COURT OF APPEALS OPINIONS

Cora B. Cantrell, et al vs. Knox County Board of Education, et al
E1999-01557-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Harold Wimberly

Cline vs. Cline
M1999-00811-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Donald P. Harris

McRedmond vs. Estate of Andrew Marianelli
M1999-00321-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen Hobbs Lyle

Kelley vs. Tomlinson
M1999-01176-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Barbara N. Haynes

Allen vs. Lloyd
M1999-01739-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Thomas W. Brothers

Skinner vs. Bell
M1999-02078-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: James E. Walton

Knox Loudon Corporation vs. Town of Farragut
E2000-00174-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Dale C. Workman

M1999-01699-COA-R12
M1999-01699-COA-R12

In the Matter of C.D.B., S.S.B. & S.E.B.
M2000-00232-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: L. Raymond Grimes
This case involves the termination of parental rights. Upon a petition filed by the Tennessee Department of Children's Services, the Montgomery County Juvenile Court entered a final decree terminating the Appellant's parental rights.

Allen vs. Allen
M1999-00748-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Carol A. Catalano
In this divorce case, Husband appeals the trial court's decree as it deals with the division of the marital property (including an award to Wife a part of military retirement), alimony, and child support. We affirm as modified.

Ward vs. Turner
M1999-00719-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Vernon Neal
This appeal arises out of a custody dispute between maternal and paternal grandparents. The issue of custody arose after the children's parents were killed in an automobile accident. The Overton County Circuit Court reversed the judgment of the juvenile court and awarded custody to the maternal grandparents.

Bryant vs. Bryant
M1999-01280-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Muriel Robinson
Petitioners filed a petition to terminate the parental rights of the biological father and for adoption of two minor children based on abandonment by the father. On the first appeal, this Court reversed the trial court's order denying termination of parental rights and remanded the case for the trial court to determine whether the termination of parental rights is in the best interest of the children. The trial court found that termination of parental rights is in the best interest of the children and granted the adoption. Father has appealed.

TN Medical Association, et al vs. TN Board of Dentistry, et al
M1999-02279-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Carol L. Mccoy
This is an appeal of an administrative decision involving the Tennessee Dental Practice Act. A licensed dentist petitioned the Tennessee Board of Dentistry to declare that he had the right under his dental license to perform various cosmetic procedures involving the face and neck, such as face lifts and nose jobs. The petition was granted and the Board of Dentistry issued a declaratory order that the petitioning dentist could perform such cosmetic procedures. The Appellees, including the Tennessee Medical Association, petitioned the Chancery Court to review the Board of Dentistry's decision. The Chancery Court reversed the Board of Dentistry's decision, finding that the Board had improperly expanded the practice of dentistry beyond what the legislature intended and that its decision was not supported by substantial and material evidence. On appeal, we affirm, finding that the Board's decision was contrary to the Dental Practice Act.

Neely vs. McDonald
M2000-00099-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Thomas W. Brothers
This appeal involves a negligence claim asserted against two members of the Nashville Metropolitan Police Department. The Davidson County Circuit Court dismissed the case on the grounds the action was precluded by the Tennessee Governmental Tort Liability Act.

Antonio Sweatt vs. Fred Raney
W1999-02458-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: R. Lee Moore Jr.

Howse vs. Johnson
M1998-00513-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Ellen Hobbs Lyle

Brake vs. Brake
M1997-00007-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Robert W. Wedemeyer

Rebound Care Corp. vs. Universal Constructors
M1999-00868-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Irvin H. Kilcrease, Jr.

Lee Warehouse LP by Warehouses, Inc. vs. Jepco Construction
E1999-01944-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Frank Brown, III

U. S. Fidelity & Guaranty vs. Waco Contractors, Inc.
E2000-00159-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: John B. Hagler, Jr.

Neil Price v. Toni Price
M1998-00840-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Marietta M. Shipley

This case involves the dissolution of a seventeen-year long marriage. The parties have raised on appeal issues involving spousal support, child support, their partial marital dissolution agreement and attorney fees. Upon a review of the record and the relevant law, we find that the decision of the trial court should be reversed in part and affirmed in part.

State Auto Ins. Companies vs. Gordon Construction, Inc., et al
M1999-00785-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Ellen Hobbs Lyle
This is an insurance coverage case. A commercial general liability insurer filed suit for declaratory judgment to determine whether it had a duty to defend the insured, a construction company. The underlying lawsuit against the insured alleged breach of contract and breach of express and implied warranties in failing to perform work in a good and workmanlike manner. The trial court granted a motion for summary judgment to the insurer, finding that the insurance policy did not require it to defend against the suit. The insured appeals, and we affirm, finding that there was no "occurrence" under the terms of the insurance policy.

Dept. of Transportation vs. Sunset Marine and Resort
M1999-00880-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: John J. Maddux
This appeal arises out of what can loosely be defined as a condemnation case. The State of Tennessee, acting through the Department of Transportation, received an easement from the Corps of Engineers for the purpose of building a bridge across Dale Hollow Lake in Pickett County, Tennessee. The bridge was to be built across land owned by the United States and operated by the Defendants as a resort and marina under a lease for commercial purposes. The State filed a Petition for Condemnation against the leaseholder in the Pickett County Circuit Court seeking to take the land under its power of eminent domain. The trial court determined that the State could not take the land based on the Supremacy Clause of the United States Constitution. However, the State had already begun work on the project, and, ultimately, the bridge was completed. The court held a trial to determine the damages which the leaseholder had suffered as a result of the bridge being placed across the leasehold. The trial court granted a partial directed verdict and awarded the leaseholder $287,115. The trial court also awarded the leaseholder $100,000 as attorneys' fees in lieu of injunctive relief. The State appeals from the partial directed verdict and the award of attorneys' fees.

Rudy Page, Roger Page, and Donald Hanafee, v. Robert Lynn Fuchs and wife, Brenda Ann Fuchs
W1999-00702-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor George R. Ellis

This appeal involves a dispute over the existence of an easement over Defendants Fuchs’ land. Plaintiffs Page and Hanafee brought suit seeking an easement by necessity or a prescriptive easement, as well as damages for Defendants’ alleged inducement of breach of contract. The court below found that Plaintiffs had a prescriptive easement across Defendants’ property, but did not find Defendants liable for damages. Defendants appeal.
 

Sue Zius v. Susan Shelton, Christian Millman, John Doe and The Bradley County Weekly, Inc., A/K/A Bradley Weekly, Inc., and The Bradley News Weekly
E1999-01157-COA-R9-CV
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge John B. Hagler, Jr.

Defendants moved to dismiss plaintiff’s defamation case for failure to state a cause of action. The Trial Judge overruled the motion and on interlocutory appeal, we affirm.