APPELLATE COURT OPINIONS

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State of Tennessee Department of Human Services, v. Sylvia Fetterolf Ford, and Stanley Fetterolf

01A01-9704-JV-00171

This is an appeal by respondents/appellants, Stanley Fetterolf and Sylvia Fetterolf Ford, from a decision of the Putnam County Juvenile Court terminating their parental rights. Ms. Ford argues petitioner/appellee, State of Tennessee Department of Human Services (“Department”), filed its petition for termination of parental rights in the wrong court and contends the proper venue was the Overton County Juvenile Court which had handled the initial custody proceedings.1 The pertinent facts are as follows.

Authoring Judge: Judge Walter W. Bussart
Originating Judge:Judge John Hudson
Putnam County Court of Appeals 11/14/97
Holloway vs. Collier, Jr.

01A01-9704-CV-00153

Originating Judge:William C. Koch
Court of Appeals 11/14/97
American Color vs. Innovo

01A01-9703-CH-00120

Originating Judge:Alex W. Darnell
Robertson County Court of Appeals 11/14/97
Walter Wills vs. Ray Gill

02A01-9607-CH-00150

Originating Judge:D. J. Alissandratos
Shelby County Court of Appeals 11/14/97
Nelson vs. The Application Group

01A01-9703-CV-00137
Court of Appeals 11/14/97
Holloway vs. Collier, Jr.

01A01-9704-CV-00153

Originating Judge:William B. Cain
Maury County Court of Appeals 11/14/97
O.W. Winsett v. Paul Orr and Mary Orr

02A01-9605-CH-00100

This case involves the alleged breach of an oral contract for the construction of a home. The trial court granted the builder summary judgment. Because some genuine issues of material fact exist, we affirm in part, reverse in part, and remand.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Floyd Peete, Jr.
Shelby County Court of Appeals 11/14/97
American Color vs. Innovo

01A01-9703-CH-00120

Originating Judge:William C. Koch
Court of Appeals 11/14/97
Thomas v. White

01A01-9610-CH-00479

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 11/14/97
Harris Hughes Jr. vs. TN Seeds, et al

02A01-9611-CV-00290

Originating Judge:Dick Jerman, Jr.
Haywood County Court of Appeals 11/14/97
Nelson vs. The Application Group

01A01-9703-CV-00137

Originating Judge:Walter C. Kurtz
Court of Appeals 11/14/97
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Court of Appeals 11/13/97
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Jefferson County Court of Appeals 11/13/97
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Morgan County Court of Appeals 11/13/97
Raymond Morris vs. Voil Morris

02A01-9610-CH-00236

Originating Judge:George R. Ellis
Gibson County Court of Appeals 11/12/97
Jewell Maness vs. Estate of Acie Maness

02A01-9611-CH-00270

Originating Judge:Joe C. Morris
Henderson County Court of Appeals 11/12/97
Lasalle Dudley vs. Raye Dudley

02A01-9705-CH-00104
Shelby County Court of Appeals 11/12/97
Vera Maureen Higgs v. Gayle Lynn Higgs

01A01-9702-CV-00057

Each of the captioned parties filed a notice of appeal from a judgment of the Trial Court
awarding to the plaintiff-wife a divorce on grounds of adultery and inappropriate marital
conduct.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Donald P. Harris
Williamson County Court of Appeals 11/07/97
Maxine Nelson v. The Pacesetter Corporation

01A01-9703-CH-00141

This is a suit for damages for an alleged retaliatory discharge brought pursuant to Tenn. Code Ann. § 50-1-304. As winnowed, the plaintiff alleges that she was discharged because she refused to participate in gambling activities which were illegal under Tenn. Code Ann. § 39-17-501.

Authoring Judge: Senior Judge William H. Inman
Originating Judge:Chancellor Ellen Hobbs Lyle
Davidson County Court of Appeals 11/07/97
International Supply Co., Inc. v. The Warner Group LTD - Concurring

01-A-01-9705-CH-00235

This appeal involves a question of personal jurisdiction over a nonresident corporation. The Chancery Court of Sumner County dismissed the complaint. We affirm.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Tom E. Gray
Sumner County Court of Appeals 11/07/97
James C. Tomlinson and Charles F. McKelvey, v. Edna J. Kelley and Jeanette M. Coke

01A01-9608-CV-00378

This appeal involves a controversy surrounding the appointment of a local city official. The mayor and the city manager of the City of Berry Hill filed a defamation action in the Circuit Court for Davidson County against two city residents who publicly questioned the circumstances surrounding the interim appointment of a member of the Board of Commissioners. The trial court granted the residents’ motion for summary judgment and dismissed the city officials’ complaint. On this appeal, the city officials assert that the trial court should not have granted the summary judgment because the record contains evidence that the residents knew or should have known that their critical statements made to a local newspaper were false. We affirm the trial court.

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Barbara N. Haynes
Davidson County Court of Appeals 11/07/97
Franklin Thomas Burns v. Bernice A. Burns - Concurring

01-A-01-9705-CH-00218

This is an appeal by respondent/appellant, Bernice A. Burns (“Wife”), from the order of the trial court granting Wife and petitioner/appellee, Franklin Thomas Burns (“Husband”), a divorce, dividing the marital property, and granting temporary alimony. Wife complains the court erred when it divided the parties’ property and awarded Wife $400.00 alimony per month for six months. The facts out of which this matter arose are as follows.

Authoring Judge: Judge Walter W. Bussart
Originating Judge:Chancellor Alex W. Darnell
Montgomery County Court of Appeals 11/07/97
Herbert Carson Branum, v. City of Maynardville, Paul Bowman, Bill P. Graves, Russell Gillenwater, Len Padgett, and H.E. Richardson

03A01-9604-CH-00127

Plaintiff Herbert Carson Branum appeals dismissal of his suit against the City of Maynardville and its Commissioners, seeing reinstatement to his position as Water Commissioner and damages for his wrongful discharge, both compensatory and exemplary. He also seeks an order enjoining the Defendants "from any further ultra vires acts against the Plaintiff" based upon his contention that they had violated certain of our State Statutes.

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Chancellor Billy Joe White
Union County Court of Appeals 11/06/97
City of Memphis v. The Civil Service Commission of the City of Memphis and Stanley Shotwell

02A01-9512-CH-00289

This case involves a chancery court review of a decision by a civil service commission. The
commission had ordered the reinstatement of a police officer. The chancery court reversed the
commission’s decision, upholding the termination of the officer’s employment. We affirm the
decision of the chancery court.

Authoring Judge: Judge Holly Kirby Lillard
Shelby County Court of Appeals 11/04/97
Paul Farnsworth, A/K/A Ronnie Bradfield, v. Richard Kenya, et al.

02A01-9707-CV-00145

The plaintiff, Paul Farnsworth a/k/a Ronnie Bradfield, sued defendants Richard Kenya,1 Stephen Dotson and two John Doe defendants. The complaint alleges that Plaintiff is an inmate at the Lake County Regional Correctional Facility (LCRCF), Richard Kenyon is identified as an employee and Stephen Dotson as the associate warden at LCRCF. The complaint alleges that Plaintiff was given permission to marry while incarcerated, wedding plans were formulated but, within less than 24 hours prior to the wedding, he was advised that the wedding was cancelled.

Authoring Judge: Judge David R. Farmer
Lake County Court of Appeals 11/04/97