APPELLATE COURT OPINIONS

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Reba V. Davis and Tyler Wayne Davis, by next friend, Reba V. Davis, v. Harriman City Hospital, the City of Harriman, et al.

03A01-9701-CV-00016

This is a medical malpractice case. Plaintiff, Reba V. Davis brought suit, individually and on behalf of her infant son, Tyler, against Dr. Elbert Cunningham, Harriman City Hospital and the City of Harriman, for injuries sustained by Tyler shortly after his birth. After reaching a settlement with Dr. Cunningham, the physician who delivered Tyler, Ms. Davis amended her complaint to include allegations of negligence against the attendant Harriman City Hospital nurses.

 

Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Russell E. Simmons, Jr.
Roane County Court of Appeals 07/02/97
Kathy L. Moyers, v. Roald A. Moyers

01A01-9612-CV-00556

This appeal followed a long course of post-divorce litigation that prevented the parties from enjoying the peace that should have come from the dissolution of their unhappy marriage. The trial court found the husband guilty of five counts of criminal contempt for failing to comply with the court’s orders regarding division of marital property and payment of alimony in solido, and ordered him to serve ten days in jail for each count. On appeal we reverse the trial court as to four of the five counts.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Muriel Robinson
Davidson County Court of Appeals 07/02/97
Anthony P. Guiliano v. Cleo Inc. - Concurring

02A01-9608-CV-00201

This is a breach of an employment contract case. Defendant, Cleo, Inc. (Cleo), appeals the order of the trial court granting summary judgment in favor of plaintiff, Anthony P. Guiliano (Guiliano).

Authoring Judge: Judge W. Frank Crawford
Originating Judge:Judge James E. Swearengen
Shelby County Court of Appeals 07/01/97
Lorraine Burton Spears Marcus vs. Trent Wright Marcus - Concurring

02A01-9611-CH-00278

This case is a procedural quagmire. The dispositive issue on appeal, though not of the merits, of the case, is whether the Chancellor was correct in declining to assume jurisdiction of it.

Authoring Judge: Judge William H. Inman
Originating Judge:Chancellor Floyd Peete
Shelby County Court of Appeals 07/01/97
Wilson vs. Wilson

03A01-9610-CH-00322
Blount County Court of Appeals 06/30/97
Flanagan vs. Flanagan

03A01-9612-GS-00404
Court of Appeals 06/30/97
Cannon vs. Cannon

03A01-9702-CV-00059
Blount County Court of Appeals 06/27/97
Jere Rogers, et ux vs. Mark Davis, et al

02A01-9610-CH-00258

Originating Judge:Homer W. Bradberry
Fayette County Court of Appeals 06/27/97
Robert & Frances Pilgrim vs. Edward Frazier

02A01-9611-CV-00294

Originating Judge:Joe G. Riley. Jr.
Dyer County Court of Appeals 06/27/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 06/27/97
Cinda Kay Cantrell vs. James Clarence Cantrell & Marie Loya

01A01-9603-CV-00091

Originating Judge:Marietta M. Shipley
Davidson County Court of Appeals 06/27/97
James Thigpen vs. First City Bank

01A01-9603-CV-00095

Originating Judge:Don R. Ash
Rutherford County Court of Appeals 06/27/97
Emma Crowe vs. James Craig, et al

02A01-9612-CV-00297

Originating Judge:Whit A. Lafon
Madison County Court of Appeals 06/27/97
Shava Lynn Kendrick vs. Larry Bert Kendrick

M2004-00540-COA-R3-CV
This case involves a father's efforts to protect his children from their mother's sexually abusive relatives. When the mother filed for divorce in the Chancery Court for Houston County, she also filed a notice of intent to relocate with the children to the State of New York to be closer to her family, including a stepfather who had sexually abused and raped her when she was a child. Following a bench trial, the trial court declared the parties divorced, designated the mother as the primary residential parent, and permitted the mother to move to the State of New York with the parties' children. The father has appealed, arguing first that the trial court's custody and relocation decisions have exposed the children to an unreasonable risk of sexual abuse and second, that the trial court erred by refusing to designate which of the parties should be permitted to claim the children as tax exemptions. We have determined that the trial court erred by allowing the mother and the children to move to the State of New York without sufficient proof regarding their safety. We have also concluded that the court erred by refusing to address the parties' tax exemption issues.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Leonard W. Martin
Houston County Court of Appeals 06/26/97
Diane Watters vs. William Watters & General Mills

02A01-9511-CH-00254

Originating Judge:Floyd Peete, Jr.
Shelby County Court of Appeals 06/24/97
Gerald White/White Trucking vs. Aquarius Industries, Inc.

02A01-9605-CV-00129

Originating Judge:Mcginley
Hardin County Court of Appeals 06/23/97
02A01-9508-CV-00176

02A01-9508-CV-00176

Originating Judge:Dick Jerman, Jr.
Crockett County Court of Appeals 06/20/97
Dillon vs. State

01A01-9701-BC-00020
Davidson County Court of Appeals 06/20/97
John Wolfe vs. First American Corp.

02A01-9510-CV-00212

Originating Judge:Whit A. Lafon
Madison County Court of Appeals 06/20/97
Mattie Bedford vs. Margaret Culpepper, et al

02A01-9604-CH-00085

Originating Judge:C. Neal Small
Shelby County Court of Appeals 06/20/97
State Farm Ins. vs. Gill

01A01-9701-CV-00010

Originating Judge:Tyrus H. Cobb
Bedford County Court of Appeals 06/20/97
Albert Milam/Tina Milam vs. Franklin Wilson

02A01-9607-CV-00167
Shelby County Court of Appeals 06/20/97
Nickolas Price, et al vs. Christian Price

02A01-9609-CH-00228

Originating Judge:Floyd Peete, Jr.
Shelby County Court of Appeals 06/20/97
Bobbie & Willie Byrd vs. First Tennessee Bank

02A01-9610-CV-00252
Court of Appeals 06/20/97
Robins vs. Flagship Airlines, Inc. & AMR Corp

01A01-9612-CV-00550

Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 06/20/97