APPELLATE COURT OPINIONS

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Bellsouth Telecommunications, Inc. v. Keith Bissell, Steve Hewlett, Sara Kyle, Constituting the Tennessee Public Service Commission

01A01-9509-BC-00400

The Tennessee Public Service Commission ordered the completion of a previously authorized investigation of the future earnings of BellSouth Telecommunications, despite legislative developments that stripped the Commission of its authority to use such an investigation to set telephone rates. BellSouth filed a petition with this court for review of the PSC’s order, arguing that completion of the investigation was inconsistent with the legislative purpose. We reverse the Commission’s order and remand the case for further consideration by the Tennessee Regulatory Commission.

Authoring Judge: Judge Ben H. Cantrell
Davidson County Court of Appeals 10/02/96
Michael Scott Evans, v. Karen Marie Bisson Steeman - Dissenting

01A01-9511-JV-00508

Michael Scott Evans is seeking nothing more than to acknowledge his parental responsibilities to Jacob Ryan Steelman. The majority, however, has decided that he is not entitled to prove in court that he is the boy’s biological father simply because the child’s mother was married to another man when he was born. This decision rests squarely on an erroneous judicial interpretation of Tennessee’s legitimation statutes. Rather than perpetuating injustice, our responsibility as common law judges is to remedy, not ignore, plain judicial mistakes.

Authoring Judge: Judge William C. Koch, Jr.
Court of Appeals 10/02/96
State of Tennessee v. John Russell Turner

03C01-9510-CC-00321

The appellant, John Russell Turner, appeals from his conviction by a juryfor driving under the influence of an intoxicant. The Circuit Court of Blount County sentenced the appellant to eleven months and twenty-nine days incarceration in the county jail and suspended all but five days. On appeal, theappellant contends that the evidence adduced at trial is insufficient to support a conviction, because the State failed to prove that he intended to operate a vehicle.

Authoring Judge: Judge David G. Hayes
Originating Judge:Judge D. Kelly Thomas, Jr.
Blount County Court of Appeals 10/01/96
Fred Johns, Administrator of The Estate of Sue Eva Johns, v. Takoma Adventist Hospital

03A01-9604-CV-00130

In this action for damages for personal injuries to the deceased, the complaint alleged the deceased was placed in a room while in defendant hospital, and on April 18, 1991, she ws found lying on the floor with injuries about her head and face. It was further alleged that it was not learned until wll after her death, in conversation with the physicians of the plaintiff decedent, that the decedent more likely would have survived for many years had she not fallen...

Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge John K. Wilson
Greene County Court of Appeals 10/01/96
Debra Jewell Young Ford v. Dennis Clifford Ford

03A01-9606-CH-00197

This appeal arises from the judgment of the trial court which, among other things, awarded a divorce to the defendant, provided for custody of the parties' minor children and made a division of the marital estate. We affirm the judgment of the trial court.

Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor Earl H. Henley
Court of Appeals 10/01/96
Arthur Blair v. Marilyn Badenhope - Concurring

03A01- 9604- CH- 00128

Joy Badenhope is the child of Susan Badenhope and Arthur Blair.  Susan Badenhope, a resident of North Carolina, died when the child was less than one year old.  After her death, Joy began residing with her maternal grandmother, Marilyn Badenhope, in Tennessee.  The grandmother was granted custody by a North Carolina court in an action for custody she filed some two months after the mother's death.  The father soon thereafter moved to Tennessee and filed an action in Tennessee to increase visitation and attain custody.

Authoring Judge: Judge Herschel P. Franks
Originating Judge:Chancellor Dennis H. Inman
Greene County Court of Appeals 10/01/96
State of Tennessee, v. Brian K. Collins

03C01-9510-CC-00305

The defendant, Brian K. Collins, was convicted of violating a habitual traffic offender order, violation of registration, and evading arrest. He was sentenced as a range one offender to two years for violating the order, thirty days for violation of registration, and eleven months and twenty nine days for evading arrest, all to be served concurrently. This is his appeal of right.

Authoring Judge: Judge Gary R. Wade
Originating Judge:Judge R. Jerry Beck
Sullivan County Court of Appeals 10/01/96
Susan Renee Wright Williamson v. John Houston Williamson

03A01-9602-DR-00073

In this divorce action the Trial Court awarded to each party an absolute divorce from the other on the grounds of  inappropriate marital conduct. The Court awarded the custody of the parties' two minor children to the mother, ordered the father to pay child support and based upo the guidelihes, and in dividing the parties' marital estate  concluded that their home was a gift from the husband's paretns to him alone, and therefore separate property. From this latter determination, the wife has appealed.

 

Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge William R. Brewer, Jr.
Court of Appeals 10/01/96
State of Tennessee, v. John Russell Turner

03C01-9510-CC-00321

The appellant, John Russell Turner, appeals from his conviction by a jury for driving under the influence of an intoxicant. The Circuit Court of Blount County sentenced the appellant to eleven months and twenty-nine days incarceration in the county jail and suspended all but five days. On appeal, the appellant contends that the evidence adduced at trial is insufficient to support a conviction, because the State failed to prove that he intended to operate a vehicle.

Authoring Judge: Judge David G. Hayes
Originating Judge:Judge D. Kelly Thomas, Jr.
Blount County Court of Appeals 10/01/96
Faye Louise Taylor Chadwell, v. Albert Chadwell and Consolidation Coal Company

03A01-9601-GS-00007

In this post-divorce proceeding, the Chancellor found that certain assets owned by Albert Chadwell at the time of the parties' divorce were marital assets and that his former wife, Fay Louise Taylor Chadwell, was entitled to a judgment against him of $94,320, which included the interest from the date of the divorce. The Chancellor also impressed a lien against certain real estate originally owned by Mr. Chadwell, who later purported to transfer an interest to his present wife. Both the real estate and the home Mr. Chadwell erected thereon were paid for in part with the assets in dispute in this appeal.

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Chancellor Billy Joe White
Campbell County Court of Appeals 10/01/96
Cooksey vs. Shelley

01A01-9708-CV-00378

Originating Judge:Bobby H. Capers
Wilson County Court of Appeals 09/30/96
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X2010-0000-XX-X00-XX
Court of Appeals 09/30/96
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X2010-0000-XX-X00-XX
Court of Appeals 09/30/96
02A01-9211-CV-00327

02A01-9211-CV-00327

Originating Judge:James E. Swearengen
Shelby County Court of Appeals 09/26/96
02A01-9505-CV-00112

02A01-9505-CV-00112

Originating Judge:George H. Brown
Shelby County Court of Appeals 09/26/96
01A01-9604-CH-00148

01A01-9604-CH-00148

Originating Judge:John Walton West
Dickson County Court of Appeals 09/25/96
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X2010-0000-XX-X00-XX
Court of Appeals 09/25/96
03A01-9604-CV-00123

03A01-9604-CV-00123
Hamilton County Court of Appeals 09/25/96
01-9511-CV-00242

01-9511-CV-00242

Originating Judge:Dick Jerman, Jr.
Gibson County Court of Appeals 09/25/96
02A01-9510-CH-00238

02A01-9510-CH-00238

Originating Judge:George R. Ellis
Gibson County Court of Appeals 09/25/96
02A01-9506-GS-00133

02A01-9506-GS-00133

Originating Judge:Max Seaton
Hardin County Court of Appeals 09/25/96
01-9511-CV-00242

01-9511-CV-00242

Originating Judge:Dick Jerman, Jr.
Gibson County Court of Appeals 09/25/96
01A01-9505-CH-00215

01A01-9505-CH-00215

Originating Judge:C. Allen High
Davidson County Court of Appeals 09/25/96
02A01-9506-CV-00122

02A01-9506-CV-00122

Originating Judge:James E. Swearengen
Shelby County Court of Appeals 09/25/96
02A01-9507-CV-00152

02A01-9507-CV-00152

Originating Judge:Julian P. Guinn
Hardin County Court of Appeals 09/25/96