APPELLATE COURT OPINIONS

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Miller vs. Miller

M1999-00226-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Thomas Goodall
Sumner County Court of Appeals 09/21/98
Stroud vs. Seaton

03A01-9802-CV-00060
Anderson County Court of Appeals 09/18/98
Peggy Arnold vs. Dehoney Inter.

02A01-9803-CV-00075

Originating Judge:Kay S. Robilio
Shelby County Court of Appeals 09/18/98
Godwin Aircraft vs. Wayne Walker

02A01-9708-CV-00187

Originating Judge:Karen R. Williams
Shelby County Court of Appeals 09/15/98
Charles Haynes vs. Robert Conley

02A01-9803-CH-00066

Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Appeals 09/15/98
Brown vs. McMullin, et. al.

01A01-9710-CH-00561

Originating Judge:James L. Weatherford
Lawrence County Court of Appeals 09/14/98
Gleaves vs. Checker Cab Transit & Mosley

01A01-9710-CV-00577

Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 09/14/98
Scott Grahm Hartman, Kay Hartman, his mother and duly qualified conservator and guardian, and Cleon Hartman, v. The University of Tennessee, State of Tennessee, et. al .

01A01-9804-BC-00196

The captioned claimants have appealed from the decision of the Tennessee Claims Commission denying their claim against the State and the University of Tennessee for the catastrophic injury of a student athlete while engaged in athletic activity.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Commission W.R. Baker
Davidson County Court of Appeals 09/14/98
Donegan vs. Donegan

01A01-9709-CH-00469

Originating Judge:James L. Weatherford
Dickson County Court of Appeals 09/14/98
Scott Graham Hartman, Kay Hartment, his mother and duly qualified conservator and guardian, and Cleon Hartman, v. The University of Tennessee, and The State of Tennessee

01A01-9804-BC-00196

The captioned claimants have appealed from the decision of the Tennessee Claims Commission denying their claim against the State and the University of Tennessee for the catastrophic injury of a student athlete while engaged in athletic activity.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Commissioner W. R. Baker
Court of Appeals 09/14/98
Keown vs. Fiddler's Inn, d/b/a: Fiddler's Inn North

01A01-9712-CV-00730

Originating Judge:Barbara N. Haynes
Davidson County Court of Appeals 09/14/98
Dorothy Ahern vs. Robert Ahern

02A01-9708-CV-00190

Originating Judge:D'Army Bailey
Shelby County Court of Appeals 09/11/98
Margaret Haas vs. Michael Haas

02A01-9709-CV-00241

Originating Judge:James E. Swearengen
Shelby County Court of Appeals 09/11/98
Edith Stromatt, v. The Metropolitan Employee Benefit Board of the Metropolitan Government of Nashville and Davidson County, Tennessee

01A01-9707-CH-00354

The appellant in this action is Edith Stromatt, a former employee of the Metropolitan Government of Nashville, Tennessee. When Ms. Stromatt sought disability with the Metropolitan Employee Benefit Board ("the Benefit Board"), she was granted a medical disability pension; however, she was denied the inline- of-duty pension (IOD) that she desired. Ms. Stromatt brought suit in chancery court claiming that the Benefit Board erred in its failure to grant her an IOD pension. She also claims that the Benefit Board denied her the constitutional right to be heard prior to its decision. The trial court agreed with the conclusions of the Benefit Board and dismissed Ms. Stromatt's appeal.

Authoring Judge: Special Judge Walter W. Bussart
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 09/02/98
State of Tennessee v. Marlon Madison -Concurring

01-A-01-9711-CV-00676

The Juvenile Court of Pickett County found a juvenile to be delinquent for selling marijuana to a classmate. He appealed to the Circuit Court, which likewise found him to be delinquent, and placed him on probation with the Department of Childrens’ Services. We reverse the Circuit Court.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge John J. Maddux
Pickett County Court of Appeals 09/02/98
Adolph C. Lavin and Jean Lavin, surviving parents of Troy James Lavin, Deceased, and Adolph C. Lavin, in his capacity as Administrator of the estate of Troy James Lavin, v. Ross Jordon, Susan Jordon, and Sean Jordon

01A01-9709-CV-00455

The plaintiff, Adolph C. Lavin and wife, Jean Lavin, surviving parents of Troy James Lavin, brought this action against Ross and Susan Jordon and their son, Sean Jordon, for the wrongful death of Troy Lavin, who was shot and killed by Sean Jordon. The Trial Judge entered an interlocutory partial judgment on the pleadings limiting the recovery from the parents of Sean Jordon to $10,000.00 pursuant to T.C.A. §§ 37-10-101, 102 and 103 which read as follows:

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Barbara N. Haynes
Davidson County Court of Appeals 09/02/98
Jennifer O. Wilson (Oakley), v. Larry Arnold Wilson

01A01-9707-CV-00325

In a documentary on how to complicate a simple divorce, this case would serve as a highlight film. After the trial court finally entered a final judgment, the parties on appeal argue about the trial judge’s refusal to recuse herself, a pre-nuptial agreement, the division of marital property, the award of attorney’s fees, and certain injunctions involving the custody and visitation with the parties’ minor child. We modify the judgment to give Dr. Oakley a $2,000 credit for her separate property awarded to Mr. Wilson and to make the judgment for attorney’s fees run to Mr. Wilson instead of his lawyer. In all other respects we affirm the judgment below.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Muriel Robinson
Davidson County Court of Appeals 09/02/98
Adolph C. Lavin and Jean Lavin, Surviving Parents of Troy James Lavin, Deceased, and Adolph C. Lavin, in his capacity as Administrator of the estated of Troy James Lavin, v. Ross Jordon, Susan Jordon, and Sean Jordon

01A01-9709-CV-00455

The plaintiff, Adolph C. Lavin and wife, Jean Lavin, surviving parents of Troy James Lavin, brought this action against Ross and Susan Jordon and their son, Sean Jordon, for the wrongful death of Troy Lavin, who was shot and killed by Sean Jordon. The Trial Judge entered an interlocutory partial judgment on the pleadings limiting the recovery from the parents of Sean Jordon to $10,000.00 pursuant to T.C.A. §§ 37-10-101, 102 and 103 which read as follows:

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Barbara Haynes
Davidson County Court of Appeals 09/02/98
Fred E. Dean v. Donal Campbell, et al.

01A01-9711-CH-00672

This case comes to us on appeal from an order dismissing Appellant Dean’s complaint against Appellees, filed apparently under the auspices of 42 U.S.C. § 1983 et seq., alleging violation of civil rights under the color of state authority. The trial court dismissed Mr. Dean’s complaint for failure to specify the capacity of the defendants being sued. For the reasons and under the authorities recited below, we affirm the trial court’s dismissal of Mr. Dean’s claim with prejudice.

Authoring Judge: Judge William B. Cain
Originating Judge:Chancellor Ellen Hobbs Lyle
Davidson County Court of Appeals 09/02/98
Williamson County Broadcasting Company, Inc., and William B. Ornes, v. Intermedia Partners, et al.

01A01-9709-CH-00480

The appellants and appellees have both filed a Petition to Rehear, which we have considered and found to be without merit. It is, therefore, ordered that the petitions be denied.

Authoring Judge: Presiding Judge Henry F. Todd
Williamson County Court of Appeals 09/02/98
James Harrison Jenkins v. Annette Carol Jenkins

01A01-9803-CV-00134

In this case James Harrison Jenkins appeals the action of the trial court in dismissing his petition to modify a final decree of divorce.

Authoring Judge: Judge William B. Cain
Originating Judge:Judge Bobby H. Capers
Macon County Court of Appeals 09/02/98
Longworth vs. Nunez

03A01-9709-CV-00388
Court of Appeals 08/31/98
Harden vs. Danek

03A01-9801-CV-00020
Court of Appeals 08/31/98
American Material Technologies, LLC., vs. City of Chattanooga & Cattanooga City Council & Adams Lithographing Co., et al

E1999-00806-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III
Hamilton County Court of Appeals 08/24/98
John Anderson Kinard vs. Linda Kinard

01A01-9606-CH-00265
Court of Appeals 08/24/98