APPELLATE COURT OPINIONS

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Debra White, v. Robin Merritt, Judy Merritt, and Bill Sharp

03A01-9505-CV-00165

Pursuant to Rule 54 of the Tennessee Rules of Appellate Procedure, the Plaintiff, Debra White, appeals an order of summary judgment entered in favor of the Defendant, Bill Sharp. Ms. White sought damages she suffered as a result of a dog bite. The suit was brought against Mr. Sharp, the owner of the premises where the dog was kept, and his tenants, Robin Merritt and Judy Merritt, the owners of the dog. A voluntary non-suit ws taken as to Mr. Merritt and adefault judgment ws entered against Mrs. Merritt.

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge Wheeler Rosenbalm
Knox County Court of Appeals 12/06/95
Susan (Rier) Metrolis, v. Timothy William Rier

02A01-9409-JV-00205

This appeal involves a juvenile court proceeding for child support. Petitioner, Susan Rier Metrolis (Mother), filed a petition against Timothy William Rier (Father) on October 28, 1993, seeking past, present, and future support for their two minor children, Crystal and Lisa. The petition requests that "the respondent should be ordered to contribute toward the support of said children according to the respondent's means and the needs of said children and reimburse the petitioner for the expenses of rearing the children with the respondent's assistance."

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Kenneth A. Turner
Shelby County Court of Appeals 12/05/95
Shirley Ashford v. Joshua C. Benjamin, et al.; Dorothy Wiseman Jackson v. Joshua C. Benjamin; Stevan L. Black v. James E. Blount, III - Concurring

02A01-9408-CV-00175

Appellant, James E. Blount, III, appeals from the judgment of the Shelby County Circuit Court holding him in criminal contempt on two separate accounts and imposing sentence.

Authoring Judge: Judge Farmer
Originating Judge:Judge D'Army Bailey
Shelby County Court of Appeals 12/05/95
Lee Anne Johnson v. Brett Paul Johnson

02A01-9408-CV-00183

In this divorce action, Brett Paul Johnson (Husband) has appealed the trial court's ruling that Husband was not entitled to rehabilitative alimony and attorney fees from Lea Anne Johnson (Wife).

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge George H. Brown
Shelby County Court of Appeals 12/05/95
Vickie Dianne Tuttle v. Robert Edward Tuttle

01A01-9512-CV-00546

This appeal involves a divorce in which the husband has been incarcerated throughout the marriage. After approximately four years of marriage, both the wife and the husband filed suit for divorce in the Circuit Court for Coffee County. Following a bench trial attended only by the wife, the trial court granted the wife a divorce on the grounds that the husband was incarcerated and that his conviction had rendered him infamous. On this appeal, the husband asserts that the trial court should not have granted the wife a divorce because she did not properly verify her complaint and asserts that he did not receive property that was rightfully his. We have determined that the judgment should be affirmed and that the case should be remanded for consideration of the husband’s property claims.

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Gerald L. Ewell, Sr.
Coffee County Court of Appeals 12/01/95
Tennessee Farmer's Mutual Insurance Company v. Billy Wagner and wife Mona G. Wagner

01A01-9505-CV-00190

The issues in this appeal are (1) whether the misrepresentations in an application for insurance made the policy void as to the applicant and (2) whether the insurance was void as to the appellant's wife, who did not sign the application. The Circuit Court of Lawrence County granted summary judgment to the insurance company. We affirm.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge William B. Cain
Lawrence County Court of Appeals 12/01/95
John M. Cannon, Grayson Smith Cannon, and Cannon, Cannon, & Cooper v. Susan Garner Abby, Davidson Circuit Rubenfeld, individually and D/B/A Rubenfeld & Associates

01A01-9505-CV-00195

The appellants are two lawyers who are defendants below in a malicious prosecution and abuse of process case. We granted their motion for an extraordinary appeal, to review the trial court's holding that the work product doctrine did not prevent the discovery of certain information generated in the prior case. We affirm the trial court's order

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Walter C. Kurtz
Davidson County Court of Appeals 12/01/95
Lloyd Winfred Carden, Jr., v. Amy Malissa Carden

01A01-9502-CH-00042

This appeal involves the custody and support of two children under twelve years of age. Both parents sought a divorce and requested custody of the children. Following a bench trial, the Chancery Court for Coffee County granted the divorce to the father, awarded him custody of the children, and directed the mother to pay child support. Both parents have appealed. The mother takes issue with awarding custody to the father; while the father challenges the amount of the child support award. We have determined that the evidence does not preponderate against awarding custody of the children to the father but that the trial court should not have reduced the amount of the mother’s child support obligation by the mother’s cost of providing the children’s medical insurance. Accordingly, we affirm the judgment as modified and remand for further proceedings.

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge John W. Rollins
Coffee County Court of Appeals 12/01/95
Ernest R. Fenn and wife, Patsy S. Fenn, v. Harry W. Miller, III, v. HIghland Credit Bureau, Inc., D/B/A Mid-State Credit Bureau

01A01-9503-CV-00100

This appeal involves the imposition of Tenn. R. Civ. P. 11 sanctions for inadequate pre-filing investigation in a malicious prosecution case. After the Fifth Circuit Court for Davidson County dismissed the plaintiffs’ claims against one of the defendants, the defendant sought sanctions against one of the plaintiffs’ lawyers. The trial court conducted an evidentiary hearing, found that the plaintiffs’ lawyer had failed to make an objectively reasonable factual and legal
inquiry before filing the complaint, and ordered the lawyer to pay the defendant $1,500. On this appeal, the plaintiffs’ lawyer challenges the legal and factual basis for the sanctions. We have determined that the record fully supports the trial court’s decision and also that this appeal is frivolous. Accordingly, we affirm and remand the case for the assessment of damages pursuant to Tenn. Code Ann. § 27-1-122 (1980).

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Walter C. Kurtz
Davidson County Court of Appeals 12/01/95
State of Tennessee o.b.o., Linda C. Britton, v. Robert Eugene Kyer

01A01-9507-CV-00293

This cause commenced when plaintiff Linda Britton filed a petition to establish paternity and for child support in West Virginia, pursuant to that state's Uniform Reciprocal Support Act (URESA). The petition was forwarded to the Circuit Court for Coffee County, Tennessee for prosecution.

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Gerald L. Ewell, Sr.
Coffee County Court of Appeals 12/01/95
01C01-9503-CC-00057

01C01-9503-CC-00057
Stewart County Court of Criminal Appeals 11/30/95
01C01-9402-CR-00067

01C01-9402-CR-00067

Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 11/30/95
03A01-9506-CV-00195

03A01-9506-CV-00195
Court of Appeals 11/30/95
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Knox County Court of Appeals 11/30/95
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Court of Appeals 11/30/95
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Hamilton County Court of Appeals 11/30/95
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX

Originating Judge:J. Steve Daniel
Rutherford County Court of Criminal Appeals 11/30/95
03C01-9304-CR-00136

03C01-9304-CR-00136

Originating Judge:W. Lee Asbury
Claiborne County Court of Criminal Appeals 11/30/95
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Court of Appeals 11/30/95
03C01-9304-CR-00136

03C01-9304-CR-00136

Originating Judge:W. Lee Asbury
Claiborne County Court of Criminal Appeals 11/30/95
03A01-9508-CH-00257

03A01-9508-CH-00257
Knox County Court of Appeals 11/30/95
01C01-9504-CR-00107

01C01-9504-CR-00107
Sumner County Court of Criminal Appeals 11/30/95
03A01-9508-CH-00258

03A01-9508-CH-00258
Knox County Court of Appeals 11/30/95
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X2010-0000-XX-X00-XX
Hamilton County Court of Appeals 11/29/95
Cyril v. Fraser

02C01-9503-CC-00089

Originating Judge:Joe G. Riley. Jr.
Dyer County Court of Criminal Appeals 11/29/95