COURT OF APPEALS OPINIONS

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

Knox Court of Appeals

03A01-9509-CH-00303
03A01-9509-CH-00303

Court of Appeals

03A01-9510-CH-00347
03A01-9510-CH-00347

Court of Appeals

02A01-9509-CV-00207
02A01-9509-CV-00207
Trial Court Judge: Wyeth Chandler

Shelby Court of Appeals

02A01-9511-CH-00255
02A01-9511-CH-00255
Trial Court Judge: C. Neal Small

Court of Appeals

02A01-9502-CH-00030
02A01-9502-CH-00030
Trial Court Judge: C. Neal Small

Shelby Court of Appeals

02A01-9502-CV-00018
02A01-9502-CV-00018

Court of Appeals

02A01-9502-CV-00024
02A01-9502-CV-00024
Trial Court Judge: George H. Brown

Shelby Court of Appeals

01A01-9510-CH-00481
01A01-9510-CH-00481
Trial Court Judge: Irvin H. Kilcrease, Jr.

Davidson Court of Appeals

01A01-9510-JV-00474
01A01-9510-JV-00474
Trial Court Judge: Andrew J. Shookhoff

Davidson Court of Appeals

01A01-9510-JV-00479
01A01-9510-JV-00479
Trial Court Judge: Andrew J. Shookhoff

Davidson Court of Appeals

01A01-9601-CH-00030
01A01-9601-CH-00030
Trial Court Judge: Ellen Hobbs Lyle

Davidson Court of Appeals

02A01-9502-CH-00025
02A01-9502-CH-00025
Trial Court Judge: Dewey C. Whitenton

Fayette Court of Appeals

01A01-9506-JV-00262
01A01-9506-JV-00262
Trial Court Judge: W. Nowlin Taylor

Bedford Court of Appeals

01A01-9508-CH-00365
01A01-9508-CH-00365
Trial Court Judge: Allen W. Wallace

Court of Appeals

03A01-9509-CH-00318
03A01-9509-CH-00318

Carter Court of Appeals

Charles Steven Denbow, v. Sandra Kay Denbow
02A01-9410-CH-00238
Authoring Judge: Senior Judge Tomlin
Trial Court Judge: Judge Joe C. Morris

This is a domestic relations case with an unusual twist. On May 3, 1994, plaintiff filed a complaint in the Chancery Court of Chester County seeking a divorce from defendant on the grounds of irreconcilable differences. At the same time, plaintiff filed a marital dissolution agreement (“agreement”) executed by the parties on May 2, 1994. The agreement provided that the parties would have joint custody of their two minor children, then ages 13 and 15, with the children residing with plaintiff. No child support was to be paid by either party. In addition, the agreement did not make any allowances for alimony and purported to divide the real and personal property between the parties. Plaintiff was represented by counsel at the time the parties executed the agreement, but defendant was not. Shortly thereafter, defendant employed counsel and on June 3, 1994, filed a motion to set aside the agreement. In her motion defendant contended that she was forced to sign the agreement under duress and fear of bodily harm. She also contended that the agreement did not adequately provide for the care and maintenance of the parties’ minor children or make an equitable settlement of the 2 parties’ property as required by T.C.A. § 36-4-103(b) (1991). Defendant’s motion asked the court to set the agreement aside and allow the parties to proceed with the divorce as if the agreement had never been executed.

Chester Court of Appeals

Joyce Ann Neal, Individually and as parent and next of kin of the minor child, Brandon Devoris Neal, v. Fayette County Board of Education, Dale Summitt, et al.
02A01-9412-CV-00271
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Jon Kerry Blackwood

This matter arose out of a personal injury action brought against Fayette County 2 Board of Education by plaintiff, Joyce Ann Neal, as parent and next of kin of Brandon Neal, a minor. Brandon, age eleven, was injured while playing basketball when his finger became caught in the goal. Reasoning that the goal was neither dangerous nor defective and that Brandon caused his own injuries through his misuse of the goal, the trial court held in favor of the school board. On appeal, plaintiff contends that the evidence preponderates against the trial court's determination that the goal was not dangerous or defective. Plaintiff further alleges that the trial court erred in failing to find that the school board was negligent. For the reasons stated below, we find these contentions to be without merit; therefore, we affirm the trial court's judgment.

Fayette Court of Appeals

Waymon Frederick Axley, v. Beverly Anne Mallette Axley
02A01-9412-CV-00283
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor W. Michael Maloan

After a thirty year marriage,1 Waymon Frederic Axley (Husband) and Beverly Anne Mallette Axley (Wife) were divorced by final decree entered by the trial court in August 1994.2 This appeal concerns the trial court’s award to Wife of $1,500 per month as alimony in futuro and, as additional alimony, $177.62 per month for 36 consecutive months to continue Wife on Husband’s health insurance through his employer. Wife seeks an increase in the award as well as her attorney’s fees for services rendered in this appeal. She frames the issues as follows: I. Did the trial judge err by awarding Wife only $1,500 per month in periodic alimony? II. Should this Court remand this matter to the trial court with the instruction to set a reasonable amount of attorney’s fees for this appeal?

Shelby Court of Appeals

Waymon Frederic Axley, v. Beverly Anne Mallette Axley
02A01-9412-CV-00283
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor W. Michael Maloan

After a thirty year marriage,1 Waymon Frederic Axley (Husband) and Beverly Anne Mallette Axley (Wife) were divorced by final decree entered by the trial court in August 1994.2 This appeal concerns the trial court’s award to Wife of $1,500 per month as alimony in futuro and, as additional alimony, $177.62 per month for 36 consecutive months to continue Wife on Husband’s health insurance through his employer. Wife seeks an increase in the award as well as her attorney’s fees for services rendered in this appeal. She frames the issues as follows:

Shelby Court of Appeals

Terry T. Johnson, v. Michael H. McCommon & MLG & W
02A01-9502-CV-00029
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Wyeth Chandler

This action was brought against Michael McCommon and Memphis Light, Gas, and 2 Water (MLG&W) for personal injuries sustained when McCommon, an employee of MLG&W, struck plaintiff with his vehicle. McCommon was dismissed from the suit prior to trial. Following a bench trial, the lower court held that plaintiff's negligence was greater than that of the defendant and that plaintiff proximately caused her own injuries. Because we do not find that the evidence preponderates against the trial court's determination, we affirm the judgment dismissing plaintiff's case.

Shelby Court of Appeals

Gertrude Jackson and Josephine J. Johnson, v. Helen Patton, Executrix of the Estate of Jennie Mai Jackson, Deceased.
01A01-9511-CH-00528
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Henry Denmark Bell

The captioned executrix has appealed from a non-jury judgment of the Chancery Court that a will dated April 6, 1989 is the true, whole and last will and testament of Jennie Mai Jackson, deceased.

Williamson Court of Appeals

Oak Highlands Homeowners' Association, Inc., v. Continental Development and Construction, Inc. and Nicholas S. Psillas
01A01-9511-CH-00535
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor C. Allen High

The captioned plaintiff has appealed from the non-jury dismissal of its suit to enforce restrictions and has presented the following issues for review:

Davidson Court of Appeals

Jimmy Arnold v. Tennessee Board of Paroles, et al., - Concurring
01-A-01-9508-CH-00375
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor C. Allen High

The Chancery Court of Davidson County dismissed the appellant’s Petition for Writ of Certiorari to review the Parole Board’s denial of parole. We affirm because we find that the petition in the lower court does not contain any  allegations which show that the Board acted illegally, arbitrarily, or in excess of its jurisdiction.

Davidson Court of Appeals

James Michael Gee v. Amy Elizabeth (Mischell) Gee - Concurring
01-A-01-9509-CH-00427
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Chancellor Alex W. Darnell

The captioned defendant has appealed from a partial judgment which resolved some, but not all, of the issues in this divorce case. The judgment is not a final judgment appealable as of right, and is subject to revision by the Trial Court at any time before all issues are determined. T.R.A.P. Rule 3(a).

Montgomery Court of Appeals