APPELLATE COURT OPINIONS

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Keith Hardware, Inc. v. Douglas L. White and Carolyn L. White - Concurring

03A01-9610-CH-00339

The issue on this interlocutory appeal granted pursuant to T. R. A. P. Rule 9, is whether the lease between the parties is too broad to be enforceable, as was held by the Trial Court.

Authoring Judge: Judge Herschel P. Franks
Originating Judge:Chancellor Lewis W. May
Washington County Court of Appeals 06/06/97
Crystal M. Trueitt v. Alan A. McCurry and Carmen Y. Silvels, v. Alan A. McCurry

03A01-9612-CV-00399

Crystal M. Trueitt and Carmen Y. Silvels, individually and as mother and next friend of Christopher M. Silvels, a minor,2 appeal jugements rendered in heir favor in the Circuit Court for Hamilton County in the amount of $1,033.36, $1,004.60, and $98.50, respectively.

 

Authoring Judge: Presiding Judge Houston P. Goddard
Originating Judge:Judge Samuel H. Payne
Hamilton County Court of Appeals 06/06/97
Corbin Dale Meador, v. Linda J. Meador

03A01-9612-CV-00405

The controversy presently on appeal attacks a judgment entered in a post-divorce petition for contempt, wherein Linda J. Meador seeks to recover property she contends was awarded he i the divorce decree and to find her fomer husband, Corbin Dale Meador in contempt of court for refusing to deliver the property to her.

 

Authoring Judge: Judge Robert M. Summitt
Originating Judge:Presiding Judge Houston P. Goddard
Hamilton County Court of Appeals 06/06/97
Casey Lynn Burgess, v. Brenda Lea (Burgess) Welch

03A01-9703-PB-00077

By this appeal Casey Lynn Burgess insists that the Trial Court was in error in dismissing his petition for change of custody of his two children, custody of whom by the divorce decree was awarded to Ms. Welch.

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge John A. Bean
Cumberland County Court of Appeals 06/06/97
Gladstone Ralph Hobbs v. Mollie Jane Hobbs - Concurring

03A01-9702-CV-00063

This is a divorce action. The defendant (wife) assertson this appeal, among other things, that the trial court abused its discretion in denying a continuance of the trial. The record reflects that there was a great deal of confusion as to the way and manner the case was set for trial because of the resignation of the former Circuit Judge. The wife's counsel claims to have had no notice of the trial date until the day the case was set for trial. On that date, he applied to the court for a continuance. The court continued the case until the following morning at 7:00 a.m. Prior to the trial, the court allowed the wife's attorney to make a motion for a continuance on the record, with a written motion, to be filed as exhibit No.1. Counsel's affidavit supporting the motion for a continuance was allowed to be filed as exhibit 2.

Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Chester Mahood
Greene County Court of Appeals 06/06/97
Brian Grant vs. Tonya Grant

02A01-9603-CV-00053
Court of Appeals 06/05/97
Deborah Hendrix, v. First Tennessee National Corporation, D/B/A First Tennessee Bank

03A01-9701-CV-00032

This action for damages for defamation and outrageous conduct was dismissed on motion for summary judgment. The plaintiff presents the propriety of the dismissal for appellate review, which is de novo on the record with no presumption of correctness. Johnson v. EMPE, Inc., 837 S.W.2d 62, 68 (Tenn. App. 1992).

Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge G. Richard Johnson
Court of Appeals 06/05/97
Richard Gause D/B/A Roofworks of Tennessee, v. Anice Cole, D/B/A Riverside Shop and Jerry Ogle

03A01-9707-CH-00001

This case originated as an action to enforce a lien for work and materials pursuant to  T. C. A. § 66- 11- 126. The plaintiff alleged that he had furnished equipment, labor, and materials which were used for improvements on the property which the defendant, Cole occupied as lessee and the defendant, Ogle, was an owner. The defendant, Ogle, filed an answer, generally stated that he owned an interest in the subject property, but was without sufficient knowledge or information to form a belief as to the truth of the allegations set forth in the complaint.

 

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Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor Chester R. Rainwater, Jr.
Sevier County Court of Appeals 06/05/97
Jorge Ariel Sanjines, M.D., v. Ortwein and Associates, P.C., William H. Ortwein, J. Cris Helton, and John R. Morgan

3A01-9702-CV-00060

Plaintiff, incarcerated in prison, brought this action against this attorney for alleged malpractice in representing him in the charges brought against him for criminal conduct.

Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge Douglas A. Meyer
Hamilton County Court of Appeals 06/05/97
W. Dale Gordon v. Robbyn Gordon - Concurring

03A01- 9702- CV- 00054

This is a divorce case that comes to us in an unusual posture. The Husband filed his original complaint on April 3, 1996.  No answer was filed by the Wife.  A marital dissolution agreement was filed on June 12, 1996. The marital dissolution agreement provided for the division of  the parties' property and further contained the following provision:

The parties agree that they are equally responsible for the breakdown of  the marriage and respectfully request the court to declare them divorced rather than awarding a divorce to either party alone.

Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Conrad Troutman, Jr.
Scott County Court of Appeals 06/05/97
Mabel Donnelly v. Robert E. Walter M. D. and Hermitage Nursing Center - Concurring

03A01-9610-CV-00323

Plaintiff Mabel Donnelly (Donnelly) appealed the trial court’s denial of her motion to reconsider a grant of summary judgment to the defendants Dr.  Robert E. Walter (Dr. Walter) and Hermitage Nursing Home (Hermitage).  She presents for our review the question of whether the denial of her  motion to reconsider was an abuse of the trial court’s discretion. For their part, the defendants contend that Donnelly’s appeal should be dismissed because of her failure to serve a copy of the notice of appeal on the clerk of this court. We affirm.

Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Chancellor G. Richard Johnson
Carter County Court of Appeals 06/05/97
Terri G. Bowers, v. Frederick Allan Bowers

03A01-9701-CV-00008

In this custody dispute, the Trial Judge granted custody of the parties' child to the father, and the mother has appealed.

Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge Bill Swann
Knox County Court of Appeals 06/04/97
Edward J. Eyring, M.D., v. Fort Sanders Parkwest Medical Center, Inc., and Fort Sanders Alliance, Inc.

03A01-9607-CV-00240

We are primarily called upon in this appeal to decide whether the Tennessee Peer Review Law of 1967 ( T. C. A. § 63-6-219) ( t he La w), grants immunity to hospitals for actions taken against physicians. 1. Parkwest Hospital was purchased by Fort Sanders Alliance in 1990 and became known as Fort Sanders Parkwest Medical Center. We hereafter refer to the hospital as "Parkwest". 2.  upon recommendations of peer review boards or committees.  For reasons hereinafter stated, we believe that the law was intended to, and does, grant hospitals such immunity. We affimr the judgment of the trial court.

Authoring Judge: Per Curiam
Originating Judge:Judge Wheeler A. Rosenbalm
Knox County Court of Appeals 06/04/97
Christopher Brian Minnich, v. Nancy Graves Roberson

03A01-9612-CV-00384

This is an appeal from the judgment of the trial court granting joint custody of the parties' minor children to the parties, with the husband having primary residential custody. For reasons hereinafter stated, we affirm the judgment of the trial court.

Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Bill Swann
Court of Appeals 06/04/97
In Re: Estate of Carl Parrott; Wanda P. Patterson v. Jerry K Galyon - Concurring

03A01-9612-CH-00386

This is a declaratory action wherein the parties seek to have a portion of the will of Carl Parrot t, deceased, construed by the court. Carl Parrott died testate on February 20, 1990. His Last Will and Testament was executed on January 3, 1983, and named his attorney, Jerry K. Galyon, and his daughter, Wanda Parrott Patterson, co- executors.

Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor Chester S. Rainwater, Jr.
Sevier County Court of Appeals 06/04/97
Iva Dell Brown McAlexander v. Kenneth Jackson McAlexander

02A01-9611-CH-00289

Following the trial court’s order granting the parties an absolute divorce, distributing the parties’ property, awarding custody of the parties’ four minor children to Iva Dell Brown McAlexander (the Mother), and ordering Kenneth Jackson McAlexander (the Father) to pay child support to the Mother pursuant to the Child Support Guidelines, Father appealed. The sole issue presented by the Father is whether the trial court erred in granting custody of the parties’ four children to the Mother. We affirm.

Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor Joe C. Morris
Madison County Court of Appeals 06/02/97
Jerry Williams v. Memphis Housing Authority and Mable Monday v. Memphis Housing Authority

02A01-9608-CV-00190

Defendant Memphis Housing Authority(MHA) appeals several orders entered by the trial court in favor of two of MHA’s former employees, Plaintiffs/Appellees Jerry D. Williams and Mable Monday (collectively, the Employees). In separate actions filed below, the Employees sued MHA for breach of employment contract. In both cases, the trial court entered orders granting the Employees’ motions for summary judgment based on the court’s conclusion that MHA’s Manual of Operations constituted part of the employment contract between the parties and, further, that MHA breached this contract by terminating the Employees without just cause. Amending the pleadings to conform to the proof in the records, the trial court’s foregoing orders also granted summary judgment to the Employees on their claims that, in terminating the Employees, MHA violated their rights to substantive and procedural due process.1 After conducting a subsequent hearing on the issue of remedies, the trial court entered final orders granting the Employees back pay and reinstatement to their former positions with MHA.2 Upon MHA’s motion, this court consolidated MHA’s appeals of the trial court’s judgments in favor of Williams and Monday because the appeals involve common questions of law and fact.3

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Wyeth Chandler
Shelby County Court of Appeals 06/02/97
Evelyn Campbell, a/k.a Elvin Campbell, Erma Dorton and Edria Humphrey, vs. Union Planters Bank , Formerly Commerce Federal Savings Bank

E1999-01910-COA-R3-CV
In this action to recover on two certificates of deposit against the bank, the Trial Judge directed a verdict in favor of the plaintiffs after sustaining an objection to the bank's attempt to offer its business records in evidence. The bank has appealed, and we reverse and remand for a new trial.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Kindall T. Lawson
Hamblen County Court of Appeals 05/31/97
Estate of Jane & John Doe vs. Vanderbilt Univ., et. al.

01A01-9609-CV-00429

Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 05/30/97
Gilley vs. Culpepper

01A01-9611-CH-00521

Originating Judge:William C. Koch
Court of Appeals 05/30/97
Gilley vs. Culpepper

01A01-9611-CH-00521

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 05/30/97
Moore vs. Tate

03A01-9611-CV-00350
Anderson County Court of Appeals 05/29/97
Nationsbank vs. JDRC

03A01-9607-CH-00226
Knox County Court of Appeals 05/29/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 05/28/97
International Collection Services vs. Bailey

01A01-9702-CH-00072

Originating Judge:Claudia C. Bonnyman
Davidson County Court of Appeals 05/28/97