effectively "close" use of the hospital imaging facilities and support staff to all radiologists except the providers named in the exclusive contract. The trial court declared that the hospital was authorized to enter into such an exclusive provider contract, and we affirm the judgment of the trial court.