APPELLATE COURT OPINIONS

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William M. Woodside, and Billy E. and Mary Agnita Woodside, Grandparents, v. Susan E. Woodside (Gilley)

01A01-9503-PB-00121

This appeal arises from post-divorce decree proceedings to increase and enforce child
support. On October 11, 1994, the Trial Court entered an order finding the husband guilty of
willful contempt, awarded the wife judgment for $10,054 arrears child support, increased
weekly payments, awarded attorneys' fees and ordered the husband to be confined in the
workhouse for six months.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge James R. Everett
Davidson County Court of Appeals 10/20/95
Maxie L. Nichols and W. Max Nichols, v. Tennessee Student Assistance Corp.

01A01-9506-CH-00247

This is an appeal from the trial court's judgment in favor of Defendant on Plaintiffs' fraud and contract allegations. Appellants are William Max Nichols, maker of certain notes representing student loans, and his father, Maxie L. Nichols, who was co-maker on said notes. The Appellee is Tennessee Student Assistance Corporation (TSAC), a non-profit corporation created by the General Assembly to guarantee and administer loans made by educational institution lenders to students attending post-secondary schools in Tennessee. T.C.A. § 49-4-203(1)- (3) (1990).

Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor C. Allen High
Davidson County Court of Appeals 10/20/95
State of Tennessee, ex rel., Claudia Agee, v. J.C. Chapman, Jr.

01A01-9506-CV-00231

This is an appeal from a judgment of the lower court finding the respondent in contempt for failing to pay child support. The lower court sentenced the respondent to six months in jail but allowed him to remain free if he complied with the court's current support order and remained within the state. On appeal, the respondent argues that he had no notice of the original support order, that he was not given proper notice of the contempt charges, that the trial judge improperly denied his request for a jury, and that the trial judge erred in denying him the right to leave the state. In accordance with the following opinion we reverse the lower court's sentence for contempt and its injunction against leaving the state. Otherwise, we affirm.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Muriel Robinson
Davidson County Court of Appeals 10/19/95
03A01-9507-CH-00212

03A01-9507-CH-00212
Anderson County Court of Appeals 10/19/95
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 10/19/95
The Metropolitan Gov. of Nashville and Davidison County, Tennessee and The Metropolitan Nashville Airport Authority v. Overnite Transportation Company - Concurring

01-A-01-9503-CV-00089

This is an appeal by the petitioners/appellants, Tennessee State Department of Transportation ("TDOT") and Metropolitan Nashville Airport Authority ("MNAA"), from a jury verdict and judgment valuing four acres of  condemned property owned by the respondent/appellee, Overnite Transportation Company ("Overnite"), at $1,759,578.10.

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Hamilton Gayden
Davidson County Court of Appeals 10/19/95
Forrest City Grocery Company, v. Tennessee Department of Revenue

01A01-9505-CH-00198

The plaintiff, Forrest City Grocery Company, filed a declaratory judgment action in the Chancery Court of Davidson County alleging that the Unfair Cigarette Sales Law violates (1) the Sherman Antitrust Act, and (2) the plaintiff's right to due process. The chancellor found the issues in favor of the statute and dismissed the complaint. We affirm.

Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Chancellor C. Allen High
Davidson County Court of Appeals 10/19/95
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 10/19/95
Bellsouth Advertising & Publishing Corporation, v. Reuben Bonilla and Marco Bonilla, Partners, D/B/A Car Stereo Shop and Mobile Phone

01A01-9505-CH-00213

One of the captioned defendants, Reuben Bonilla, has appealed from the judgment of the Trial Court overruling his motion to set aside a default judgment in favor of the captioned plaintiff. The notice of appeal states: Notice is hereby given that Reuben Bonilla, defendant named herein, hereby appeals to the Court of Appeals from the order entered in this cause on the 21st day of November, 1994.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Chancellor Robert S. Brandt
Davidson County Court of Appeals 10/19/95
03A01-9505-CV-00153

03A01-9505-CV-00153
Court of Appeals 10/18/95
02A01-9407-CV-00161

02A01-9407-CV-00161

Originating Judge:James E. Swearengen
Shelby County Court of Appeals 10/17/95
02A01-9404-CV-00077

02A01-9404-CV-00077

Originating Judge:D'Army Bailey
Shelby County Court of Appeals 10/17/95
02A01-9407-CV-00169

02A01-9407-CV-00169

Originating Judge:Darrell Blanton
Shelby County Court of Appeals 10/17/95
02A01-9410-CH-00235

02A01-9410-CH-00235

Originating Judge:D. J. Alissandratos
Shelby County Court of Appeals 10/17/95
Bessie Lee King v. Davidson (NMN) Taylor - Concurring

02A01-9504-CV-000

This appeal arises out of a paternity action filed by the Plaintiff-Appellee, Bessie Lee King, against the Defendant-Appellant, Davidson Taylor, to establish the paternity of King's minor child, Davene. The action was originally filed in the Juvenile Court of Memphis and Shelby County, but was transferred to Circuit Court after Mr. Taylor requested a jury trial. Mr.  Taylor, Ms. King, and Davene submitted to a blood test. The sworn blood test results, which accompanied Appellee's motion for summary judgment, established that Mr. Taylor had a 99.65% probability of being Davene's father. Relying on both the blood test and T.C.A. § 24-7-112(b)(2) (Michie 1994), the trial court granted Ms. King's motion for summary judgment. Mr. Taylor appeals the decision of the trial court.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge D'Army Bailey
Shelby County Court of Appeals 10/17/95
Paula Van Slyke (Fleming) v. Philp Edward Fleming - Concurring

01-A-01-9504-CV-00178

This case involves the question of whether a custodial parent may claim the benefit of changes in the child support guidelines promulgated after trial on her Petition for Increased Child Support, but before the trial court filed its Final Order. Because those changes were not raised in the  proceedings below, we decline to act on them here. Instead, we remand  the cause to the trial court for further proceedings.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Muriel Robinson
Davidson County Court of Appeals 10/15/95
Laura Patricia Cutsinger v. Charles Edward Cutsinger - Concurring

01A01-9504-CV-00148

In this divorce case, Charles Edward Cutsinger (Husband) has appealed the trial court's judgment which awarded Laura Patricia Cutsinger (Wife) a thirty percent (30%) interest as a seller in the contract of sale of Husband's chiropractic practice. Husband also has appealed the trial court's ruling which ordered Husband to indemnify Wife for any judgment that might arise as a result of an indebtedness for a pleasure boat purchased during the marriage.

Authoring Judge: Judge David R.Farmer
Originating Judge:Judge Robert W. Wedemeyer
Robertson County Court of Appeals 10/14/95
02A01-9409-CV-00174

02A01-9409-CV-00174

Originating Judge:James E. Swearengen
Shelby County Court of Appeals 10/10/95
02A01-9409-CV-00201

02A01-9409-CV-00201

Originating Judge:Wyeth Chandler
Shelby County Court of Appeals 10/10/95
02A01-9411-CV-00260

02A01-9411-CV-00260

Originating Judge:Janice M. Holder
Shelby County Court of Appeals 10/10/95
James R. Fruge and Jane Fruge v. John Doe and Jane Doe

02A01-9408-CV-00198

Defendants-Appellees.This appeal involves a suit seeking recovery under the uninsured motorist provision of a liability insurance policy. Plaintiffs, James R. Fruge and Jane Fruge, appeal from the order of the trial court granting summary judgment to the unnamed defendant-appellee, State Farm Insurance Company.

Authoring Judge: Judge W. Frank Crawford
Originating Judge:Judge George H. Brown
Shelby County Court of Appeals 10/05/95
The Metropolitan Government of Nashville and Davidson County, v. Nashville Park Hospitality, Inc.

01A01-9504-CH-00142

Appellant, Nashville Park Hospitality, Inc. ("Nashville Park"), is the owner of the Budget Lodge, a motel in Nashville consisting of three separate buildings identified as the 100, 200 and 300 Buildings. Ninety-six suites compose the 100 and 300 Buildings, with 92 available to the public and rented on a weekly basis. The 200 Building consists of standard motel rooms which are rented nightly. Appellee, the Metropolitan Government of Nashville and Davidson County ("Metropolitan Government"), filed suit seeking to enjoin Nashville Park from operating the Budget Lodge in violation of the Hotel, Food, Service Establishment and Public Swimming Pool Inspection Act of 1985, T.C.A. § 68-14-301 et. seq. ("Act").1 After a hearing, the trial court granted Metropolitan Government's application for a permanent injunction, enjoining Nashville Park from operating Budget Lodge in violation of the Act. The court, however, refused to entertain the issue of whether the Act applied to the suites rented weekly,2 citing Nashville Park's failure to first exhaust its administrative remedies. Nashville Park has appealed, challenging that determination by the chancellor. For reasons to be discussed, we reverse that portion of the judgment holding the trial court without jurisdiction to decide the issue prior to an exhaustion of the administrative process.

Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor Robert S. Brandt
Davidson County Court of Appeals 10/04/95
Jerry Don Lumpkins, v. Belinda Baines Lumpkins

01A01-9401-CH-00034

This appeal involves a dispute over child support for two pre-teen boys. Two years after their divorce in the Chancery Court for Sumner County, the parents returned to court seeking resolution of their disputes concerning the custody and visitation arrangements and the amount of child support. A special judge awarded the mother sole custody of the children, modified the father’s visitation schedule, and directed the father to pay child support in accordance with the child support guidelines. The father takes issue on this appeal with the amount of his child support. We have determined that the amount of the father’s child support should be modified to take all his income into consideration.

Authoring Judge: Judge William C.Koch, Jr.
Originating Judge:Special Judge Jane W. Wheatcraft
Sumner County Court of Appeals 10/04/95
Tonya Renee Jackson v. Keith George Jackson

01A01-9504-CV-00132

This case involves a dispute over child custody and division of marital property as decreed by the trial court in a divorce case.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Henry Denmark Bell
Williamson County Court of Appeals 10/04/95
Tennessee Department of Human Services, v. Tennessed Civil Service Commission and Frank Mahon

01A01-9504-CH-00143

This appeal arises from the chancery court's reversal of a final order of the Tennessee Civil Service Commission (the Commission). The Commission's final order reinstated Appellant, Frank Mahon, an employee who had been dismissed by the Cocke County Department of Human Services (Cocke County DHS). The chancery court reversed the Commission's final order, finding that the final order was unsupported by substantial and material evidence in the record before the Commission.

Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 10/04/95