Court of Appeals Opinions
In the Matter of: Estate of Jim Eden (Deceased), Georgia Bradley, v. Betty Lewis, Agnes Hendsley, and Bertie Carver, Executors 01A01-9501-CH-00005 Authoring Judge: Judge William C. Koch, Jr. Trial Court Judge: Judge Bobby H. Capers This appeal arises from a dispute over a will in which a 93-year-old man left his estate to three of his four surviving daughters. The daughter who was not named in her father’s will challenged the validity of the will after her sisters propounded it for probate in the Chancery Court for Trousdale County. The chancery court transferred the case to the Circuit Court for Trousdale County where a jury found in favor of the will. The daughter who contested the will has appealed. We have determined that no reversible error was committed in the circuit court proceeding and, therefore, affirm the circuit court’s judgment and remand the case to the chancery court for further probate proceedings. |
Trousdale County | Court of Appeals | 11/15/95 | ||
Katherine Montgomery Price v. Thomas Bradley Price - Concurring 01-A-01-9505-GS-00208 Authoring Judge: Judge Samuel L. Lewis Trial Court Judge: Judge Robert P. Hamilton The sole issue presented by the appellant is: "Did the trial court err by awarding custody of the appellant's minor child to a third party?" |
Wilson County | Court of Appeals | 11/15/95 | ||
Jerry D. Adcock and wife, Nancy M. Adcock, v. James F. Witcher, Jr. 01A01-9505-CH-00220 Authoring Judge: Judge Samuel L. Lewis Trial Court Judge: Chancellor Robert S. Brandt This is an appeal by plaintiffs/appellants, Jerry and Nancy Adcock, from the judgment of the trial court in favor of defendant/appellee, James F. Witcher. |
Davidson County | Court of Appeals | 11/15/95 | ||
Delo Brock, v. Tennessee Department of Corrections 01A01-9503-CH-00078 Authoring Judge: Judge Ben H. Cantrell Trial Court Judge: Chancellor Robert S. Brandt The Chancery Court of Davidson County dismissed the appellant's petition for declaratory judgment, filed pursuant to Tenn. Code Ann. § 4-5-223, to review the Department of Correction's calculation of the credits due on his prison sentences. The chancellor concluded that the appellant had failed to exhaust his administrative remedies. |
Davidson County | Court of Appeals | 11/13/95 | ||
Lisa Jones, Charlotte Tackett, and Jenetta Brock, v. James Davenport, Commissioner, Tennessee Department of Employment of Security and Lake City Health Care Center 03A01-9506-CH00187 Authoring Judge: Judge Herschel Pickens Franks Trial Court Judge: Judge Billy Joe White Appellants' appeal from the Chancellor's determination that the denial of unemployment benefits was properly based on the employees' misconduct connected with their work.
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Court of Appeals | 11/10/95 | |||
Nancy K. Wheeler Poyner, v. Alden Dennis Poyner 01A01-9503-CH-00116 Authoring Judge: Judge Alan E. Highers Trial Court Judge: Chancellor Leonard W. Martin This is a divorce case in which the Wife appeals the trial court's division of marital property and the court's award of custody to the Husband. |
Humphreys County | Court of Appeals | 11/09/95 | ||
Terry LaClaire (Smith) Martin, v. Ray Willard Martin 01A01-9507-GS-00292 Authoring Judge: Judge Ben H. Cantrell Trial Court Judge: Judge Robert P. Hamilton The General SessionsCourt of Wilson County granted the wife a divorce after a six month marriage. The court ordered the marital residence sold and the wife paid $2,000 for her attorney's fees and $10,000 to equalize her equity in the property. After the deductions, the balance of the equity was to be split evenly between the parties. |
Wilson County | Court of Appeals | 11/09/95 | ||
Marika Petra Vickers, v. Nicholas Scinta 01A01-9507-CH-00281 Authoring Judge: Presiding Judge Henry F. Todd Trial Court Judge: Chancellor Alex W. Darnell This is a suit to register and enforce a foreign divorce decree. The only issue on appeal is the proper amount of the judgment for delinquent child support. |
Montgomery County | Court of Appeals | 11/09/95 | ||
The Wright Jeweler's, Inc., v. Farmer's Fund Insurance Company, D/B/A The American Insurance Company 02A01-9409-CV-00202 Authoring Judge: Presiding Judge W. Frank Crawford Trial Court Judge: Judge Janice M. Holder This is a declaratory judgment action to determine coverage under aninsurance policy. Plaintiff, Wright Jewelers, Inc., appeals from the order of the trial court denying its motion for summary judgment and granting summary judgment to defendant, Firemen's Fund Insurance Company, d/b/a The American Insurance Company. |
Court of Appeals | 11/08/95 | |||
Strings & Things, v. State Auto Insurance Companies 02A01-9408-CH-00195 Authoring Judge: Presiding Judge W. Frank Crawford Trial Court Judge: Chancellor Neal Small This appeal involves a suit to recover on a policy of insurance covering employee dishonesty. Plaintiff, Strings & Things in Memphis, Inc., appeals from the judgment of the chancery court in a nonjury trial that dismissed its suit against defendant, State Auto Insurance Companies. The only issue on appeal is whether the evidence preponderates against the findings of the chancellor. |
Shelby County | Court of Appeals | 11/08/95 | ||
Daniel H. Caldwell v. Jimmy L. Fishburn and Brenda Fishburn - Concurring 03A01-9507-CH-00218 Authoring Judge: Judge Clifford E. Sanders Trial Court Judge: Chancellor Chester S. Rainwater, Jr. The Defendant, Brenda Fishburn, has appealed from an order denying her motion to set her counterclaim for trial. The motion was filed more than two years after an order had been entered dismissing the counterclaim and approximately 18 months after an agreed compromise decree had been entered dismissing the claims of all parties to the litigation. |
Sevier County | Court of Appeals | 11/07/95 | ||
Nathaniel Lillard and wife Pelinda Lillard, v. Richard H. Pinckley and Courier Printing Co., Inc. 01A01-9506-CV-00268 Authoring Judge: Judge William C. Koch, Jr. Trial Court Judge: Judge Barbara N. Haynes This appeal involves the dismissal of a nine-year-old personal injury action stemming from a collision between a truck and an automobile that was part of a funeral procession. The driver of the automobile and his wife filed suit in the Circuit Court for Davidson County against the owner and driver of the truck. Following two non-suits, the plaintiffs filed their third complaint more than five years after taking their first non-suit. The trial court granted the defendants’ motion for summary judgment based on the statute of limitations. The plaintiffs assert on this appeal that the trial court’s decision is inconsistent with the “spirit” of the savings statute as recently construed by the Tennessee Supreme Court. We affirm the summary judgment and also find that this appeal is frivolous. Accordingly, we remand the case for the determination of damages for a frivolous appeal. |
Davidson County | Court of Appeals | 11/05/95 | ||
C.A. Hobbs, Jr., Inc., v. David Brainard, Susan B. Reyes, and Carol B. Ham 01A01-9506-CV-00236 Authoring Judge: Judge Samuel L. Lewis Trial Court Judge: Judge James E. Walton This is an appeal by defendants/appellants from the trial court's order granting plaintiff/appellee's motion for summary judgment and the resulting judgment entered in favor of plaintiff/appellee, C.A. Hobbs, Jr., Inc. ("Hobbs"). |
Montgomery County | Court of Appeals | 11/03/95 | ||
Joseph F. Mansfield, v. Deborah Ann Wills Mansfield 01A01-9412-CH-00587 Authoring Judge: Judge William C. Koch, Jr. Trial Court Judge: Judge Henry Denmark Bell This appeal involves a divorce that ended a brief, unhappy marriage. Both the husband and the wife sought a divorce in the Chancery Court for Williamson County. The trial court, sitting without a jury, declared the parties divorced and directed the husband to pay certain pre-divorce debts and to continue making pendente lite support payments until the wife received her share of the increase in the parties’ net worth during the marriage. The trial court later ordered the husband to pay the wife an additional $4,405 for the legal expenses she incurred to compel compliance with her discovery requests. The husband insists on this appeal that the trial court should not have required him to assume the debts the wife incurred prior to the divorce or to pay the wife’s discovery-related legal expenses. We have determined that the evidence supports the trial court’s decision on both issues and, therefore, affirm the judgment |
Williamson County | Court of Appeals | 11/03/95 |