COURT OF APPEALS OPINIONS

01A01-9503-Ch-00117
01A01-9503-Ch-00117

Burress vs. Sanders
M1999-00210-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Thomas W. Graham

Melissa Kornblee (Jaramillo) vs. Kevin Richard Kornblee
M2000-00379-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Thomas E. Gray
In this post-divorce proceeding, Melissa Danise Foster Kornblee (Jaramillo) appeals the trial court's actions in ordering mental health counseling and treatment of the parties' minor children by a court appointed professional, declining to allow her to relocate with the minor children to Wyoming, allowing Father unsupervised visitation with the children, and awarding Father attorney's fees in defending her motion to suspend unsupervised visitation. We affirm the trial court.

Metro Construction Co., Inc. vs. Cogun Industries, Inc.
02A01-9608-CH-00207
Trial Court Judge: C. Neal Small

03A01-9509-CH-OO301
03A01-9509-CH-OO301
Trial Court Judge: Inman

Tiffany Senn v. Romando Haynes
M2002-01519-COA-R3-JV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Donna A. Scott
Tiffany T. Senn (Williams) appeals the action of the Juvenile Court of Rutherford County, changing the primary residential custody of her minor child from Tiffany Senn to the biological father of the child, Romando Haynes. We affirm the action of the trial court.

Leighann M. Gullett v. Michael J. Hopkins
M2003-02086-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: John W. Rollins
This is a post-divorce change of custody proceeding wherein the trial court found no substantial change of circumstances and denied the Petition. The judgment of the trial court is affirmed.

Sneed (Ford) vs. Sneed
01A01-9612-CH-00542
Trial Court Judge: William B. Cain

DeShayne Neal v. Jerry Neal
M2003-02703-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Gerald L. Ewell, Sr.
This is an appeal from the chancery court order refusing to modify the parties' divorce decree and permanent parenting plan. Mother filed a Petition to Modify, and Father filed an Answer and Counter Petition also requesting modification. The Chancellor dismissed both the Petition and Counter Petition finding that there had not been sufficient change in circumstances since the initial entry of the divorce decree to justify modification. Upon review of the Permanent Parenting Plan and Final Decree of the Chancery Court, we find that this Permanent Parenting Plan and the judge's approval of such plan do not meet the requirements of Tennessee law. As such, the Permanent Parenting Plan is vacated, and the case is remanded to the trial court.

Eddie Dobbins vs. George Dobbins
02A01-9710-PB-00246
Trial Court Judge: Donn Southern

Traci Sorrells vs. Donald Lee Sorrells
E1999-01658-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: C. Van Deacon

01A01-9510-CV-00454
01A01-9510-CV-00454
Trial Court Judge: Walter C. Kurtz

Tamco Supply, et al vs. Tom Pollard, et al
W1999-01725-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Lee Moore

Kline vs. Kline
03A01-9706-CV-00240

02A01-9411-CV-00265
02A01-9411-CV-00265
Trial Court Judge: Wyeth Chandler

Diana Morris v. State
M1999-02714-COA-RM-CV
Authoring Judge: Judge William C. Koch, Jr.
This appeal involves a dispute between the State of Tennessee and a former employee of the Department of Correction arising out of a work-related injury. After the Department discharged her for failing to return to work, the employee filed a retaliatory discharge claim with the Tennessee Claims Commission asserting that she had actually been fired because she had filed a workers' compensation claim. The Tennessee Court of Appeals determined that the Commission lacked subject matter jurisdiction over retaliatory discharge claims and vacated the Commission's $300,000 award to the employee. While the employee's appeal was pending before the Tennessee Supreme Court, the Tennessee General Assembly retroactively broadened the Commission's jurisdiction to include retaliatory discharge claims. The Tennessee Supreme Court reversed this court's decision and remanded the case to this court for further consideration. We have determined that the Tennessee General Assembly may enact retroactive laws waiving the State's sovereign immunity with regard to past events, and we accede to the Tennessee Supreme Court's decision in this case that the General Assembly validated the results of this proceeding. We also have concluded that the Commission had authority to award front pay damages. Accordingly, we affirm the Commission's award.

Cecil Ayers vs. Minda Ayers
W1999-01261-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby

Lorri Bailey (Capps) vs. David Capps
M1999-02300-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Clara W. Byrd
This child custody case has already been the subject of one appeal before this Court. The father was awarded sole custody of the parties' only child, with the mother receiving liberal visitation rights. The mother petitioned for a change of custody. The trial court found that there was no material change in circumstances sufficient to warrant an award of sole custody to the mother. However, the original custody order was modified to provide that the parties had joint custody, with the father being the "primary residential custodian." The trial court also ordered that the mother was no longer required to pay child support and that the mother owed no arrearage in child support. The father appeals. We affirm in part and reverse in part, affirming the order of joint custody and the order that the mother is not required to pay child support, but we reverse on the issue of the mother's child support arrearage.

In Re: Estate of Warren Glenn Brown, Candice Mathis, v. Joe Brown
01A01-9809-PB-00471
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Andrew Jackson

In this case, the decedent’s grand niece, Candice Mathis, the petitioner, appeals the trial court’s finding that she failed to establish, by clear and convincing evidence the lost or destroyed will of her grand uncle, Warren Brown. The trial court ordered that the administration of the estate proceed as an intestate estate. For the following reasons, we reverse.

Cybill Shepherd v. Weather Shield Manufacturing, Inc.
W1999-00508-COA-R3-CV
Authoring Judge: Special Judge Alan E. Glenn
Trial Court Judge: Chancellor Walter L. Evans

The plaintiff brought suit against a manufacturer of windows and doors for allegedly supplying defective products which allowed substantial leaks into her dwelling and caused rotting because of excessive moisture. Following a nonjury trial, the trial court denied the plaintiff's claim pursuant to the Tennessee Consumer Protection Act but awarded judgment to the plaintiff on her claim that the defendant supplied defective doors and windows. Based upon our review, we affirm the trial court's denial of the Tennessee Consumer Protection Act claim. Finding that the plaintiff did not provide notice to the defendant of its allegedly defective product within the applicable statute of limitations, we reverse the award of damages to the plaintiff and dismiss her complaint.

In Re: Cidney L.

Mother appeals the trial court’s termination of her parental rights. She argues that the trial court erred in holding that clear and convincing evidence established that she engaged in conduct exhibiting a wanton disregard for the welfare of the child prior to her incarceration and that termination was in the child’s best interest. We have determined that there is clear and convincing evidence in the record to support both of the trial court’s findings. We affirm.

Johnny L. Butler, v. State of Tennessee
02C01-9509-CR-00289
Authoring Judge: Judge John H. Peay
Trial Court Judge: Judge W. Fred Axley

The petitioner, who is serving a sentence for a federal court conviction, has filed two petitions attacking prior state convictions which were used to enhance the sentence for the federal conviction. These two petitions, called petitions for the writ of coram nobis or for habeas corpus, were dismissed by the trial court without a hearing on the basis that they were actually petitions for post-conviction relief and barred by the statute of limitations. We agree with the trial court.

Alton F. Dixon v. Nike, Inc.
02A01-9702-CH-00049
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor Neal Small

Plaintiff, Alton F. Dixon, appeals the order of the trial court granting summary judgment to defendant, Nike, Inc. Nike is a manufacturer of sporting goods, footwear, and apparel, and Dixon was an at-will employee of Nike. Nike encourages its employees to actively participate in improving their work environment and in implementing ideas for new products on the market 2 through a program called “I Got It.” The program invites Nike’s employees to submit ideas that “eliminate waste, improve the way we work, increase productivity, prevent accidents, save time, money, or energy.” Employees can also submit ideas for new products or inventions. In a weekly bulletin for employees, Nike stated, “If what you are suggesting is an idea for a new product or invention, to protect you and NIKE, a letter of understanding will be sent for your signature stating, in essence, that NIKE will not use your product idea until a written contract is negotiated and signed.”

James Gant v. Kenneth Broadway, County Executive and Chmn of the Decatur County Commission, et al.
02A01-9701-CH-00007
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor J. Walton West

Petitioner, James Edward Gant, appeals the judgment of the chancery court denying his application for a beer permit.

Daniel B. Taylor v. Donal Campbell, et al.
M1998-00913-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Irvin H. Kilcrease, Jr.

This appeal involves a dispute between a prisoner and the Department of Correction regarding the prisoner's request for access to the Department's rules governing prisoner sentence credits. The Department responded by informing the prisoner that its policies governing prisoner sentence reduction credits could be found in the prison law library. Thereafter, the prisoner filed suit in the Chancery Court for Davidson County complaining that he had been wrongfully denied access to public records. The Commissioner of Correction moved to dismiss the complaint. Alternatively, the Commissioner sought a summary judgment and supported his motion with affidavits asserting that the prisoner had already received all the information he sought. Based on these affidavits, the trial court granted the Commissioner's summary judgment motion and dismissed the prisoner's complaint. We have determined that the Commissioner has not demonstrated that he is entitled to a judgment as a matter of law and, therefore, reverse the summary dismissal of the prisoner's complaint.