APPELLATE COURT OPINIONS

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Denicia Wills v. Russell Wills

M2002-02167-COA-R3-CV
This case involves an appeal from an order of the trial court modifying the father's child support obligation and denying the father's request for change of custody. We affirm in part, reverse in part, and remand.
Authoring Judge: Judge David R. Farmer
Originating Judge:C. L. Rogers
Sumner County Court of Appeals 09/25/03
Armand Salvatore vs. Baron Corp.

E2002-01978-COA-R3-CV
Following the termination of his employment, Armand M. Salvatore sued two corporations and six limited partnerships, as well as Miles E. Cullom, Jr., who was a stockholder, director, and president of the corporations, and who was also a limited partner in each of the limited partnerships, for salary, fees, and commissions allegedly due him under the terms of a written employment agreement. He also sued the defendant Cullom for statutory treble damages in tort for interference with his employment contract. Following a bench trial, the court below held that Salvatore, at the time of his termination, was employed under a renewed one-year employment contract. Pursuant to this holding, the trial court awarded him the remainder of his base salary for the second year of his employment. Salvatore appeals, contending that the trial court erred when it failed to award him salary for two additional years, fees, commissions, and treble damages. The defendants, on the other hand, claim that Salvatore is not entitled to the salary awarded to him by the trial court. We modify the trial court's judgment to increase Salvatore's award by $20,500. As modified, the judgment is affirmed.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Daryl R. Fansler
Knox County Court of Appeals 09/23/03
Betty Bryant vs. Roy Bryant

E2002-02201-COA-R3-CV
In this divorce case, the trial court dissolved a marriage of over 36 years; divided the parties' marital property; and denied the request of Betty J. Bryant ("Wife") for attorney's fees. Wife appeals, arguing that the division of marital property is not equitable. Her argument is predicated primarily upon the assertion that her spouse, Roy C. Bryant ("Husband"), dissipated the marital assets as a result of his gambling activities. In addition, Wife contends that the trial court erred in refusing to award her attorney's fees. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John D. Mcafee
Claiborne County Court of Appeals 09/23/03
Lori Bates v. Joseph Bates

M2002-02037-COA-R3-CV
This is an appeal from a final decree of divorce, involving issues of appreciation involving Husband's property, award of attorney fees, and division of marital property and debt. Husband appeals. We affirm as modified herein and remand for such further proceedings as may be necessary.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Carol A. Catalano
Robertson County Court of Appeals 09/22/03
John Doe 1 v. Roman Catholic Diocese of Nashville

M2001-01780-COA-R3-CV
This appeal involves claims of intentional infliction of emotional distress through outrageous conduct. John Doe 1, his mother, and John Doe 2 seek to hold the Roman Catholic Diocese of Nashville liable for injuries caused by the alleged outrageous conduct of the Diocese in its dealings with Edward McKeown, a former priest, who sexually molested John Doe 1 and John Doe 2 a number of years after his affiliation with the Diocese ended. The trial court granted the Diocese's summary judgment motion, finding the Does had failed as a matter of law to satisfy the threshold requirements for stating a claim for the tort of outrageous conduct. The plaintiffs appeal that decision. Because we find the summary judgment motion was properly granted, we affirm the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 09/22/03
Trinity Industries v. McKinnon Bridge

M2002-02713-COA-R3-CV
In this case, appellant-contractor for construction of a bridge entered into a contract with appellee-subcontractor for the fabrication and delivery of structural steel. By virtue of an indemnity clause in the contract, the trial court held the contractor liable to the subcontractor for the amounts expended by the subcontractor in settlement of a lawsuit filed against it and for the expenses incurred in the defense of the lawsuit. Contractor appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 09/22/03
W2003-01180-COA-R3-CV

W2003-01180-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Rita L. Stotts
Shelby County Court of Appeals 09/19/03
Larry Joe Manus v. County of Obion Facility

W2003-00447-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:William B. Acree
Obion County Court of Appeals 09/19/03
W2003-00911-COA-R3-PT

W2003-00911-COA-R3-PT
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Robert W. Newell
Gibson County Court of Appeals 09/19/03
Bobby R. Essary v. John R. Essary

W2003-00299-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:George R. Ellis
Gibson County Court of Appeals 09/19/03
Steve Rogers v. State

M2003-00215-COA-R3-CV
Plaintiff appeals dismissal by the Tennessee Claims Commission of his claim against the State of Tennessee resulting from an alleged assault and battery by a Tennessee State Trooper in the State Capital Building. The Claims Commission dismissed the claim for lack of subject matter jurisdiction, and we affirm the action of the Claims Commission.
Authoring Judge: Judge William B. Cain
Court of Appeals 09/18/03
W2003-00018-COA-R3-CV

W2003-00018-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:George R. Ellis
Haywood County Court of Appeals 09/17/03
Beverly Margaret Breckenridge v. Mary Loretta

W2003-00143-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Dewey C. Whitenton
McNairy County Court of Appeals 09/17/03
W2002-02633-COA-R9-CV

W2002-02633-COA-R9-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Julian P. Guinn
Henry County Court of Appeals 09/17/03
William B. Tanner v. John W. Harris, Jr., Trustee

W2002-02634-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D. J. Alissandratos
Shelby County Court of Appeals 09/17/03
W2003-00697-COA-R3-CV

W2003-00697-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Roy B. Morgan, Jr.
Chester County Court of Appeals 09/17/03
W2002-03053-COA-R3-CV

W2002-03053-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:J. Steven Stafford
Dyer County Court of Appeals 09/17/03
Estelle Frame vs. Kenneth Frame Jr.

W2002-00490-COA-R3-CV
This is a father's appeal of an order which, inter alia, increased a child support obligation based upon the finding of willful and voluntary unemployment. On mother's motion, the appeal is dismissed for failure to timely file a notice of appeal pursuant to Tenn. R. App. P. 4.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Robert L. Childers
Shelby County Court of Appeals 09/16/03
Donald Freeman v. Lynn Freeman

M2002-02558-COA-R3-CV
This appeal involves a former husband's attempt to modify or terminate an alimony award to his former wife because of a change of circumstances. Primarily, husband asserts that he is retired, and his income and assets have been drastically reduced to the extent that he is unable to pay the alimony awarded. Wife filed a petition to hold husband in contempt for his failure to pay the alimony installments accrued. After a non-jury hearing, the trial court dismissed husband's petition and granted wife's petition holding husband in civil contempt of court. Husband appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Muriel Robinson
Davidson County Court of Appeals 09/16/03
Brenda King v. Danny King

M2002-01897-COA-R3-CV
Former Husband sought to accelerate former Wife's repayment of alimony overpayments that accrued between the divorce and this court's modification of the original award of alimony. Former Husband argues the trial court abused its discretion when it did not establish a reasonable repayment plan. Because we find the trial court did not abuse its discretion in fashioning a repayment plan, we affirm the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Marietta M. Shipley
Davidson County Court of Appeals 09/16/03
Charles Larry Honeycutt v. Ann Marie Migliaccio

W2003-00233-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Arnold B. Goldin
Shelby County Court of Appeals 09/16/03
W2003-01162-COA-R9-CV

W2003-01162-COA-R9-CV

Originating Judge:John R. Mccarroll, Jr.
Shelby County Court of Appeals 09/16/03
Cynthia Faye Davis v. Terry Reggie Davis

W2002-02998-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:George R. Ellis
Gibson County Court of Appeals 09/16/03
Ursula Wimpee v. Grange Mutual Casualty Company

W2002-02795-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:John R. Mccarroll, Jr.
Shelby County Court of Appeals 09/15/03
Kassandra Greene vs. Tarry Greene

E2002-02611-COA-R3-CV
The Trial Court granted divorce, divided the marital assets, and assigned debts. The husband has appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:L. Marie Williams
Hamilton County Court of Appeals 09/15/03