APPELLATE COURT OPINIONS

Kenneth O. Burnett and Vickie S. Burnett ("plaintiffs") filed suit in the Davidson County Circuit Court against Frank E. Krisle, individually and d/b/a Elite Electric ("defendant") seeking damages resulting from a fire caused by defendant's negligence that destroyed plaintiffs' home. The jury awarded plaintiffs compensatory damages in the amount of $90,733.56, reduced by a finding that plaintiffs were ten percent (10%) at fault. Defendant's motion for a new trial was denied. On appeal defendant has presented three issues for our consideration: (1) whether there was any material evidence in the record to support the jury verdict; (2) whether the trial court erred in refusing to grant defendant a new trial or a remittitur; and (3) whether the trial court erred in refusing to allow defendant to present a witness for testifying after defendant had rested his case. We find no error and affirm.

The defendant, Leslie Charles Morey, has appealed from the judgment of the Trial Court awarding to the plaintiff, Shasta Mead Morey, an absolute divorce, custody of a minor child, child support, a share of marital property, and $3,000.00 attorneys' fees.

The captioned plaintiff has appealed from the judgment of the Trial Court dismissing his suit against the captioned defendants for a declaratory judgment and injunctive relief regarding the constitutionality of application of certain statutes to plaintiff and certain actions, practices and policies of the defendants.

Lessie Blankenship ("plaintiff") filed suit in the Circuit Court of Bedford County against Century Health Services, Inc. ("Century" or "defendant"), seeking damages for breach of a commercial lease. Following a bench trial, the court awarded plaintiff damages in the amount of $44,943.80 for rent due under the lease, costs incurred by plaintiff in seeking to relet the premises, and attorney fees in the amount of 15% of the amount of the judgment. On appeal, Century presents five issues for review: Whether the trial court erred (1) in finding that Century had assumed the lease between plaintiff and South Central Home Health, Inc. (?South Central”), the original lessee; (2) in concluding that Century had not properly terminated the lease; (3) in finding that plaintiff had properly mitigated her damages; (4) in awarding plaintiff damages for future rent under the lease; and (5) in awarding plaintiff attorney fees in the amount of 15% of plaintiff's judgment. For the reasons hereinafter stated, we affirm in part, reverse in part and remand.

This appeal involves an acrimonious post-divorce dispute over child support and visitation. After their divorce in 1990, the mother filed several petitions in the Circuit Court for Warren County seeking to hold the father in contempt. The father also filed several petitions to modify his child support because of his inability to pay. This appeal involves the denial of the father’s latest petition for modification and the summary suspension of his visitation for not paying child support. We have determined that the evidence preponderates against the trial court’s conclusion that the circumstances with regard to the father’s income have not changed and that the father’s visitation should be suspended. Accordingly, we vacate the order dismissing the father’s petition and remand the case for further proceedings.

The defendant, Sherrie Marie Hann, has appealed from a non-jury judgment in favor of the plaintiff, Shelter Insurance Companies for $5,000 paid to defendant by mistake. As indicated in the caption, this was a proceeding in Chancery Court.