APPELLATE COURT OPINIONS

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03A01-9703-CV-00071

03A01-9703-CV-00071
Court of Appeals 07/21/95
Janet Posner vs. Alan Posner

02A01-9710-CV-00249

Originating Judge:James F. Russell
Shelby County Court of Appeals 07/13/95
Laura Coffey, et al vs. Cherokee Aviation, Inc.

E1999-01037-COA-R3-CV
This is an appeal from a jury verdict finding Cherokee Aviation, Inc. not liable for the deaths of Steven Coffey and Peggy Cowan in a plane crash. Laura Coffey and Peter Cowan, the surviving spouses of the deceased, moved for a new trial on the basis of certain testimony which was admitted or denied admission by the Circuit Court during trial. The Circuit Court denied the motion for a new trial and this appeal ensued. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Harold Wimberly
Knox County Court of Appeals 07/13/95
Varner vs. Perryman

03A01-9706-CV-00238
Court of Appeals 07/12/95
01A01-9512-BC-00556

01A01-9512-BC-00556
Court of Appeals 05/25/95
01A01-9512-BC-00556

01A01-9512-BC-00556
Court of Appeals 05/25/95
Janice F. Roberts vs. Stevie D. Davis, et al

M2000-01974-COA-R3-CV
On May 17, 1995, Plaintiff Janice Roberts and her husband Max Nichols were involved in an automobile accident with the Defendant Food Lion, Inc. and their driver Stevie D. Davis. The accident occurred on Interstate 24. Plaintiff Roberts sued the Defendants in the Circuit Court of Davidson County seeking a recovery of $270,000 for injuries and various amounts of damages she sustained as a result of the accident. A bench trial was held on May 1, 2000. On May 4, 2000 the trial court by Memorandum and Order found that Plaintiff Roberts was entitled to recover $25,000 for reasonable and necessary medical expenses, pain and suffering and loss of enjoyment of life, and for some diminution in earning capacity. On June 2, 2000, Plaintiff Roberts filed a motion for new trial, which was subsequently denied by the trial court on July 7, 2000. This appeal followed. Plaintiff Roberts insists that the trial court erred in not granting a motion for continuance; not allowing the deposition testimony of a witness; in its award of damages; and by not allocating monies for future medical expenses.
Authoring Judge: Judge Don R. Ash
Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 05/17/95
03A01-9606-CV-00283

03A01-9606-CV-00283

Originating Judge:Inman
Blount County Court of Appeals 05/16/95
William B. Demontbreun, v. First Cumberland Bank and G. Wayne Detring, Substitute Trustee

01A01-9411-CH-00550

The captioned plaintiff has appealed from a jury verdict and judgment in his favor and against the defendant, First Cumberland Bank for $4,600 as damages for breach of contract.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge James E. Walton
Robertson County Court of Appeals 05/05/95
William B. Demontbreun, v. First Cumberland Bank and G. Wayne Detring, Substitute Trustee

01A01-9411-CH-00550

The captioned plaintiff has appealed from a jury verdict and judgment in his favor and against the defendant, First Cumberland Bank for $4,600 as damages for breach of contract.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge James E. Walton
Robertson County Court of Appeals 05/05/95
Mira Ann (Waller) Mosley v. Charles Raymond Mosley

M2003-01686-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Royce Taylor
Rutherford County Court of Appeals 04/25/95
In State v. Winsett, 882 S.W.2D 806 (Tenn. Crim. App. 1993), Now Justice

03C01-9509-CC-00285

Originating Judge:Rex Henry Ogle
Sevier County Court of Appeals 04/17/95
Pero's Steak and Spaghetti House vs. Elizabeth Hinkle

E2001-00254-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Dale C. Workman
Knox County Court of Appeals 02/14/95
01A01-9511-CH-00496

01A01-9511-CH-00496

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 02/14/95
Richard Noble, v. State of Tennessee, Tennessee Department of Correction

01A01-9503-CH-00093

Petitioner/appellant Richard Nobel was tried and found guilty of first degree murder and sentenced under the Class X Statute to life imprisonment on 16 October 1981.

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 01/19/95
Tom and Karen Moore v. Lloyd A. Walwyn, M.D.

01A01-9507-CV-00295

This is an appeal by plaintiffs/appellants, Tom and Karen Moore, from the trial court's orders granting summary judgment in favor of defendant/appellee, Dr. Lloyd A. Walwyn, and denying appellants' motion to reconsider the grant of summary judgment

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Thomas W. Brothers
Davidson County Court of Appeals 01/19/95
03A01-9608-CH-00263

03A01-9608-CH-00263

Originating Judge:Inman
Sullivan County Court of Appeals 01/11/95
Hoover Inc., v. Metro Board of Zoning Appeals

01A01-9506-CH-00277

This is an appeal by petitioner/appellant, Hoover
Inc. ("Hoover"), from an order of the chancery court
affirming the Metropolitan Board of Zoning Appeal's
decision to deny Hoover's application for a conditional
use permit.

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Chancellor Robert S. Brandt
Williamson County Court of Appeals 01/05/95
Gary Castelli vs Joy Castelli

E2004-02997-COA-R3-CV
The Trial Court granted the parties a divorce, identified, valued and divided the marital property. The husband appeals the division of marital property as being inequitable. We affirm, as modified.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:L. Marie Williams
Hamilton County Court of Appeals 10/15/94
Branch vs. Thompson

M1998-00511-COA-R3-CV
In this case, the minor children of the parties have been declared dependent and neglected in juvenile court, and custody was awarded to Mother. Subsequently, the parties were divorced in circuit court, and Mother was awarded custody and Father was ordered to pay child support. Mother filed a petition in circuit court to hold Father in contempt for his failure to pay child support, and Father filed a cross petition seeking, among other things, to change custody. At the conclusion of an evidentiary hearing, the circuit court awarded custody of the children to Father. Mother has appealed, and we vacate the order changing custody because of lack of subject matter jurisdiction.
Authoring Judge: Judge W. Frank Crawford
Robertson County Court of Appeals 08/24/94
William Fowler, as surviving parent of David Fowler, dec. vs. Ralph Davenport and Jason Richards

E2000-02509-COA-R3-CV
The Trial Court granted defendants summary judgment on the grounds plaintiff's action was time-barred. We reverse and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:G. Richard Johnson
Washington County Court of Appeals 08/12/94
Lola Taylor v. James Taylor

M1999-02398-COA-R3-CV
This appeal arises from the dissolution of a four-year marriage. The wife sought a divorce in the Circuit Court for Rutherford County because of the husband's chronic drunkenness, non-support, and threats of violence. Following a bench trial, the court granted the wife a divorce on the ground of inappropriate marital conduct. The trial court also divided the martial estate, gave the wife custody of the parties' four-year-old daughter, and directed the husband to pay child support. On this appeal, the husband asserts that the trial court erred in its classification and division of the marital property, that the trial court awarded an excessive amount of child support, and that the trial court erred by denying his request to place a portion of his child support in an educational trust fund. For her part, the wife requests an additional award to defray her legal expenses for this appeal. We conclude that the trial court (1) correctly classified and divided the marital estate, (2) properly sequestered a portion of the husband's assets to assure the timely and regular payment of his child support, and (3) properly declined to establish an educational trust fund for the child. We also conclude that the trial court erred by failing to direct the trial court clerk to return the remainder of the sequestered funds to the husband when his child support obligation ceased. In addition, we decline to award the wife her legal expenses for this appeal or to find that this appeal was frivolous.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Royce Taylor
Rutherford County Court of Appeals 06/11/94
Sarah Beth Clingan Overstreet v. Shoney's, Inc.

01A01-9612-CV-00566

This appeal involves a freakish accident in which a shard from a broken dinner plate caused a restaurant patron to lose the sight in her left eye. The patron and her husband filed suit against the waitress who dropped the plate and the restaurant in the Circuit Court for Putnam County seeking damages for her injuries and for his loss of consortium. Following a three-day trial, the jury awarded the patron $2,013,000. On this appeal, the restaurant takes issue with several of the trial court’s evidentiary rulings, the trial court’s verdict form, and the trial court’s refusal to grant a remittitur. We affirm the judgment.

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge John A. Turnbull
Putnam County Court of Appeals 06/04/94
E1999-00235-C0A-R3-CV

E1999-00235-C0A-R3-CV

Originating Judge:Thomas W. Graham
Rhea County Court of Appeals 05/14/94
Adkins vs. Keck

03A01-9804-CV-00141
Court of Appeals 03/17/94