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John Herman Hutchings v. Methodist Hospital of McKenzie, et al. W1998-00901-COA-R9-CV Authoring Judge: Judge Holly Kirby Lillard Trial Court Judge: Judge Julian P. Guinn and Judge Karen R. Williams This is a medical malpractice case in which the plaintiff filed two identical actions only days apart in Shelby County and Carroll County against the same defendants. The plaintiff non-suited and then re-filed the Carroll County action. Amended complaints were filed in both actions seeking to add a defendant. The plaintiff then asked the Shelby County trial court to transfer the action pending in Shelby County to Carroll County for consolidation. The defendant who was added argued that the Shelby County trial court should dismiss the case for improper venue and that the Carroll County trial court should grant his motion for summary judgment based on the statute of limitations. The Shelby County trial court granted the plaintiff’s motion to transfer to Carroll County and the Carroll County trial court denied the defendant’s motion for summary judgment. The added defendant appealed. We reverse the Carroll County trial court’s denial of summary judgment and its acceptance of the Shelby County case for consolidation and remand to the Carroll County trial court to determine whether the Shelby County amended complaint was intended to supplement the original complaint or to completely replace it, and whether a named Shelby County defendant was still a defendant in the Shelby County suit when the amended complaint was filed, in order to ascertain if venue was proper as to the added defendant.	Carroll	Court of Appeals	06/02/00
Martin Paschall v. Henry County Board of Education W1999-0070-COA-R3-CV Authoring Judge: Judge Holly Kirby Lillard Trial Court Judge: Chancellor Ron E. Harmon This is an employment discrimination case. The plaintiff is a white teacher who was disciplined for his role in an altercation with a black teacher. The plaintiff sued the county school board for discrimination, alleging that he was disciplined because of his race, in violation of the Tennessee Human Rights Act. The trial court granted the school board’s motion for summary judgment. The plaintiff appeals. We reverse and remand, finding that the plaintiff has proffered direct evidence of discriminatory intent.	Henry	Court of Appeals	06/02/00
Sandra Diane Moore, v. Danny Michael Moore W1998-00379-COA-R3-CV Authoring Judge: Judge Alan E. Highers Trial Court Judge: Chancellor George R. Ellis This appeal arises from an action for divorce filed by plaintiff-Wife in the Crockett County Chancery Court. Following defendant-Husband’s answer and counter-complaint for divorce, the parties entered into a consent order for support and other relief. The court entered an order granting divorce and approving the parties’ agreement. Subsequently, the court entered an order awarding Wife alimony in futuro and a significant amount of the marital assets. The court also found that stock in a corporation was a marital asset and included the stock in Husband’s award of marital assets. Husband appeals both the award of alimony and the court’s characterization of the corporation stock as a marital asset. Tenn.R.App.P. Rule 3 Appeal as of Right; Judgment of the Chancery Court is Affirmed in Part, Reversed in Part and Remanded.	Crockett	Court of Appeals	06/01/00
Grandstaff vs. Hawks M1998-00909-COA-R3-CV Authoring Judge: Judge William C. Koch, Jr. Trial Court Judge: Bobby H. Capers	Wilson	Court of Appeals	05/31/00
Clark Earls vs. Shirley Earls M1999-00035-COA-R3-CV Authoring Judge: Judge Ben H. Cantrell Trial Court Judge: Russell Heldman This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.	Williamson	Court of Appeals	05/31/00
Clark Earls vs. Shirley Earls M1999-00035-COA-R3-CV Authoring Judge: Judge Ben H. Cantrell Trial Court Judge: Russell Heldman This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.	Williamson	Court of Appeals	05/31/00
Clark Earls vs. Shirley Earls M1999-00035-COA-R3-CV Authoring Judge: Judge Ben H. Cantrell Trial Court Judge: Russell Heldman This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.	Williamson	Court of Appeals	05/31/00
Richardson vs. TDOC M1999-02796-COA-R3-CV Authoring Judge: Judge William B. Cain Trial Court Judge: Irvin H. Kilcrease, Jr.	Davidson	Court of Appeals	05/31/00
Limbaugh vs. Coffee Medical Center M1999-01181-COA-R3-CV Authoring Judge: Judge David R. Farmer Trial Court Judge: John W. Rollins	Coffee	Court of Appeals	05/31/00
Beatrice Holiday vs. Shoneys South W1999-01173-COA-R3-CV Authoring Judge: Judge David R. Farmer Trial Court Judge: John R. Mccarroll, Jr.	Shelby	Court of Appeals	05/31/00
Charles McDonald vs. Dixie White Ishee W1998-00258-COA-R3-CV Authoring Judge: Judge W. Frank Crawford Trial Court Judge: Joe C. Morris	Shelby	Court of Appeals	05/31/00
Miltier, III vs. Miltier (Buhls) E1999-00887-COA-R3-CV Authoring Judge: Judge David Michael Swiney Trial Court Judge: Jean A. Stanley	Carter	Court of Appeals	05/31/00
Steven C. Mohn, et ux vs. Bernard Graff, et al E1999-01015-COA-R3-CV Authoring Judge: Judge Charles D. Susano, Jr. Trial Court Judge: Thomas R. Frierson, II	Hamblen	Court of Appeals	05/31/00
D. A. Price vs. P. C. Price E1999-00102-COA-R10-CV Authoring Judge: Judge David Michael Swiney Trial Court Judge: W. Dale Young	Blount	Court of Appeals	05/31/00
Ricky Lee Jenkins v. Heather Johnson M2001-02103-COA-R3-CV Authoring Judge: Presiding Judge Alan E. Highers Trial Court Judge: Clara W. Byrd This appeal arises from the lower court's modification of a child custody arrangement. The trial court found that a material change in circumstances had occurred and awarded primary residential custody to Father. For the following reasons, we affirm the judgment of the lower court.	White	Court of Appeals	05/30/00
Wielgus vs. Dover Industries M1999-00173-COA-R3-CV Authoring Judge: Judge William B. Cain Trial Court Judge: Robert E. Corlew, III	Rutherford	Court of Appeals	05/30/00
Speakman vs. Ada Ferrell Garden Apts. M1999-00509-COA-R3-CV Authoring Judge: Judge Houston M. Goddard Trial Court Judge: L. Craig Johnson	Coffee	Court of Appeals	05/30/00
Chadwell vs. Chadwell M1999-00675-COA-R3-CV Authoring Judge: Judge Charles D. Susano, Jr. Trial Court Judge: Jane W. Wheatcraft	Sumner	Court of Appeals	05/30/00
Ronald & Bonnie Warf vs. Wayne Vincent W1999-01542-COA-R3-CV Authoring Judge: Presiding Judge Alan E. Highers Trial Court Judge: Walter L. Evans	Shelby	Court of Appeals	05/30/00
Larry W. Barnes v. The Goodyear Tire And Rubber W2000-01607-COA-RM-CV Authoring Judge: Judge Holly M. Kirby Trial Court Judge: W. Michael Maloan	Obion	Court of Appeals	05/30/00
21812-COA-R3-CV 21812-COA-R3-CV Trial Court Judge: Jeffrey F. Stewart	Sequatchie	Court of Appeals	05/30/00
Tammy C. Powell vs. Charley Crisp, et al E1999-02539-COA-R3-CV Authoring Judge: Judge Houston M. Goddard Trial Court Judge: Jerri S. Bryant This is a suit wherein Tammy C. Powell, formerly Bird, seeks custody of her minor children, Joshua Daniel Bird (DOB 2/2/86) and Cherish Richelle Bird (DOB 8/25/88), who are now in the custody of her parents. The Trial Court was of the opinion that the Court of Indian Offenses of the Eastern Band of Cherokee Indians, located in Cherokee, North Carolina, the Court which initially awarded a divorce to Richard Bird and later granted custody of the children to the maternal grandparents, Charley and Peggy Crisp, had exclusive jurisdiction of any action seeking to change custody, and accordingly dismissed the petition. We affirm.	Bradley	Court of Appeals	05/30/00
State vs. Frederick Mays W1999-01499-COA-R3-CO Authoring Judge: Judge W. Frank Crawford Trial Court Judge: John P. Colton, Jr.	Shelby	Court of Appeals	05/26/00
K.C. Lam vs. Robert Allen W1999-00244-COA-R3-CV Authoring Judge: Judge W. Frank Crawford Trial Court Judge: Kay S. Robilio	Shelby	Court of Appeals	05/26/00
Kinnard vs. Taylor, et al M1999-00512-COA-R3-CV Authoring Judge: Judge W. Frank Crawford Trial Court Judge: Clara W. Byrd	Wilson	Court of Appeals	05/25/00