COURT OF APPEALS OPINIONS

Trinity Industries v. McKinnon Bridge
M2002-02713-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Irvin H. Kilcrease, Jr.
In this case, appellant-contractor for construction of a bridge entered into a contract with appellee-subcontractor for the fabrication and delivery of structural steel. By virtue of an indemnity clause in the contract, the trial court held the contractor liable to the subcontractor for the amounts expended by the subcontractor in settlement of a lawsuit filed against it and for the expenses incurred in the defense of the lawsuit. Contractor appeals. We affirm.

Davidson Court of Appeals

John Doe 1 v. Roman Catholic Diocese of Nashville
M2001-01780-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Walter C. Kurtz
This appeal involves claims of intentional infliction of emotional distress through outrageous conduct. John Doe 1, his mother, and John Doe 2 seek to hold the Roman Catholic Diocese of Nashville liable for injuries caused by the alleged outrageous conduct of the Diocese in its dealings with Edward McKeown, a former priest, who sexually molested John Doe 1 and John Doe 2 a number of years after his affiliation with the Diocese ended. The trial court granted the Diocese's summary judgment motion, finding the Does had failed as a matter of law to satisfy the threshold requirements for stating a claim for the tort of outrageous conduct. The plaintiffs appeal that decision. Because we find the summary judgment motion was properly granted, we affirm the trial court.

Davidson Court of Appeals

Bobby R. Essary v. John R. Essary
W2003-00299-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: George R. Ellis

Gibson Court of Appeals

Larry Joe Manus v. County of Obion Facility
W2003-00447-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: William B. Acree

Obion Court of Appeals

W2003-00911-COA-R3-PT
W2003-00911-COA-R3-PT
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Robert W. Newell

Gibson Court of Appeals

W2003-01180-COA-R3-CV
W2003-01180-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Rita L. Stotts

Shelby Court of Appeals

Steve Rogers v. State
M2003-00215-COA-R3-CV
Authoring Judge: Judge William B. Cain
Plaintiff appeals dismissal by the Tennessee Claims Commission of his claim against the State of Tennessee resulting from an alleged assault and battery by a Tennessee State Trooper in the State Capital Building. The Claims Commission dismissed the claim for lack of subject matter jurisdiction, and we affirm the action of the Claims Commission.

Court of Appeals

W2002-02633-COA-R9-CV
W2002-02633-COA-R9-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Julian P. Guinn

Henry Court of Appeals

William B. Tanner v. John W. Harris, Jr., Trustee
W2002-02634-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: D. J. Alissandratos

Shelby Court of Appeals

W2002-03053-COA-R3-CV
W2002-03053-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: J. Steven Stafford

Dyer Court of Appeals

W2003-00018-COA-R3-CV
W2003-00018-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: George R. Ellis

Haywood Court of Appeals

Beverly Margaret Breckenridge v. Mary Loretta
W2003-00143-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Dewey C. Whitenton

McNairy Court of Appeals

W2003-00697-COA-R3-CV
W2003-00697-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Roy B. Morgan, Jr.

Chester Court of Appeals

Cynthia Faye Davis v. Terry Reggie Davis
W2002-02998-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: George R. Ellis

Gibson Court of Appeals

Charles Larry Honeycutt v. Ann Marie Migliaccio
W2003-00233-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Arnold B. Goldin

Shelby Court of Appeals

W2003-01162-COA-R9-CV
W2003-01162-COA-R9-CV
Trial Court Judge: John R. Mccarroll, Jr.

Shelby Court of Appeals

Brenda King v. Danny King
M2002-01897-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Marietta M. Shipley
Former Husband sought to accelerate former Wife's repayment of alimony overpayments that accrued between the divorce and this court's modification of the original award of alimony. Former Husband argues the trial court abused its discretion when it did not establish a reasonable repayment plan. Because we find the trial court did not abuse its discretion in fashioning a repayment plan, we affirm the trial court.

Davidson Court of Appeals

Donald Freeman v. Lynn Freeman
M2002-02558-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Muriel Robinson
This appeal involves a former husband's attempt to modify or terminate an alimony award to his former wife because of a change of circumstances. Primarily, husband asserts that he is retired, and his income and assets have been drastically reduced to the extent that he is unable to pay the alimony awarded. Wife filed a petition to hold husband in contempt for his failure to pay the alimony installments accrued. After a non-jury hearing, the trial court dismissed husband's petition and granted wife's petition holding husband in civil contempt of court. Husband appeals. We affirm.

Davidson Court of Appeals

Estelle Frame vs. Kenneth Frame Jr.
W2002-00490-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Robert L. Childers
This is a father's appeal of an order which, inter alia, increased a child support obligation based upon the finding of willful and voluntary unemployment. On mother's motion, the appeal is dismissed for failure to timely file a notice of appeal pursuant to Tenn. R. App. P. 4.

Shelby Court of Appeals

W2002-02221-COA-R3-CV
W2002-02221-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby

Court of Appeals

Ursula Wimpee v. Grange Mutual Casualty Company
W2002-02795-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: John R. Mccarroll, Jr.

Shelby Court of Appeals

Leslie M. Buchholz v. Tennessee Farmers Life
W2002-02989-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Joe C. Morris

Madison Court of Appeals

E2002-02809-COA-R3-CV
E2002-02809-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: John F. Weaver

Knox Court of Appeals

Marion Mitchell v. Patricia Mitchell
E2002-03030-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: William E. Lantrip
This is a post-divorce proceeding. Patricia Mitchell ("Wife") filed a petition seeking to modify the parties' previously-modified judgment of divorce. She alleged a change of circumstances and sought "an increased alimony award." Some 23 months later, and at a regularly scheduled hearing on the merits, the trial court denied Wife's motion for a continuance and dismissed her petition against Marion Mitchell ("Husband"). The trial court subsequently denied Wife's motion to reconsider. Wife appeals, asserting that the trial court erred in failing to grant her motion for continuance and in failing to reconsider that decision. We affirm.

Anderson Court of Appeals

Kassandra Greene vs. Tarry Greene
E2002-02611-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: L. Marie Williams
The Trial Court granted divorce, divided the marital assets, and assigned debts. The husband has appealed. We affirm.

Hamilton Court of Appeals