APPELLATE COURT OPINIONS

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W2002-01754-COA-R3-CV

W2002-01754-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George R. Ellis
Crockett County Court of Appeals 10/31/02
In the matter of S.M.S.

W2001-02999-COA-R3-JV
This appeal arises from a child custody proceeding. The juvenile court granted custody to the mother. This appeal ensued. For the following reasons, we remand for further findings of fact.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Harold W. Horne
Shelby County Court of Appeals 10/31/02
Hickman vs. Lynn Brown

E2002-02020-COA-R3-CV
Plaintiff charged a Trial Judge with violating Plaintiff's civil rights by assessing him with court costs in another case. The Trial Judge dismissed the action. We Affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas J. Seeley, Jr.
Johnson County Court of Appeals 10/31/02
State ex rel. Quinn Johnson vs. Mike Holm

W2002-00965-COA-R3-CV
This is an appeal of a denial of a petition for a common law writ of certiorari. The petition was filed by a prisoner seeking review of two decisions against him by the prison disciplinary board. Because the petition was filed more than sixty days after the first decision, we have no jurisdiction to address the issues presented regarding that decision. The petition was timely filed in regards to the second decision against Appellant, but we find no merit in Appellant's contentions and affirm the ruling of the trial court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Jon Kerry Blackwood
Hardeman County Court of Appeals 10/31/02
Eddie Williams vs. Dept of Corrections

E2002-00306-COA-R3-CV
In this appeal from the Chancery Court for Morgan County the Petitioner/Appellant, Eddie Williams, Jr., contends that the Trial Court erred in dismissing his petition for writ of certiorari for failure to appear and prosecute. We vacate the judgment of the Trial Court and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Frank V. Williams, III
Morgan County Court of Appeals 10/31/02
In the Matter of: T.K.C., T.J.C., C.B.W., T.S.W., T.S.C.

W2001-03017-COA-R3-JV
This is a termination of parental rights case. The mother, Tonza Williams, appeals the order of the juvenile court terminating parental rights to her five children. For the reasons hereinafter stated, we affirm the juvenile court order.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Harold W. Horne
Shelby County Court of Appeals 10/31/02
Hansen vs. Steven W. Bultman, et al

E2001-02664-COA-R3-CV
In this jury case, the trial court remitted to $200,000 the jury's award of $350,000 to Albert Joseph Hansen ("Father"). The trial court's action was based upon its determination that Father had only sued for $200,000. Father appeals, contending that the trial court erred in remitting the jury's award. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Dale C. Workman
Knox County Court of Appeals 10/31/02
Lakewood Park Trusteeship v. Ramsey Johnson

M2002-00244-COA-R3-CV
The trustees of a residential/recreational development sued the owner of a number of lots in the development for failure to pay assessments for several years. The owner appeals arguing there was insufficient proof he received the notices for the years in question. We affirm the trial court's judgment in favor of the trustees.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:John Wiley Rollins
Coffee County Court of Appeals 10/30/02
08-99-0024-CC

08-99-0024-CC

Originating Judge:A. Andrew Jackson
Dickson County Court of Appeals 10/30/02
Christopher Pope v. Dept of Correction

M2001-02937-COA-R3-CV
A prisoner in the custody of the Department of Correction was found guilty of a disciplinary offense and sentenced to punitive segregation. He subsequently filed a Petition for Writ of Certiorari, claiming that he was not afforded due process during the disciplinary hearing at which he was convicted. The trial court dismissed his Petition for failure to state a claim. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 10/30/02
In the Matter of: A.W. & J.W.

M2002-01665-COA-R3-JV
The Juvenile Court of Wilson County terminated the parental rights of both parents to two young daughters. The mother appeals, asserting that the court erred in finding: (1) that the Department of Children's Services made reasonable efforts to reunite the family, (2) that she failed to substantially comply with the goals in the permanency plans, (3) that she failed to remedy the conditions that prevented the children's return to her, and (4) that the best interests of the children required the termination of her parental rights. We affirm the judgment of the juvenile court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Barry Tatum
Wilson County Court of Appeals 10/30/02
John A. Higginbotham v. Anne Cleve

M2002-00899-COA-R3-CV
Anne Cleve appeals, pro se, the action of the trial judge in refusing to set aside a judgment entered against her enforcing a foreign judgment entered in the Circuit Court of Madison County, Alabama. We affirm the action of the trial judge.
Authoring Judge: Judge William B. Cain
Originating Judge:J. B. Cox
Lincoln County Court of Appeals 10/30/02
Penny Taylor v. Christy Sowell

M2002-00535-COA-R3-JV
Christy Sowell appeals an Order terminating her parental rights as to her child, S.P.S. The trial court, finding abandonment by willful failure to support and willful failure to visit the minor child, entered an Order terminating her parental rights. We affirm the action of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Betty K. Adams
Davidson County Court of Appeals 10/30/02
E2002-1237-COA-R3-CV

E2002-1237-COA-R3-CV

Originating Judge:Bill Swann
Knox County Court of Appeals 10/29/02
Basil Marceaux v. Chattanooga Printing

E2001-03072-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:L. Marie Williams
Hamilton County Court of Appeals 10/29/02
Michael Holeman v. Donna Holeman

M2001-00622-COA-R3-CV
After the trial court granted the parties a divorce, awarded them joint custody of their minor child, and granted primary physical custody of Child to Mother for the school year, Father filed a motion to reconsider the custody arrangement. The trial court denied the motion and Father appeals. We affirm the decision of the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Steven C. Douglas
White County Court of Appeals 10/24/02
JWT, L.P. v. Printers Press

M2001-02590-COA-R3-CV
Corporation sought compensatory and punitive damages for losses sustained as a result of neighboring business property owner's erection of a fence across a valid easement immediately adjacent to appellant's business. The chancery court denied corporation's claim for compensatory and punitive damages, but granted injunctive relief. Corporation appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 10/24/02
Marcie Allen v. Rashid Al-Qadir

M2001-03009-COA-R3-CV
This is an appeal from an Order entered on a jury verdict. Plaintiffs sued to set aside a transfer of property to Defendant-purchaser because Plaintiffs had an pre-existing contract on the same property. Plaintiffs also sued the Defendant-seller for specific performance of that pre-existing contract. The Chancery Court entered judgment on the jury verdict, finding, inter alia, that Defendant-purchaser was not a bona fide purchaser for value without notice. The court denied Defendant-purchaser's motions for new trial and to alter or amend. Defendant-purchaser appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:R.E. Lee Davies
Williamson County Court of Appeals 10/24/02
Arlie Bingham vs. John Doles

W2002-00104-COA-R3-CV
This appeal arises from a boundary line dispute. The plaintiff filed suit against the defendant, an adjacent land owner, alleging that a proposed addition to the defendant's home would encroach onto the plaintiff's property. The trial court ruled that defendant had gained title to the disputed property under the doctrines of adverse possession and title by acquiescence. The plaintiff appealed challenging the court's ruling on adverse possession. For the following reasons, we affirm the decision of the trial court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Ron E. Harmon
Hardin County Court of Appeals 10/17/02
Judy Rodriguez v. Metro Gov't. of Nashville

M2001-02500-COA-R3-CV
Municipal employee filed a petition for review of civil service commission order terminating her employment. The chancery court affirmed the order of the commission, finding that the record contained substantial and material evidence to support the termination. The employee has appealed. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 10/16/02
Bruce Martin vs. Beverly Martin

W2002-00819-COA-R3-CV
This is a divorce case. Prior to their marriage, the husband and the wife executed a prenuptial agreement. The agreement stated that upon divorce, if jointly-held property were sold, each party would be credited his or her share of separate property contributed to the purchase of the jointly-held property, with the remaining funds divided according to each party's ownership share. After the parties married, they purchased land with the intention of converting it into a catfish farm. The husband and the wife both contributed financially towards the purchase of the land. Both parties worked full time. The husband used his machinery that he owned separately and expended labor to convert the land to a catfish farm. The wife maintained their home. The parties divorced. At the divorce hearing, the husband argued that, under the terms of the prenuptial agreement, he should be credited for his labor and the use of his heavy machinery to improve the farm land. The trial court declined to do so, and credited the husband and the wife with their respective financial contributions. The parties' personal property was divided equally. The husband appeals, arguing that he should have been credited for his labor and the use of his heavy machinery, and also disputing the division of the personal property. The wife asserts that she should have received a larger percentage of the proceeds from the sale of the property. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Ron E. Harmon
Benton County Court of Appeals 10/16/02
Ginnie Leach vs. Tim Taylor

W2002-01091-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Clayburn L. Peeples
Gibson County Court of Appeals 10/16/02
Jackie Reynolds vs. Tammy Battles

W2002-00031-COA-R3-CV
This is an appeal from on order denying a Tenn. R. Civ. P. 60.02 motion to set aside a default judgment entered in favor of the plaintiffs for $1,200,000. We vacate the order of the trial court and remand for further proceedings.
Authoring Judge: Judge David R. Farmer
Originating Judge:C. Creed Mcginley
Hardin County Court of Appeals 10/16/02
CH-02-0287-3

CH-02-0287-3

Originating Judge:D. J. Alissandratos
Shelby County Court of Appeals 10/16/02
2000-00161-COA-R3-CV

2000-00161-COA-R3-CV

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 10/16/02