APPELLATE COURT OPINIONS

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Julia Wilkes v. Fred's, Inc.

W2001-02393-COA-R3-CV
Plaintiff slipped and fell on liquid laundry detergent which had spilled in the customer service area in Defendant's store. The jury returned a verdict in favor of the Defendant. We affirm
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert A. Lanier
Shelby County Court of Appeals 08/20/02
Julia Wilkes v. Fred's, Inc.

W2001-02393-COA-R3-CV
Plaintiff slipped and fell on liquid laundry detergent which had spilled in the customer service area in Defendant's store. The jury returned a verdict in favor of the Defendant. We affirm
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert A. Lanier
Shelby County Court of Appeals 08/20/02
State ex rel. Heather Middleton vs. Stanley Cochran

E2002-00164-COA-R3-JV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Suzanne Bailey
Hamilton County Court of Appeals 08/20/02
State ex rel. Heather Middleton vs. Stanley Cochran

E2002-00164-COA-R3-JV
Authoring Judge: Judge David Michael Swiney
Hamilton County Court of Appeals 08/20/02
Phillip Burdett vs. Kathy Burdett

E2002-01071-COA-R3-CV
In this divorce action, the issue is whether the division of marital property by the Trial Court is equitable. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Lawrence H. Puckett
Monroe County Court of Appeals 08/20/02
Christopher Hooven v. Johnnia Hooven

M2001-02108-COA-R3-CV
The wife appeals from the Trial Court's placing primary custody of the parties' minor children with the father. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Stella L. Hargrove
Giles County Court of Appeals 08/20/02
Teresa Lynn Kidwell Atkins v. Ronal Lee Atkins

E2001-02043-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John D. Mcafee
Union County Court of Appeals 08/19/02
Joseph Bolinger vs. Sharon Ann Bolinger

E2002-00103-COA-R3-CV
In this divorce case, the sole issue for our review is whether the Trial Court properly classified three IRAs held by Joseph D. Bolinger ("Husband") as partially marital and partially separate assets. Applying the analysis set forth by the Supreme Court in the case of Langschmidt v. Langschmidt, 81 S.W.3d 741 (Tenn. 2002), we hold that the IRAs, which were funded with premarital assets, should be classified as Husband's separate property. We therefore vacate the Trial Court's judgment that the IRAs are partially marital assets and remand this case.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Conrad E. Troutman, Jr.
Campbell County Court of Appeals 08/19/02
Teresa Lynn Kidwell Atkins v. Ronal Lee Atkins

E2001-02043-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John D. Mcafee
Union County Court of Appeals 08/19/02
Cooper Mgmt. vs. Performa Entertainment.

W2001-01134-COA-R3-CV
This appeal involves a chancery court's decision to hold an enjoined party in both civil and criminal contempt for failing to abide by an injunction. The injunction required the enjoined party to remove a tent structure from certain property within a reasonable time. The enjoined party was also ordered to refrain from placing further encroachments on the property. Following a petition for contempt, the court found that the enjoined party had failed to remove the tent structure within a reasonable time and had, instead, placed more items on the property. Accordingly, the court found the enjoined party in civil and criminal contempt. Under the civil contempt charge, the enjoined party was sentenced to jail until he complied with the court's order. For the criminal contempt charge, the court ordered the party to serve seven days in jail. Five days into the enjoined party's sentence, he complied with the court's order and was released on bond. He now appeals the remaining two days on his sentence. For the following reasons, we affirm in part, reverse in part, and remand this case to the chancery court for further proceedings consistent with this opinion.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert A. Lanier
Shelby County Court of Appeals 08/15/02
Wallace Forsythe v. Timothy Gibbs

M2001-02055-COA-R3-CV
A laborer injured on the job during horseplay initiated by his employer claimed that he was entitled to damages in tort for his employer's actions. The trial court dismissed the suit, ruling that the plaintiff was bound by the exclusive remedy provisions of the Workers' Compensation Statute. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Barbara N. Haynes
Davidson County Court of Appeals 08/15/02
Ronnie Sykes v. Robbie Richardson

M2001-02097-COA-R3-CV
Tenured teacher filed a petition for review of board of education action discharging him from his teaching position. The trial court, the Honorable Don R. Ash, presiding by interchange, upheld the decision by the board of education. Petitioner appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Don R. Ash
Smith County Court of Appeals 08/13/02
Eugene/Mark Selker vs. Russell Savory

W2001-00823-COA-R3-CV
This appeal involves a dismissed claim for malicious prosecution. The plaintiffs in the present action filed their complaint one year and thirty days after a final judgment was issued in the underlying suit. The defendants responded by filing separate motions to dismiss for failure to state a claim. The trial court sustained the defendants' motions, holding that the plaintiffs' claim was barred by the one year statute of limitations. The plaintiffs appealed and now argue that the statute of limitations on their claim did not begin to run until the applicable period for appeal in the underlying litigation expired. For the following reasons, we affirm the decision of the trial court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:John R. Mccarroll, Jr.
Shelby County Court of Appeals 08/13/02
Debra Bolin v. Carl Bolin

M2001-02168-COA-R3-CV
Wife filed for divorce soon after Husband was sentenced to four years in prison for causing the death of Son. The trial court granted Wife the divorce on the grounds of inappropriate marital conduct. The court also determined that section 31-1-106 of the Tennessee Code prohibited Husband from collecting his portion of Son's life insurance policy. We affirm the decision of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Carol A. Catalano
Montgomery County Court of Appeals 08/13/02
James Cone, dec. by next friend Tim Cone v. State

M2001-02242-COA-R3-CV
After his father was killed while crossing railroad tracks located in Sumner County, Tim Cone ("Plaintiff"), as next friend and on behalf of his father James R. Cone, sued the State of Tennessee ("Defendant") in the Claims Commission. Plaintiff claimed Defendant exercised control over the railroad crossing and was responsible for the dangerous condition at that crossing. Plaintiff also claimed Defendant negligently deprived James R. Cone of certain statutory rights. The Claims Commission granted Defendant's motion to dismiss for failure to state a claim upon which relief could be granted holding it did not have jurisdiction over Plaintiff's three claims. Plaintiff appeals. We affirm in part, reverse in part, and remand this case to the Claims Commission.
Authoring Judge: Judge David Michael Swiney
Sumner County Court of Appeals 08/13/02
G.L. Vanhorn v. Dan Webb and Bryant M. Raines D/B/A Mickey's Late Night Party

M2001-00807-COA-R3-CV

This case arises from commercial property leases. The defendants operated a late night dance club on premises leased from the plaintiff. The plaintiff landlord unilaterally terminated the leases, changed the locks, and filed suit to recover for damage to the premises. While several pretrial motions were pending, the trial court scheduled the final hearing. The trial court found that the defendant tenants had a week-to-week oral lease and that the tenants violated the lease by engaging in illegal activity on the premises. On appeal, the defendant tenants argue that they were not given sufficient notice prior to the final hearing. We affirm, because the record does not show that the issues raised on appeal were presented to the trial court.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge Carol L. Soloman
Davidson County Court of Appeals 08/09/02
Clifford W. Russell, et al., v. Susan I. Russell

M2001-00926-COA-R3-CV

This appeal involves a will contest coupled with a suit to construe the same will. The trial court granted summary judgment to the proponent on the will contest and summary judgment to the contestants on the will construction issues. We hold that the issues cannot be resolved on summary judgment and reverse the trial court.

Authoring Judge: Judge William B. Cain
Originating Judge:Frank G. Clement, Jr.
Davidson County Court of Appeals 08/09/02
Elizabeth Ann Baker v. Merrol Hyde, et al.

M2001-01752-COA-R3-CV

Elizabeth Ann Baker ("Plaintiff") is a school teacher. Plaintiff sued Steve Shepard, the principal of her school, and Sheila Pryor, another teacher. Plaintiff also sued Merrol Hyde, the director of Sumner County Schools, and Jeff Helbig, the school system's assistant director. Plaintiff claimed the four defendants ("Defendants") were liable for negligent and intentional infliction of emotional distress and civil conspiracy. In addition to her Answer, Pryor filed a Counter-Complaint against Plaintiff for slander. All four Defendants filed Tenn. R. Civ. P. 12.02(6) Motions to Dismiss. The Trial Court granted Defendants' Motions to Dismiss but did not address Pryor's pending Counter-Complaint. Plaintiff appeals. Because the judgment appealed from is not a final judgment under Tenn. R. App. P. 3, we dismiss and remand.

Authoring Judge: Judge David Michael Swiney
Originating Judge:Chancellor Thomas E. Gray
Sumner County Court of Appeals 08/07/02
Gallatin Housing Authority v. Rebecca and Dionisio Montesillo and Gallatin Housing Authority v. Margarita Flores

M2001-02260-COA-R3-CV

This appeal arises from two detainer warrants issued on behalf of appellee Gallatin Housing
Authority (hereinafter, "GHA"), in the General Sessions Court for Sumner County against the
appellants, public housing tenants. The cases were consolidated when appellants appealed to the Circuit Court of Sumner County. The Circuit Court entered an order restoring possession of the properties to GHA, finding that the termination of the leases was based on the appellants' theft of cable services, a lease violation that was not eligible for certain grievance procedures that might otherwise be necessary for the termination of a public housing lease. After appealing the Circuit Court's decision, appellants obtained a stay which allowed them to remain in possession of the properties while their case was pending. Shortly thereafter, appellants entered into new leases with GHA. These new leases contained no terms reserving GHA's right to evict appellants in the event that their appeal failed. We find that the new leases extinguished GHA’s right to evict the appellants for their breach of the prior lease. We therefore reverse the decision of the trial court and remand this cause with instructions to vacate its order restoring possession to GHA, and to dismiss GHA's cause against the appellants.

Authoring Judge: Judge Thomas W. Brothers
Originating Judge:Judge C. L. Rogers
Sumner County Court of Appeals 08/07/02
State of Tennessee v. Kristopher Roberts

W2001-01702-COA-R3-JV

This case involves a juvenile's appeal from an adjudication of delinquency. The jury found that the juvenile was guilty of disorderly conduct as a result of his actions at the Tipton County School Board building. The jury also found the juvenile guilty of assault and resisting arrest due to his actions in the Juvenile Court of Tipton County. We affirm the jury's verdict.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Joseph H. Walker, III
Tipton County Court of Appeals 08/06/02
America Online v. Commissioner of Revenue

M2001-00927-COA-R3-CV
The Chancery Court of Davidson County granted summary judgment to America Online, Inc. on the Commissioner of Revenue's claim that AOL's activities in this state gave it a sufficient nexus to subject it to state taxes. Because we find that this question is fact-specific and that the record does not show that AOL is entitled to a judgment as a matter of law, we reverse.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 07/30/02
Rocky Hitson v. Dept. of Correction

M2001-02903-COA-R3-CV
This appeal involves a dispute between a prisoner and the Department of Correction regarding a disciplinary hearing held at the Northeast Correctional Complex in Mountain City. The prisoner filed a petition for writ of certiorari in the Chancery Court for Davidson County alleging that he had been substantially prejudiced by the Department's failure to follow its disciplinary rules. The trial court, relying on Sandin v. Conner, 515 U.S. 472, 115 S. Ct. 2293 (1995), granted the Department's Tenn. R. Civ. P. 12.02(6) motion and dismissed the petition. The petitioner has appealed. We have determined that the trial court's order should be vacated and remanded for further consideration in light of Willis v. Tennessee Dep't of Corr., ___ S.W.3d ___, 2003 WL 22019138 (Tenn. Aug. 27, 2003).
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 07/30/02
Randy Hensley v. Dept of Correction

M2001-02343-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 07/30/02
Randy Hensley v. Dept of Correction

M2001-02343-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 07/30/02
Jeffrey Simmons v. Gath Baptist Church

M2001-02511-COA-R3-CV
A man arrested for child sexual abuse brought an action against the church he once worked for, as well as against the Department of Children's Services and other governmental agencies, claiming that his arrest was procured by illegal or unconstitutional means. The trial court dismissed the action for failure to state a claim for which relief can be granted, and the passing of the Statute of Limitations. The court further held that the defendant governmental entities were immune from civil liability. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Charles D. Haston, Sr.
Warren County Court of Appeals 07/30/02