COURT OF APPEALS OPINIONS

Rebecca Diane Turner (Turpin) v. Charles Daniel Turner -Concurring
01-A-01-9503-CV-00080
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Charles D. Haston

This appeal involves an acrimonious post-divorce dispute over child support and visitation. After their divorce in 1990, the mother filed several petitions in the Circuit Court for Warren County seeking to hold the father in contempt. The father also filed several petitions to modify his child support because of his inability to pay. This appeal involves the denial of the father’s latest petition for modification and the summary suspension of his visitation for not paying child support. We have determined that the evidence preponderates against the trial court’s conclusion that the circumstances with regard to the father’s income have not changed and that the father’s visitation should be suspended. Accordingly, we vacate the order dismissing the father’s petition and remand the case for further proceedings.

Shelter Insurance Companies, v. Sherrie Marie Hann
01A01-9507-CH-00280
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge William B. Cain

The defendant, Sherrie Marie Hann, has appealed from a non-jury judgment in favor of the plaintiff, Shelter Insurance Companies for $5,000 paid to defendant by mistake. As indicated in the caption, this was a proceeding in Chancery Court.

Shasta Mead Morey, v. Leslie Charles Morey
01A01-9506-CV-00243
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Muriel Robinson

The defendant, Leslie Charles Morey, has appealed from the judgment of the Trial Court awarding to the plaintiff, Shasta Mead Morey, an absolute divorce, custody of a minor child, child support, a share of marital property, and $3,000.00 attorneys' fees.

Jimmy France, v. Christine Bradley, Commissioner of Department of Correction, Ned Ray McWherter, Governor of State of Tennessee, et al.
01A01-9508-CH-00335
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Robert S. Brandt

The captioned plaintiff has appealed from the judgment of the Trial Court dismissing his suit against the captioned defendants for a declaratory judgment and injunctive relief regarding the constitutionality of application of certain statutes to plaintiff and certain actions, practices and policies of the defendants.

02A01-9408-Ch-00199
02A01-9408-Ch-00199
Trial Court Judge: C. Neal Small

02A01-9409-CV-00222
02A01-9409-CV-00222
Trial Court Judge: Robert L. Childers

02A01-9409-BC-00210
02A01-9409-BC-00210

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Chrystyna Anisia (Czyz) Reymann, v. Vincent Robert Reymann
01A01-9506-CV-00272
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge W. Thomas Goodall, Jr.

This is an appeal from a decree of divorce in which the issues presented on appeal by defendant-appellant are:
I. The Trial Court erred in reducing valuation of the wife's civil service retirement pension by hypothetical social security benefits.
II. The Trial Court erred in awarding the parties' marital interest in annuities to their adult daughter in trust.
The plaintiff-appellee presents a third issue as follows:
III. The Trial Court erred in failing to adjust the distribution between husband and wife to equalize the tax effect on any unrealized gain on stocks.

Shoney's, Inc. and Shoney's of Canada, Inc., v. Chic Can Enterprises, LTD., an Alberta Corporation, Chic Can Enterprises, an Alberta LTD Ptrshp, et al.
01A01-9506-CH-00278
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Robert S. Brandt

The plaintiffs, Shoney's Inc., and Shoney's of Canada, Inc., have appealed from the judgment of the Trial Court dismissing their suit against the defendants, Chic Can Enterprises, Ltd., Little Caesars Pizza of Alberta, Inc., and Gen Group, Incorporated for lack of personal jurisdiction of said defendants.

Benny R. Shope and wife, Betty S. Shope, v. Radio Shack, a division of Tandy Corporation, and Radio Shack, Inc. a corporation doing business in Bradley County, Tennessee
03A01-9508-CV-00288
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Earle G. Murphy

This is a premises liability action. The case was tried before a jury to the conclusion of the plaintiffs' proof. At the conclusion of the plaintiffs' proof, the defendants moved for a directed verdict which was granted. Judgment was entered in favor of the defendants. This appeal resulted. We affirm the judgment of the trial court.

Benny E. Shope and wife, Betty S. Shope, v. Radio Shack, a division of Tandy Corporation, and Radio Shack, Inc., a corporation doing business in Bradley County, Tennessee
03A01-9508-CV-00288
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Earle G. Murphy

This is a premises liability action. The case was tried before a jury to the conclusion of the plaintiff's proof. At the conclusion of the plaintiff's proof, the defendants moved for a directed verdict which was granted. Judgment ws entered in favor of the defendants. This appeal resulted. We affirm the judgment of the trial court.

Ardis Mobile Home Park, v. State of Tennessee
03A01-9505-BC-00157
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Commissioner Michael S. Lacy

This is an appeal from a decision of the Tennessee Claims Commission wherein the commissioner determined that the occurrences at issue constituted a taking of property by the State of Tennessee rather than a nuisance. The commissioner concluded that the exclusive remedy for a taking is an inverse condemnation action pursuant to T.C. A. § 29-16-123. Since actions predicated on inverse condemnation are outside the scope of the jurisdiction of the Claims Commission, the commissioner dismissed the claim. This appeal resulted. We reverse the judgment of the commissioner.

Frances Gregg Brickell and Edwina Ellis Coffey v. City of Friendsville
03A01-9505-CV-001159
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Dale W. Young

This is an extraordinary appeal in the most literal sense of the word. The appellant prevailed in the trial court, but nevertheless, as appealed claiming that the trial court erred in refusing to consolidate this action with another action relating to the same subject matter pending in the same court.

Calvin Edward Gallaher v. Dee ann Gallaher
03A01-9502-CH-00069
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Frank V. Williams, III

Dee Ann Curtis Gallaher appeals that portion of a divorce decree entered by the Chancery Court for Meigs County which granted her husband, Calvin Edward Gallaher, custody of their four-year old daughter.

Debra White, v. Robin Merritt, Judy Merritt, and Bill Sharp
03A01-9505-CV-00165
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Wheeler Rosenbalm

Pursuant to Rule 54 of the Tennessee Rules of Appellate Procedure, the Plaintiff, Debra White, appeals an order of summary judgment entered in favor of the Defendant, Bill Sharp. Ms. White sought damages she suffered as a result of a dog bite. The suit was brought against Mr. Sharp, the owner of the premises where the dog was kept, and his tenants, Robin Merritt and Judy Merritt, the owners of the dog. A voluntary non-suit ws taken as to Mr. Merritt and adefault judgment ws entered against Mrs. Merritt.

Lee Anne Johnson v. Brett Paul Johnson
02A01-9408-CV-00183
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge George H. Brown

In this divorce action, Brett Paul Johnson (Husband) has appealed the trial court's ruling that Husband was not entitled to rehabilitative alimony and attorney fees from Lea Anne Johnson (Wife).

Shirley Ashford v. Joshua C. Benjamin, et al.; Dorothy Wiseman Jackson v. Joshua C. Benjamin; Stevan L. Black v. James E. Blount, III - Concurring
02A01-9408-CV-00175
Authoring Judge: Judge Farmer
Trial Court Judge: Judge D'Army Bailey

Appellant, James E. Blount, III, appeals from the judgment of the Shelby County Circuit Court holding him in criminal contempt on two separate accounts and imposing sentence.

Susan (Rier) Metrolis, v. Timothy William Rier
02A01-9409-JV-00205
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Kenneth A. Turner

This appeal involves a juvenile court proceeding for child support. Petitioner, Susan Rier Metrolis (Mother), filed a petition against Timothy William Rier (Father) on October 28, 1993, seeking past, present, and future support for their two minor children, Crystal and Lisa. The petition requests that "the respondent should be ordered to contribute toward the support of said children according to the respondent's means and the needs of said children and reimburse the petitioner for the expenses of rearing the children with the respondent's assistance."