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| Stuart Bowden vs. Memphis Bd. Ed.
02A01-9807-CH-00217
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 04/16/99 | |
| State vs. Lon Walker
01C01-9711-CR-00535
Originating Judge:Leon C. Burns, Jr. |
Putnam County | Court of Criminal Appeals | 04/16/99 | |
| City of Cleveland vs. Bradley County .
03A01-9804-CV-00140
|
Bradley County | Court of Appeals | 04/16/99 | |
| B.C.I. vs. City of Memphis
02A01-9709-CH-00238
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 04/16/99 | |
| Coleman vs. Coleman
03A01-9810-CV-00329
|
Cumberland County | Court of Appeals | 04/16/99 | |
| State vs. Robert P. Thurman
01C01-9806-CC-00253
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Maury County | Court of Criminal Appeals | 04/16/99 | |
| Morgan vs. Driskill
03A01-9802-CV-00079
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Jefferson County | Court of Appeals | 04/16/99 | |
| Billy Steagall vs. Nancy Steagall
M1998-00948-COA-R3-CV
This appeal involves a post-divorce dispute regarding the custody a 15-year-old boy. In August 1997, the boy's father petitioned the Chancery Court for Marshall County to change the minor's custody because of his concern that the mother's attempt to home school the boy had undermined his education and development of social skills. The mother opposed the petition and requested an increase in child support. During the June 1998 trial, the father presented evidence raising serious questions about the progress of the child's education and development of social skills, as well as other aspects of the mother's approach to parenting. The mother presented no evidence of her own. Instead, after the close of the father's proof, she asserted that the trial court could remediate the acknowledged deficiencies without changing custody. Thereafter, the parties and the court discussed at length the provisions of a proposed remedial order, and the hearing was adjourned when the parties and the court believed they had agreed on the contents of the proposed order. Before the trial court entered the proposed order, the wife took issue with a provision requiring her to enroll the child in public school. The trial court informed the parties that it had understood that both parties had agreed to send their child to public school and that it would resume the trial if its understanding was incorrect. Rather than requesting the trial court to resume the hearing, the mother filed this appeal claiming that the trial court had infringed on her constitutionally protected right to raise her child. We have determined, in accordance with Tenn. R. App. P. 36(a), that the mother is not entitled to appellate relief because she is, in part, responsible for the error and because she failed to pursue the reasonably available steps that would have nullified the harmful effect of the error. Accordingly, we affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Lee Russell |
Marshall County | Court of Appeals | 04/15/99 | |
| Patricia Anne Pehlman v. Gregory Lawrence Pehlman and Sobieski and Associates
3A01-9809-CV-00311
In this action Patricia Anne Pehlman essentially seeks a declaration that marital property awarded to her in a divorce is not subject to a lien in favor of the intervenor.
Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge Bill Swann |
Knox County | Court of Appeals | 04/15/99 | |
| Janice Hillyer vs. Charles Hillyer
M1998-00942-COA-R3-CV
The issues in this post-divorce case arise because the former husband's waiver of military retirement pay in order to receive disability benefits cut off the former wife's receipt of her portion of the retirement pay which had been awarded to her in the distribution of marital property. The former wife filed a contempt petition, seeking to reinstate her portion of the benefits. The trial court, relying on Gilliland v. Stanley, an unpublished opinion from this court, denied her motion for contempt. In light of our Supreme Court's holding in Johnson v. Johnson, No. W1999-01232-SC-R11-CV, 2001 WL 173502 (Tenn. Feb. 23, 2001), we reverse and remand.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 04/15/99 | |
| McNair vs. Smith
03A01-9804-CH-00122
|
Court of Appeals | 04/15/99 | ||
| McKinley vs. Holt
03A01-9807-PB-00220
|
Court of Appeals | 04/15/99 | ||
| Street vs. Waddell
03A01-9710-CV-00488
|
Washington County | Court of Appeals | 04/15/99 | |
| State vs. Antonio Ward
02C01-9808-CC-00233
Originating Judge:Whit A. Lafon |
Madison County | Court of Criminal Appeals | 04/15/99 | |
| Norris vs. Gounaris
03A01-9807-CH-00238
|
Court of Appeals | 04/15/99 | ||
| Janice Hillyer vs. Charles Hillyer
M1998-00942-COA-R3-CV
The issues in this post-divorce case arise because the former husband's waiver of military retirement pay in order to receive disability benefits cut off the former wife's receipt of her portion of the retirement pay which had been awarded to her in the distribution of marital property. The former wife filed a contempt petition, seeking to reinstate her portion of the benefits. The trial court, relying on Gilliland v. Stanley, an unpublished opinion from this court, denied her motion for contempt. In light of our Supreme Court's holding in Johnson v. Johnson, No. W1999-01232-SC-R11-CV, 2001 WL 173502 (Tenn. Feb. 23, 2001), we reverse and remand.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 04/15/99 | |
| O'Bryant vs. Reeder Chevrolet
03A01-9810-CV-00325
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Court of Appeals | 04/15/99 | ||
| Suzette Marie Elder vs. Sidney Lee Elder
M1998-00935-COA-R3-CV
This appeal involves a post-divorce custody dispute precipitated by the custodial parent's decision to accept a job in Texas. The custodial parent requested the Circuit Court for Franklin County to permit the parties' children to accompany him to Texas and to adjust the visitation arrangements accordingly. The non-custodial parent responded by requesting the trial court to change custody. Following a bench trial, the trial court declined to change the existing custody arrangement and permitted the custodial parent to move to Texas. On this appeal, the non-custodial parent takes issue with both the denial of her petition to change custody and the approval of the custodial parent's move to Texas. We have determined that the record supports both of these decisions and, therefore, affirm the trial court.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:J. Curtis Smith |
Franklin County | Court of Appeals | 04/15/99 | |
| State vs. Michael Elvis Green
W2001-00455-CCA-R3-CD
A Hardeman County jury found the defendant guilty of rape. Four issues are raised on appeal: (1) whether there was sufficient evidence to support the conviction; (2) whether the trial court erred in denying the defendant a continuance; (3) whether evidence of the defendant's escape from jail was improperly admitted; and (4) whether the trial court should have charged the jury as to sexual battery, statutory rape, and Class B misdemeanor assault as lesser-included offenses of rape. We affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Criminal Appeals | 04/15/99 | |
| Julia Leach Bryan vs. James Leach
M1998-00922-COA-R3-CV
This case involves post-divorce disputes over alimony and child support and issues of contempt of court. The father commenced this appeal after the trial court declined to modify or terminate his alimony obligation and awarded the mother more than $50,000 in child support arrearages and, later, found the father in contempt of court and ordered him to pay a fine of $100 per day until all judgments were paid to the mother. On appeal, the father argues that his alimony obligation should have terminated or decreased, that a portion of his child support payments should be placed in trust for the benefit of the children, and that the trial court erred by fining him for contempt. We affirm the trial court's orders but modify the fine imposed upon the father.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Jim T. Hamilton |
Maury County | Court of Appeals | 04/15/99 | |
| Dpt. Human Services vs. Whaley
03A01-9809-JV-00272
|
Court of Appeals | 04/15/99 | ||
| State vs. Donald Tallie
02C01-9807-CC-00229
Originating Judge:C. Creed Mcginley |
Carroll County | Court of Criminal Appeals | 04/15/99 | |
| Julia Leach Bryan vs. James Leach
M1998-00922-COA-R3-CV
This case involves post-divorce disputes over alimony and child support and issues of contempt of court. The father commenced this appeal after the trial court declined to modify or terminate his alimony obligation and awarded the mother more than $50,000 in child support arrearages and, later, found the father in contempt of court and ordered him to pay a fine of $100 per day until all judgments were paid to the mother. On appeal, the father argues that his alimony obligation should have terminated or decreased, that a portion of his child support payments should be placed in trust for the benefit of the children, and that the trial court erred by fining him for contempt. We affirm the trial court's orders but modify the fine imposed upon the father.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Jim T. Hamilton |
Maury County | Court of Appeals | 04/15/99 | |
| State vs. Ronald Ward
02C01-9806-CC-00173
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 04/15/99 | |
| Neas vs. Kerns
03A01-9812-CH-00386
|
Washington County | Court of Appeals | 04/15/99 |