COURT OF APPEALS OPINIONS

03A01-9507-GS-00217
03A01-9507-GS-00217
Trial Court Judge: Inman

Court of Appeals

Duncan v. Crawford, Maryville, For The Appellant.
03A01-9507-PB-00230
Trial Court Judge: Inman

Court of Appeals

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

Court of Appeals

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

Court of Appeals

The Metropolitan Gov. of Nashville and Davidison County, Tennessee and The Metropolitan Nashville Airport Authority v. Overnite Transportation Company - Concurring
01-A-01-9503-CV-00089
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Hamilton Gayden

This is an appeal by the petitioners/appellants, Tennessee State Department of Transportation ("TDOT") and Metropolitan Nashville Airport Authority ("MNAA"), from a jury verdict and judgment valuing four acres of  condemned property owned by the respondent/appellee, Overnite Transportation Company ("Overnite"), at $1,759,578.10.

Davidson Court of Appeals

Forrest City Grocery Company, v. Tennessee Department of Revenue
01A01-9505-CH-00198
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor C. Allen High

The plaintiff, Forrest City Grocery Company, filed a declaratory judgment action in the Chancery Court of Davidson County alleging that the Unfair Cigarette Sales Law violates (1) the Sherman Antitrust Act, and (2) the plaintiff's right to due process. The chancellor found the issues in favor of the statute and dismissed the complaint. We affirm.

Davidson Court of Appeals

Bellsouth Advertising & Publishing Corporation, v. Reuben Bonilla and Marco Bonilla, Partners, D/B/A Car Stereo Shop and Mobile Phone
01A01-9505-CH-00213
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Robert S. Brandt

One of the captioned defendants, Reuben Bonilla, has appealed from the judgment of the Trial Court overruling his motion to set aside a default judgment in favor of the captioned plaintiff. The notice of appeal states: Notice is hereby given that Reuben Bonilla, defendant named herein, hereby appeals to the Court of Appeals from the order entered in this cause on the 21st day of November, 1994.

Davidson Court of Appeals

State of Tennessee, ex rel., Claudia Agee, v. J.C. Chapman, Jr.
01A01-9506-CV-00231
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Muriel Robinson

This is an appeal from a judgment of the lower court finding the respondent in contempt for failing to pay child support. The lower court sentenced the respondent to six months in jail but allowed him to remain free if he complied with the court's current support order and remained within the state. On appeal, the respondent argues that he had no notice of the original support order, that he was not given proper notice of the contempt charges, that the trial judge improperly denied his request for a jury, and that the trial judge erred in denying him the right to leave the state. In accordance with the following opinion we reverse the lower court's sentence for contempt and its injunction against leaving the state. Otherwise, we affirm.

Davidson Court of Appeals

03A01-9507-CH-00212
03A01-9507-CH-00212

Anderson Court of Appeals

03A01-9505-CV-00153
03A01-9505-CV-00153

Court of Appeals

02A01-9407-CV-00161
02A01-9407-CV-00161
Trial Court Judge: James E. Swearengen

Shelby Court of Appeals

02A01-9407-CV-00169
02A01-9407-CV-00169
Trial Court Judge: Darrell Blanton

Shelby Court of Appeals

02A01-9404-CV-00077
02A01-9404-CV-00077
Trial Court Judge: D'Army Bailey

Shelby Court of Appeals

02A01-9410-CH-00235
02A01-9410-CH-00235
Trial Court Judge: D. J. Alissandratos

Shelby Court of Appeals

Bessie Lee King v. Davidson (NMN) Taylor - Concurring
02A01-9504-CV-000
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge D'Army Bailey

This appeal arises out of a paternity action filed by the Plaintiff-Appellee, Bessie Lee King, against the Defendant-Appellant, Davidson Taylor, to establish the paternity of King's minor child, Davene. The action was originally filed in the Juvenile Court of Memphis and Shelby County, but was transferred to Circuit Court after Mr. Taylor requested a jury trial. Mr.  Taylor, Ms. King, and Davene submitted to a blood test. The sworn blood test results, which accompanied Appellee's motion for summary judgment, established that Mr. Taylor had a 99.65% probability of being Davene's father. Relying on both the blood test and T.C.A. § 24-7-112(b)(2) (Michie 1994), the trial court granted Ms. King's motion for summary judgment. Mr. Taylor appeals the decision of the trial court.

Shelby Court of Appeals

Paula Van Slyke (Fleming) v. Philp Edward Fleming - Concurring
01-A-01-9504-CV-00178
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Muriel Robinson

This case involves the question of whether a custodial parent may claim the benefit of changes in the child support guidelines promulgated after trial on her Petition for Increased Child Support, but before the trial court filed its Final Order. Because those changes were not raised in the  proceedings below, we decline to act on them here. Instead, we remand  the cause to the trial court for further proceedings.

Davidson Court of Appeals

Laura Patricia Cutsinger v. Charles Edward Cutsinger - Concurring
01A01-9504-CV-00148
Authoring Judge: Judge David R.Farmer
Trial Court Judge: Judge Robert W. Wedemeyer

In this divorce case, Charles Edward Cutsinger (Husband) has appealed the trial court's judgment which awarded Laura Patricia Cutsinger (Wife) a thirty percent (30%) interest as a seller in the contract of sale of Husband's chiropractic practice. Husband also has appealed the trial court's ruling which ordered Husband to indemnify Wife for any judgment that might arise as a result of an indebtedness for a pleasure boat purchased during the marriage.

Robertson Court of Appeals

02A01-9409-CV-00174
02A01-9409-CV-00174
Trial Court Judge: James E. Swearengen

Shelby Court of Appeals

02A01-9409-CV-00201
02A01-9409-CV-00201
Trial Court Judge: Wyeth Chandler

Shelby Court of Appeals

02A01-9411-CV-00260
02A01-9411-CV-00260
Trial Court Judge: Janice M. Holder

Shelby Court of Appeals

James R. Fruge and Jane Fruge v. John Doe and Jane Doe
02A01-9408-CV-00198
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge George H. Brown

Defendants-Appellees.This appeal involves a suit seeking recovery under the uninsured motorist provision of a liability insurance policy. Plaintiffs, James R. Fruge and Jane Fruge, appeal from the order of the trial court granting summary judgment to the unnamed defendant-appellee, State Farm Insurance Company.

Shelby Court of Appeals

Jerry Don Lumpkins, v. Belinda Baines Lumpkins
01A01-9401-CH-00034
Authoring Judge: Judge William C.Koch, Jr.
Trial Court Judge: Special Judge Jane W. Wheatcraft

This appeal involves a dispute over child support for two pre-teen boys. Two years after their divorce in the Chancery Court for Sumner County, the parents returned to court seeking resolution of their disputes concerning the custody and visitation arrangements and the amount of child support. A special judge awarded the mother sole custody of the children, modified the father’s visitation schedule, and directed the father to pay child support in accordance with the child support guidelines. The father takes issue on this appeal with the amount of his child support. We have determined that the amount of the father’s child support should be modified to take all his income into consideration.

Sumner Court of Appeals

Sherri Mangrum v. Frank Dean Owens
01A01-9505-CV-00183
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge M. Thomas Taylor, Jr.

The sole question presented by this appeal is whether defendant, Frank Dean Owens, is entitled to share with plaintiff, Sherri Mangrum, the proceeds of a settlement for the wrongful death of their minor daughter,  Lisa Michelle Owens.

Williamson Court of Appeals

Sheryl Lynny Hooke (Thompson) v. Alan Richard Thompson
01A01-9504-CV-00180
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Marietta M. Shipley

This matter concerns the custody of Wayne Nicholas Thompson, II, the minor son of Appellee, Sheryl Lynne Hooke (Thompson) ("Mother") and Appellant, Alan Richard Thompson ("Father"). Both parties sought custody pursuant to separate petitions for divorce.1 The final divorce decree awarded custody to Mother, but stated that Father was to have physical possession of the child during the time period in which Mother underwent treatment for alcoholism. The decree provided that upon Mother's completion of a treatment program, physical possession of Nicholas would revert immediately to her. Father has appealed from the trial court's judgment, challenging both the custody award and the trial court's denial of his request to discover Mother's psychiatric records. For reasons hereinafter expressed, we affirm the judgment.

Davidson Court of Appeals

Mid-State Advertising D/B/A The Nashville Scene, v. Douglas Sarmento
01A01-9504-CV-00157
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge Hamilton Gayden

This appeal involves a suit on a guaranty agreement. Defendant, Douglas Sarmento, appeals from the trial court's order granting plaintiff, Mid-State Advertising, d/b/a "The Nashville Scene," summary judgment. The only issue on appeal is whether the trial court erred in granting summary judgment.

Davidson Court of Appeals