APPELLATE COURT OPINIONS

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Beason vs. Beason

03A01-9809-CV-00314
Knox County Court of Appeals 04/16/99
Clark vs. Clark

03A01-9807-CH-00224
Knox County Court of Appeals 04/16/99
Kennedy vs. Holder et al

01A01-9805-CV-00242

Originating Judge:Buddy D. Perry
Franklin County Court of Appeals 04/16/99
Cochran vs. Lowe

03A01-9809-CV-00292
Court of Appeals 04/16/99
State vs. Edward L. Samuels

01C01-9803-CR-00145
Davidson County Court of Criminal Appeals 04/16/99
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
Maury County Court of Criminal Appeals 04/16/99
Morgan vs. Driskill

03A01-9802-CV-00079
Jefferson County Court of Appeals 04/16/99
Ricky McElhaney vs. State

01C01-9806-CR-00247

Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 04/16/99
State vs. Melissa Roberts

01C01-9806-CR-00238
Sumner County Court of Criminal Appeals 04/16/99
Vanderbilt University vs. Pamela Henderson

M1998-00929-COA-R3-CV
This appeal involves a dispute between Vanderbilt University and one of its graduates arising out of two student loans. After the former student stopped repaying the loans, Vanderbilt University filed suit in the Davidson County General Sessions Court seeking to recover the principal and interest due, collection costs, and attorney's fees. The general sessions court awarded Vanderbilt University a $9,056.43 judgment. The former student perfected a de novo appeal to the Circuit Court for Davidson County. Following a bench trial, the trial court awarded Vanderbilt University a $5,051.56 judgment and established an installment payment plan for the judgment. The former student asserts on this appeal that Vanderbilt University was not entitled to a judgment against her because of its failure to comply with the Fair Debt Collection Practices Act and the requirements of the federal student loan program and because she has fully repaid her loans. We have concluded that the record supports the trial court's decision and, therefore, affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Thomas W. Brothers
Davidson County Court of Appeals 04/16/99
Bowman vs. Midstate Finance Co.

01A01-9808-CH-00424

Originating Judge:W. Charles Lee
Bedford County Court of Appeals 04/16/99
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
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