APPELLATE COURT OPINIONS

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Gordon Peters vs. Sharon Peters

02A01-9810-CH-00283

Originating Judge:Joe C. Morris
Madison County Court of Appeals 05/10/99
Annette Willis Clay v. Kerry Clay

02A01-9803-CV-00059

Annette Clay (“Wife” or “Appellant”) appeals the judgment of the trial court which granted a divorce to Annette Clay and Kerry Clay (“Husband” or “Appellee”), awarded to Husband $17,270.00 of Wife’s total retirement benefit, awarded to Wife $212.00 of Husband’s $28,460.80 workers’ compensation settlement, and failed to award any amount of Husband’s workers’ compensation settlement as child support for the parties’ children.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge D'Army Bailey
Shelby County Court of Appeals 05/07/99
Quality First Staffing Services, v. Chase-Cavett Services, Inc., and Personnel Plus, Inc.

02A01-9807-CH-00205

James Richardson (“Richardson”) and James Taylor (“Taylor”), officers and agents 1It is not nec essary tha t the perso n who is c harged with conte mpt b e a party to the underlying proceeding. Tennessee Code Annotated §29-9-102(3) states that a court can inflict punishments for contempts of court for “the willful disobedience or resistance of an y officer of the said courts, party, juror, witness, or any other person to any lawful writ, pro cess, o rder, rule, de cree, or command of sa id courts .” (em phasis added). It is also not necessary that the proceedings out of which the contempt arose be complete. A judgment of contempt fixing punishment is a final judgment from w hich app eal will lie. Hall v . Hall, 772 S.W.2d 432, (Tenn.App. 1989 ); Rules App.Proc., Rule 3(a). 2 of Personnel Plus, Inc. (“Personnel”) appeal the ruling of the trial court holding them in contempt for failure to pay Sixty Seven Thousand Dollars ($67,000.00) owed by Personnel to Quality First Staffing Services (“Quality”) into the Registry of the Chancery Clerk.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor C. Neal Small
Shelby County Court of Appeals 05/07/99
Willie Perry, v. Robert Conley, et al.

02A01-9812-CV-00369

Willie Perry ("Perry" or "Appellant") appeals the judgment of the trial court granting summary judgment to Appellees Robert Conley, et al. ("Appellees").

 

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Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Joseph A. Walker
Court of Appeals 05/05/99
Louis Sullivan (King), v. Allison Grant King, Jr.

01A01-9803-CV-00116

This case involves a mother's post-divorce petition to modify custody. The trial court dismissed the petition and awarded attorney fees to the father's attorney. The mother asserts that circumstances have changed such that it is now in the children's best interests to live with her. We do not find that the mother has made the requisite showing of changed circumstances, and, accordingly, we affirm the decision of the trial court.


Originating Judge:Judge Muriel Robinson
Davidson County Court of Appeals 05/05/99
John C. Tomlinson v. Tennessee Department of Correction - Concurring

01A01-9804-CH-00204

In this appeal, a state prisoner appeals the trial court’s dismissal of his action in which he contends that he is entitled to the benefit of the 1989 Sentencing Reform Act’s allegedly lesser sentences for armed robbery, aggravated rape and aggravated kidnaping rather than the sentences imposed upon him at the time of his convictions in 1983. He also contends he is entitled, as a matter of law, to certain sentence reduction credits. Finally, he contends that, taken together, the downward adjustments of his sentence on the basis of these two contentions would entitle him to immediate release from custody. We affirm the dismissal of the prisoner's petition because it fails to state a claim upon which relief can be granted.

Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 05/05/99
George Weatherby Sickler, III v. Cletus Joy Sickler

01A01-9710-CV-00571

This appeal involves the division of property and the award of alimony as between parties who were married for many years. On appeal, the appellant is challenging the trial court's characterization of certain property as marital property, the trial court's division of the marital estate, and the trial court's failure to award both periodic alimony as well as attorney fees and costs to the wife. The decision of the trial court is affirmed with regard to certain matters and reversed with regard to others.

Authoring Judge: Judge William B. Cain
Originating Judge:Judge Henry D. Bell
Williamson County Court of Appeals 05/05/99
Marybeth Hogan v. George Lawson Yarbro

02A01-9905-CH-00119

This is a post-divorce action. The mother filed a petition to enforce the provisions of the marital dissolution agreement. The agreement provided for payment of attorney’s fees and costs for legal action to enforce the marital dissolution agreement. The trial court denied the mother’s request for attorney’s fees and costs. We reverse and remand.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Joe C. Morris
Madison County Court of Appeals 05/01/99
01A01-9806-CH-00286

01A01-9806-CH-00286

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 04/30/99
Scott vs. Scott

01A01-9806-CH-00272

Originating Judge:Don R. Ash
Rutherford County Court of Appeals 04/30/99
Grover vs. Grover

01A01-9804-CH-00197

Originating Judge:Timothy L. Easter
Williamson County Court of Appeals 04/30/99
The Realty Shop vs. RR Westminster Holding

01A01-9609-CH-00418

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 04/30/99
Polyak vs. Hulen, et al

01A01-9803-CH-00133

Originating Judge:Jim T. Hamilton
Lawrence County Court of Appeals 04/30/99
Brandon vs. Brandon

01A01-9805-CV-00235

Originating Judge:Robert E. Corlew, III
Rutherford County Court of Appeals 04/29/99
Jones vs. Jones

01A01-9806-CV-00298

Originating Judge:Muriel Robinson
Davidson County Court of Appeals 04/29/99
David Tulis vs. Mike Greene

M2000-02844-COA-R3-CV
This is an appeal from the trial court's order dismissing a petition for review of a final agency decision of the Tennessee Department of Safety affirming the denial of petitioner's driver's license renewal. The chancery court affirmed the Order of the Department of Safety denying the application for renewal. Petitioner has appealed. We affirm.
Authoring Judge: Judge W. Frank Crawford
Davidson County Court of Appeals 04/29/99
E.L. Reid vs. State

02A01-9810-BC-00293
Court of Appeals 04/28/99
Jinks vs Jinks

03A01-9807-CV-00212
Court of Appeals 04/28/99
Barri Green vs. Lanny George

02A01-9711-CH-00279

Originating Judge:George R. Ellis
Gibson County Court of Appeals 04/28/99
William Winchester vs. Glenda Winchester

02A01-9802-CV-00046

Originating Judge:Whit A. Lafon
Chester County Court of Appeals 04/28/99
Darrell Phillips vs. Dr Shamshad

02A01-9811-CV-00318

Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Appeals 04/28/99
Clyde Fuller vs. Sheldon Feingold

02A01-9809-CV-00252

Originating Judge:Joseph H. Walker, III
Tipton County Court of Appeals 04/28/99
Phillip Wayne Crocker vs. Patricia L. Taylor Crocker - Concurring

02A01-9801-CH-00014

Patricia Louise Taylor Crocker (“Wife or “Appellant”) appeals the judgment of the trial court which granted divorce to Wife and Phillip Wayne Crocker (“Husband” or “Appellee”); awarded Wife rehabilitative alimony in the amount of $1,000.00 per month for a period of twenty-four (24) months; awarded Wife court costs and attorney’s fees as alimony in solido in the amount of $4,000.00; awarded each party the separate property he/she respectively owned before marriage or inherited during marriage; and divided the property acquired during the marriage as follows:

Wife: 

 1.  Real property located at Three Way in Madison County upon which   Wife’s dancing school business was located. Value $53,500 Debt $37,500

Husband:

1. 33.5-acre Gibson County farm. Value $25,800 Debt $0

2. 115.5-acre Gibson County farm Value $95,200 Debt $95,000

Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor Joe C. Morris
Madison County Court of Appeals 04/28/99
Jerry Mack vs. Civil Serv.

02a01-9807-CH-00215

Originating Judge:Floyd Peete, Jr.
Shelby County Court of Appeals 04/28/99
Warner Dunlap vs. Richard Ayers

02A01-9801-CV-00025

Originating Judge:Dick Jerman, Jr.
Gibson County Court of Appeals 04/23/99