COURT OF APPEALS OPINIONS

State of Tennessee, Department of Children's Services, v. James Bostick Osborne, In the matter of Sherry Monet Hendren
01A01-9810-JV-00564
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Betty Adams Green

This case involves a petition for termination of parental rights. The Respondent/Appellant, James Bostick Osborne, appeals from an order of the Juvenile Court of Davidson County terminating his parental rights as the biological father of Sherry Money Hendren. We affirm the judgment of the Trial Court.

Charles ClayYoung v. Louise Johnson, Toy Young, and Hubert Barr
01A01-9902-CV-00105
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Judge John A. Turnbull

Plaintiff filed a pro se complaint ["Torts Suit"] for damages suffered as a result of Defendants' removal of a dwelling he constructed on Young-Graham family cemetery property, and for back wages as a maintenance worker at the cemetery and punitive damages. The Trial Court, after consideration of the pleadings and Affidavits filed by the parties, entered an Order granting the Defendants summary judgment, which judgment the Plaintiff appeals. The appeal was submitted on briefs and addressed only the Defendants' removal of the dwelling the Plaintiff constructed on cemetery property. For the reasons herein stated, we affirm the Trial Court's dismissal of the Plaintiff's complaint.
 

Alexander & Associates, Inc. v. Debra Bond-Owens - Concurring
01A01-9812-CV-00618
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Judge Thomas W. Brothers

This is a suit initiated in the General Sessions Court for Davidson County by Alexander & Associates, Inc., an insurance agency, seeking to recover from Debra Bond-Owens, its former employee, reimbursement for payments made to her which it contends were “unearned advanced salary in the amount of $5701.37, plus interest.”
 

Shannon Rhea Roberts v. Creig McLaughlin - Concurring
01A01-9812-JV-00631
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Betty Adams Green

This case originated as a paternity action. Shannon Rea Roberts (“Ms.  Roberts”) sought to establish that Creig McLaughlin (“McLaughlin”) was the father of her child, Dylan Daniels Roberts (“Dylan”) (DOB: February 14, 1997). The part of the case now before us concerns the petition to  intervene filed in that proceeding by Janice Roberts (“Grandmother”), who is the mother of Shannon Rea Roberts and the grandmother of Dylan. In her petition, Grandmother seeks court-ordered “reasonable visitation  rights” with Dylan. McLaughlin moved to dismiss Grandmother’s petition, relying on Rule 12.02(6), Tenn.R.Civ.P., and asserting that the petition  “fail[s] to state a claim upon which relief can be granted.”¹ Id. The trial court granted McLaughlin’s motion, finding² that T.C.A. § 36-6-306 (Supp. 1998) does not authorize an award of grandparents’ visitation under the undisputed material facts of this case. Grandmother appeals, arguing that the trial court erred in dismissing her petition.  We affirm.

Herman Vanderheyden, d/b/a Vanderheyden Construction Co. v. Ajay Inc. and Federal Savings Bank - Concurring
02A01-9803-CH-00070
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Floyd Peete, Jr.

This is a construction case. The defendant owner hired the plaintiff contractor to build a movie theater. The contract contained an arbitration clause. The owner terminated the contractor before the construction was completed. The contractor filed suit against the owner regarding an amount of money required to be held in escrow pursuant to Tennessee Code Annotated § 66-11-144, which permits the contractor to seek “any remedy in a court of proper jurisdiction . . . .” The trial court stayed the proceedings and ordered the parties to arbitration. We reverse and remand.

Jennifer Kensinger vs.s James Kensinger
02A01-9811-CV-00322
Trial Court Judge: James F. Russell

Valerie Humphries vs. Plant Maint.
02A01-9811-CV-00323
Trial Court Judge: George H. Brown

TN Downs vs. William Gibbons
02A01-9812-CH-00379
Trial Court Judge: Floyd Peete, Jr.

Brennco Inc. vs. Chattanooga Better Housing Comm.
E2000-01508-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Frank Brown, III
Plaintiff's action for an order restraining defendant from demolishing plaintiff's buildings was ultimately dismissed, after plaintiff failed to meet conditions set by the Court to keep the restraint in place. On appeal, we affirm.

State/Carolyn Collier vs. Ephram Collier
02A01-9901-JV-00027
Trial Court Judge: J. Roland Reid

Memphis Housing vs. Tara Thompson
02A01-9812-CV-00356
Trial Court Judge: Robert A. Lanier

Paula Marie Brown, v. James A. Brown - Concurring
03A01-9812-CV-00417
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge L. Marie Williams

I concur i themajority opinion. I agree that the majority's approach to determining gross income for current child support is correct in this case. I write separately to express my view that the two-year-average approach utilized by the majority in this case may not be appropriate in all cases.

03A01-9811-CH-000380
03A01-9811-CH-000380

Byrd vs. Gibson
03A01-9901-CV-00022

Smith vs. Smith
01A01-9809-CH-00515
Trial Court Judge: Henry Denmark Bell

Thompson vs. Telco
01A01-9801-CH-00045
Trial Court Judge: Henry Denmark Bell

Eatherly vs. Eatherly
01A01-9806-CV-00314
Trial Court Judge: Bobby H. Capers

Hosale vs. Warren
01A01-9810-CV-00523
Trial Court Judge: Hamilton V. Gayden, Jr.

In Re: Annie Christina Harris
01A01-9901-CV-00017
Trial Court Judge: Royce Taylor

Nichols vs. Nichols
03A01-9810-CV-00352

Brown vs. Brown
03A01-9812-CV-00417

Behm vs. Behm
03A01-9810-CH-00339

Cannon vs. City of Chattanooga
03A01-9901-CV-00023

Hart vs. Tourte
03A01-9901-CH-00004

03A01-9809-CV-00312
03A01-9809-CV-00312