COURT OF APPEALS OPINIONS

Honorable Hamilton v. Gayden, Jr., Judge
01A01-9605-CV-00201
Trial Court Judge: Hamilton V. Gayden, Jr.

02A01-9508-CV-00175
02A01-9508-CV-00175

02A01-9604-CH-00091
02A01-9604-CH-00091
Trial Court Judge: Whitenton

03A01-9511-CH-00412
03A01-9511-CH-00412
Trial Court Judge: John S. Mclellan, III

03A01-9511-CV-00410
03A01-9511-CV-00410
Trial Court Judge: Ben K. Wexler

The Honorable Frank v. Williams, Iii
03A01-9602-CH-00071

02A01-9504-CV-00073
02A01-9504-CV-00073
Trial Court Judge: George H. Brown

02A01-9511-CV-00262
02A01-9511-CV-00262
Trial Court Judge: Kay S. Robilio

02A01-9409-CH-00213
02A01-9409-CH-00213
Trial Court Judge: D. J. Alissandratos

01A01-9510-DR-00464
01A01-9510-DR-00464
Trial Court Judge: Burton D. Glover

01A01-9604-CV-00145
01A01-9604-CV-00145
Trial Court Judge: Walter C. Kurtz

01A01-9601-CH-00046
01A01-9601-CH-00046
Trial Court Judge: Irvin H. Kilcrease, Jr.

03A01-9603-CV-00078
03A01-9603-CV-00078
Trial Court Judge: Bill Swann

03A01-9604-CV-00119
03A01-9604-CV-00119

03A01-9605-CV-00163
03A01-9605-CV-00163

02A01-9505-CH-00102
02A01-9505-CH-00102

02A01-9509-CH-00202
02A01-9509-CH-00202
Trial Court Judge: C. Neal Small

02A01-9510-CV-00231
02A01-9510-CV-00231
Trial Court Judge: D'Army Bailey

Wendy Setters individually and as the parent of minors Melanie Ann Setters and Nicole Krystal Setters, v. Permanent General Assurance Corporation
03A01-9605-CV-00161
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge John B. Hagler, Jr.

This is a declaratory judgment action. In the complaint, Wendy Setters (Mrs. Setters) seeks a declaration that an exclusion in her automobile insurance policy is invalid as against public policy; and, alternatively, that the exclusion, due to an ambiguity in the insurance policy, is unenforceable against her. The subject provision excludes the extension of liability coverage to an insured when that person's negligence causes injury to a family member. Relying on this exclusion, the defendant, Permanent General Assurance Corporation (Permanent General), denied coverage with respect to claims asserted by Mrs. Setters individually and on behalf of her children arising solely out of injuries sustained by the children in an automobile accident. The accident was caused, in part, by the negligent driving of her husband. The trial court granted Permanent General's motion for judgement on the pleadings, finding the exclusion to be valid, enforceable and not violative of the public policy" of Tennessee. Plaintiff appeals, raising two issues that present the following questions:

1. Is a provision in an automobile insurance policy excluding coverage for liability to a "family member" violative of the public policy of Tennessee?

2. Is the liability coverage in the subject policy ambiguous so as to warrant a strict constructino against Permanent General?

Grace Thru Faith, v. Tony L. Caldwell, and Tony L. Caldwell and Joann P. Caldwell Trust, v. Edward Irwin and Rebecca Irwin
02A01-9502-CH-00026
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor William Michael Maloan

This is a case involving a trustee’s improper accounting procedures and misuse of funds regarding a trust set up to receive Social Security Insurance payments. At issue is whether Tennessee state courts have subject matter jurisdiction to hear a dispute between a beneficiary and his representative payee over alleged misuse of Social Security benefits. The trial court found it had jurisdiction. We affirm.

Melanie Miller, Ashley Miller Luna, & Gregory Luna v. Gary D. Niblack, M.D., Laboratory Investments Inc., et.al. - Concurring
02A01-9505-CV-00101
Authoring Judge: Judge Farmer
Trial Court Judge: Judge William O'Hearn

This is an action for negligence in the conducting of a paternity test. The  trial court entered summary judgment in favor of the appellees, Gary D. Niblack, M.D., Laboratory Investments, Inc. and Ren Laboratories, Inc. d/b/a Ren Histocompatibility Laboratory, a joint venture, and John Doe. The appellants, Melanie Miller, individually and as next friend for Ashley Miller Luna, a minor, and next friend of Gregory Luna, deceased, have appealed presenting the single issue of whether the trial court erred in doing so. For reasons hereinafter set forth, we affirm in part and reverse in part the  judgment of the trial court.

Zella Balentine, v. Simon White, In Re: Paternity of Ashley Arron Balentine, a Minor
02A01-9508-JV-00190
Authoring Judge: Senior Judge Hewitt P. Tomlin
Trial Court Judge: Judge Max Seaton

Zella Balentine (“plaintiff”) filed a petition in the Juvenile Court of Hardin County seeking to have that court declare Simon White (“defendant”) to be the natural father of the parties’ minor child, Ashley Balentine. The Hardin County General Sessions Court, in its role as Juvenile Court, found defendant to be the father of the child and awarded plaintiff retroactive child support dating back to November 1, 1992. The sole issue on appeal is whether the trial court abused its discretion by not awarding retroactive child support back to the date of the child’s birth. For the reasons stated, we find that the trial court did abuse its discretion. Accordingly, we reverse as to this issue and remand this cause to that court for further proceedings.

Howard A. Woods, v. Mutual of Omaha and CNA Insurance Company, and Eastwood Hospital
02A01-9510-CV-00218
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Robert A. Lanier

Woods filed suit against various defendants; however, the judgment before us enters summary judgment in favor of Omaha only and was rendered final by the trial court in accordance with Rule 54.02 T.R.C.P. Thus, Omaha is the only Appellee for purposes of this appeal. This case concerns the validity of a “Compromise Settlement Release” executed by the appellant, Howard A. Woods (Woods), in favor of the appellee, Mutual of Omaha (Omaha). Woods challenges its validity on the ground of mental incapacity. The trial court entered summary judgment in favor of Omaha  Woods has appealed. For reasons hereinafter expressed, we affirm.

Jimmy E. Smith v. Connie Sue Argo Smith
01A01-9602-GS-00074
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Richard Mcgregor

The counter-plaintiff, Connie Argo Smith, appeals from the Trial Court’s judgment awarding her a divorce on grounds of cruel and inhuman treatment. The Trial Court also awarded her the marital residence and contents, a 1990 Astro Mini Van, and $100,000.00 cash. The Trial Court required the counter-defendant, Jimmy E. Smith, to pay all marital debts including the mortgage on the home. The court also awarded Mr. Smith a farm, commercial property, the “Smart Station” property, a houseboat, a bass boat, a Chevrolet truck, Mercedes automobile, riding mower, tractor, personal effects and unspecified stocks.

Jimmy E. Smith, v. Connie Sue Argo Smith - Concurring/Dissenting
01A01-9602-GS-00074
Authoring Judge: Judge William C. Koch, Jr.

I concur with the majority’s conclusion that the criteria for determining the
validity of antenuptial agreements announced in Randolph v. Randolph, ___
S.W.2d ___, ___ (Tenn. 1996)1 should be applied to reconciliation agreements.
I also agree with the majority’s determination that the reconciliation agreement
involved in this case is not enforceable because Mr. Smith has not demonstrated
by a preponderance of the evidence that he disclosed the value of his interest in
National Sheet Metal Company to Ms. Smith or that Ms. Smith had independent
knowledge of the nature, extent and value of this interest. Accordingly, I agree
that the trial court erred by enforcing the reconciliation agreement.