APPELLATE COURT OPINIONS

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Julie Harlan, Individually and as Next Friend of James K. Hunt, II, a minor, v. James F. Lovett, Sonja Blackburn, v. James F. Lovett

03A01-9509-CV-00311

The Defendant has appealed from a jury verdict awarding compensatory and punitive damages for his conversion of seven saddle horses.

Authoring Judge: Special Judge Clifford E. Sanders
Originating Judge:Judge Richard Ladd
Sullivan County Court of Appeals 03/06/96
Jay Franklin Smith, v. Patricia Ann Smith

03A01-9511-CH-00381

In this custody dispute, the parties were divorced in 1992, and the mother was granted custody of the parties' minor son. The decree provided that the mother would not remove the child from the State without permission of the Court, but no scheduled visitatoin was ordered. Subsequently, visitation schedules were ordered or agreed upon and in June of 1993 the mother asked permission to move to Florida with the child, which petition was denied. In 1994, the father petitioned for a change of custody and contempt for failure of the mother to allow ordered visitation. The Court refused to change custody, but sentenced the mother to two days in jail for contampt of court, but stayed the sentence indefinitely on the assumption there will be no recurrence of this particular problem. This judgment was entered on December 13, 1994.

Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Chancellor Dennis H. Inman
Hamblen County Court of Appeals 03/06/96
Tina Harvey, et ux., v. Geneth Wolfer, D.O.

03A01-9512-CV-00452

Initially, this action was one for damages for the alleged medical malpractice of the defendant in dropping the plaintiff Tina Harvey or preventing her from falling and fracturing her ankle after an injection which may have caused numbness in her legs.

Authoring Judge: Senior Judge William H. Inman
Originating Judge:Senior Judge William H. Inman
Hamilton County Court of Appeals 03/05/96
Lynda Diane Schmidt, v. Glenn Vern Schmidt

03A01-9510-CV-00359

The trial court awarded the plaintiff rehabilitative alimony of $1,000.00 monthly for 24 months. The  plaintiff appeals, insisting that the award is (1) inadequate to her needs and (2) should have been in futuro. No other issue is presented.

Authoring Judge: Senior Judge William H. Inman
Bradley County Court of Appeals 03/05/96
Duane A. Peters v. Commonwealth Associates

03A01- 9508- CV- 00295

This is an action brought by Duane A. Peters (Peters) for alleged violations of the Tennessee Securities Act of 1980 and the Tennessee Consumer Protection Act of 1972. Peter's suit against Commonwealth Associates (Commonwealth) arose out of investments made by Peters through David Didkin, an agent of Commonweath. Commonwealth moved to stay this action and to compel arbitration of Peters' claim pursuant to T.C.A. § 29- 5-301 e t  s e q. , the Uniform Arbitration Act. In support of its motion, Commonwealth relied upon a written agreement, signed by Peters, wherein he agreed to submit al controversies between the parties to arbitration. The trial court granted Commonwealth's motion, staying ll proceedings in court and ordering the parties to proceed with arbitration. Peter's appeals raising the following issues:

Any condition, stipulation, or provision binding any person on acquiring any security to waive compliance with any provision of this part or any rule order hereunder is void.

Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Judge W. Dale Young
Blount County Court of Appeals 03/05/96
Donna June Archer, and James David Archer, Individually and as Administrators of the Estate of Verna Lee Archer, v. Burton Plaza Associates, Let., and American Management Company, Inc.

03A01-9511-CV-00417

This is an action for wrongful death. The plaintiffs seek to recover damages from the owners and operators of theBurton Plaza Apartments complex in Rogersville. The plaintiffs assert that the defendants were negligent in failing to provide preper security and protection for the occupants of the apartments. Specifically, they assert that the outside hallway doors of the apartment building were never locked. The plaintiffs also sue on the theory of breach of contract.

Authoring Judge: Judge Don T. McMurray, Jr.
Originating Judge:Judge John K. Wilson
Hawkins County Court of Appeals 03/04/96
Brian Weiford, D/B/A Elite Cable Television, v. Fields Development Co., Inc., D/B/A Deerfield Resort

03A01-9510-CV-00367

This is an appeal from the judgment of the trial court granting the appellee's motion for summary judgment. We affirm the judgment of the trial court.

Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Conrad Troutman
Campbell County Court of Appeals 03/04/96
Dorothy Louise Beck, v. Wendell Lee Beck

03A01-9601-CV-00023

This is a divorce case. The lower court's judgment dissolved a marriage that had endured, tumultuously at times, for over 29 years. The trial judge granted the 46-year old
plaintiff, Dorothy Louise Beck (Wife), a divorce on the ground of adultery; awarded her custody of the parties' two minor children1; established the child support obligation of the 47- year-old defendant, Wendell Lee Beck (Husband), at $300 per month; valued the parties' net marital estate at $372,040, which he divided equally between them; and awarded Wife alimony in solido of $25,000 to be paid out of Husband's share of the proceeds from the auction sale of a portion of the parties' Englewood farm. Husband appeals, raising issues that present the following questions:

Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Judge John B. Hagler
McMinn County Court of Appeals 03/04/96
Carolyn Bruce and husband, John David Bruce, v. Robert Olive and Sandra G. Olive, Individually and D/B/A Olive and Olive, P.C.

03A01-9509-CV-00310

This is a legal malpractice case. Plaintiffs, Carolyn Bruce, and husband, John David Bruce, appeal from the order of the trial court granting summary judgment to defendants, Robert Olive and Sandra G. Olive, individually and d/b/a Olive & Olive, P.C..

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Wheeler A. Rosenbalm
Knox County Court of Appeals 03/04/96
Jeffrey Keith Phillips and Jennifer Phillips, v. Eugene Russell

03A01-9509-CV-00298

For simplicity, the parties will be referred to in the capacity in which they appeared in the trial court. The parties to this appeal entered into a contract whereby the a;;ellant was to construct a home for the appellees. Problems developed between the parties which resulted in an action by the plaintiffs-appellees to recover damages frm the defendant-appellant for defective workmanship in the construction and to remove a cloud from their title resulting from a lien filed by the defendant. The defendant filed a counterclaim against the plaintiffs and a cross-claim against Shirley G. Hughes. Shirley Hughes was trustee under a deed of trust executed by the plaintiffs to secure payment of a promissory note in the amount of $80,000, payable to Elizabethton Savings and Loan Association.


 

Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge G. Richard Johnson
Washington County Court of Appeals 03/04/96
Mark Scott Smith, v. Faith Horne Smith

03A01-9411-CH-00413

Appellant Faith Horne Smith appeals a divorce decree entered by the Chancery Court for Knox County wherein she raises the following four issues:

1. Did the trial court err in the amount and term of alimony granted to the Defendant.

2. Did the trial court err in the awarding of joint custody of the parties minor children rather than allowing Defendant sole custody and /or the freedom to relocate with the children to another state with liberal extended visitation awarded to Plaintiff.

3. Did the trial court err i the dividing marital assets in such a manner that Defendant had little of no liquid assets to pay bills or attorney fees.

4.  Did the trial court err in refusing to grant attorney fees to Defendant.

 

 

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Chancellor Sharon J. Bell
Knox County Court of Appeals 03/01/96
Donald L. Tatum and Dorothy L. Tatum v. Vertis J. Wolrsham and Freda Johnson Michel

03A01-9507-CH-00219

This case originated from a complaint by Donald L. Tatum and Dorothy R. Tatum against Vertis J. Worsham for specific performance of a land sale agreement and damages. Mr. and Mrs. Tatum amended their complaint to join Freda Johnson Michel, a second mortgage holder of the subject property. Thereafter, Ms. Michel filed a cross-claim against Mrs. Worsham, principally seeking a determination of the balance owing on the second mortgage which was in dispute.

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Chancellor Howell N. Peoples
Hamilton County Court of Appeals 03/01/96
James Miller v. Miller Brothers Farms, Inc., Larry L. Miller, Garry Miller, and Allen Miller

03A01-9504-CH-00123

This is the second appeal in a continuing dispute between four of the sons of Andrew K. Miller, decease; namely, James Miller, Larry L. Miller, Garry Miller, and Allen Miller.

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Chancellor Earl H. Henley
Monroe County Court of Appeals 03/01/96
Robert John Williams, v. Mary Elizabeth (Williams) Evans

03A01-9511-CV-00400

The appellant sought an award of attorney fees of $31,205.48 and filed an affidavit in explanation of the hours her attorney had expended in this case, which involved the custody and support of one child.

Authoring Judge: Senior Judge William H. Inman
Blount County Court of Appeals 03/01/96
Floyd Ezell Jackson, v. Stella L. Smith Jackson

02A01-9510-CV-00214

The marriage between Floyd Ezell Jackson (Husband) and Stella L. Jackson (Wife) ended after some 21 years when the trial court found that both parties shall be awarded a divorce pursuant to T.C.A. § 36-4-129.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge William O'Hearn
Shelby County Court of Appeals 03/01/96
02A01-9307-CV-00171

02A01-9307-CV-00171

Originating Judge:Robert A. Lanier
Shelby County Court of Appeals 02/29/96
02A01-9503-CV-00042

02A01-9503-CV-00042

Originating Judge:Wyeth Chandler
Shelby County Court of Appeals 02/29/96
02C01-9502-CC-00052

02C01-9502-CC-00052

Originating Judge:Jon Kerry Blackwood
Fayette County Court of Criminal Appeals 02/29/96
01C01-9507-CR-00226

01C01-9507-CR-00226

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 02/29/96
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X2010-0000-XX-X00-XX
Court of Appeals 02/29/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Greene County Court of Appeals 02/29/96
02C01-9505-CR-00138

02C01-9505-CR-00138

Originating Judge:Joseph B. Dailey
Shelby County Court of Criminal Appeals 02/29/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 02/29/96
02C01-9501-CC-00013

02C01-9501-CC-00013

Originating Judge:F. Lloyd Tatum
Madison County Court of Criminal Appeals 02/29/96
02A01-9501-CV-00012

02A01-9501-CV-00012

Originating Judge:George H. Brown
Court of Appeals 02/29/96