| Delisa Ribbins Leak and Mareshi A. Leak, B/N/F Delisa Ribbins Leak, v. Laurie Goodwill and AT&T Service, Inc.
03A01-9611-CV-00359
Delisa Ribbins Leak and Meshi Leak, by next friend, Delisa Ribbins Leak, appeal an order of the Circuit Court dismissing their case against Laurie Goodwill. The case had purportedly been appealed from the General Sessions Court pursuant to an order of two Judges of that Court granting a writ of certiorari. The appeal on related to one Defendant, Laurie Goodwill, and not the other Defendant, AT&T Service, Inc. Upon motion of Ms. Goodwill, the Circuit Judge dismissed the case against her, apparently on the grounds raised in the motion, that their appeal was not timely, and thereupon remanded the case to the General Sessions Court for "further hearing as to AT&T Service, Inc."
Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge Samuel H. Payne |
Hamilton County | Court of Appeals | 07/02/97 | |
| Helen S. Rogers vs. Tom E. Watts, Jr. - Concurring
01-A-01-9611-CV-00500
This is an appeal by defendant/appellant, Thomas E. Watts, Jr., from the decision of the Sixth Circuit Court of Davidson County finding Mr. Watts liable for malicious prosecution and awarding plaintiff/appellee, Helen S. Rogers, $18,000.00 in damages. The facts out of which this matter arose are as follows.
Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Thomas W. Brothers |
Davidson County | Court of Appeals | 07/02/97 | |
| Mary S. Fendley v. Mart G. Fendley
01A01-9509-CH-00418
This appeal involves the classification of property in a divorce case. The wife filed for divorce in the Chancery Court for Montgomery County after seventeen years of marriage. Following a bench trial, the trial court declared the parties divorced and awarded the wife custody of the four minor children. In its division of the parties’ property, the trial court classified the parties’ home as marital property and awarded it to the wife but classified the household furniture, funds inherited by the wife, and a limited partnership interest in an athletic club as the wife’s separate property. The husband takes issue on this appeal with the allocation of the responsibility for the debt on the home, the classification of separate property, and the overall distribution of the marital estate. We have determined that the trial court should have allocated the debt secured by the home to the wife and that the trial court correctly classified the disputed assets and equitably distributed the marital estate.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Chancellor Thomas E. Gray |
Montgomery County | Court of Appeals | 07/02/97 | |
| 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 | |
| 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 | |
| Flanagan vs. Flanagan
03A01-9612-GS-00404
|
Court of Appeals | 06/30/97 | ||
| Wilson vs. Wilson
03A01-9610-CH-00322
|
Blount County | Court of Appeals | 06/30/97 | |
| Emma Crowe vs. James Craig, et al
02A01-9612-CV-00297
Originating Judge:Whit A. Lafon |
Madison County | Court of Appeals | 06/27/97 | |
| 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 | |
| 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 | |
| Turtle Creek Apts. vs. Polk
01A01-9608-CV-00382
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 06/20/97 | |
| 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 |