COURT OF APPEALS OPINIONS

Larry Aubrey Henson v. Elizabeth Ellen Sorrell - Concurring
02A01-9711-CV-00291
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge James F. Russell

This case involves allegations of promissory fraud, fraudulent concealment, breach of contract, conversion, and intentional infliction of emotional distress arising from a woman’s failure to inform her partner that she had stopped taking birth control pills, her subsequent 1In another appeal currently before this Court, Henson appeals the paternity ruling of the juvenile court and challenges the constitutionality of the Tennessee Paternity Statute. 2 pregnancy, and the birth of a child. The plaintiff, Larry Aubrey Henson (Henson), appeals the trial court’s judgment for the defendant, Elizabeth Sorrell (Sorrell), after a trial on the merits.

Shelby Court of Appeals

Larry Aubrey Henson, v. Elizabeth Ellen Sorrell - Concurring/Dissenting
02A01-9711-CV-00291
Authoring Judge: Judge Holly Kirby Lillard

I write separately only to indicate disagreement with an inference that may be drawn from the majority opinion. The last sentence in the opinion states that a party such as Henson may recover damages immediately flowing from the wrongful conduct, as in Smith v. Gore, 728 S.W.2d 738 (Tenn. 1987). As noted in the majority opinion, the plaintiff mother in Smith was permitted to recover in a medical malpractice action for damages immediately related to pregnancy and childbirth.

Court of Appeals

Rita Jean Fisher, v. Lena Green and Gloria Smith
01A01-9708-CH-00389
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Ellen Hobbs Lyle

This is a nuisance action by one neighbor against another. The plaintiff alleged in her lawsuit that the defendant took action to cause flooding on the plaintiff’s property. The trial court found that the defendant had taken actions that resulted in flooding and enjoined further such actions, but found the evidence insufficient to award the plaintiff monetary damages for alleged damage to her home. The plaintiff appeals, and we affirm.

Davidson Court of Appeals

Mildred Johnson and Gary Johnson, v. Charles T. Cantrell and Patricia Cantrell
01A01-9712-CV-00690
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Barbara N. Haynes

Plaintiffs Mildred and Gary Johnson appeal an order of the trial court granting summary judgment in favor of Defendants Charles T. and Patricia Cantrell. For the reasons set forth below, we affirm the trial court’s ruling.

Davidson Court of Appeals

Andrea D. Bryant v. Phillip Wright, Jr. - Concurring
01A01-9712-CV-00710
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

Defendant Phillip Wright, Jr. (“Wright” or” Appellant”) appeals the judgment of the trial court which awarded Plaintiff Andrea D. Bryant (“Bryant” or “Appellee”) the sum of $9,919.80 for breach of contract.

Davidson Court of Appeals

Katherine Jewell Smith and Jimmie Lewis Smith v. Methodist Hospitals Memphis, Keith G. Anderson, M.D. and The Sutherland Clinic, Inc., F/K/A Cardiology Consultants of Memphis
02A01-9712-CV-00302
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Robert L. Childers

This interlocutory appeal involves an action by a setling tortfeasor for contribution from an alleged joint tortfeasor. Defendant/cross-plaintiff, Methodist Hospital of Memphis (Methodist), appeals from the order of the trial court dismissing its cross-complaint for contribution against defendant/cross-defendant, Keith G. Anderson, M.D. Apparently, Smith reluctantly included Anderson as a defendant and chose not to prosecute her claim against him. In a Motion in Limine filed April 18, 1997, Smith stated that she would not seek to produce expert testimony in her case against Anderson, and he agreed not to seek a directed verdict because of absence of expert proof.

 

Shelby Court of Appeals

Sarah May (Childers) (Harrison) Anderson, v. William Travis Harrison, Sr.
02A01-9805-GS-00132
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Bob G. Gray

Plaintiff Sarah May Anderson appeals the trial court’s order enforcing the final divorce decree which was previously entered by the court in December 1981. The trial court enforced the decree’s provision relative to the division of the parties’ former marital home by requiring Defendant/Appellee William Travis Harrison, Sr., to pay to the Plaintiff the sum of $12,084.36 for her interest in the property. The trial court enforced the decree’s provision requiring the Defendant to pay a reasonable amount of child support to the Plaintiff by ordering the Defendant to pay to the Plaintiff the sum of $2250 for nine months of child support; however, the court ruledthat all other claims for child support were barred by the ten-year statute of limitations applicable to actions on judgments and decrees. Based on our conclusion that both of these rulings were in error, we modify in part, affirm in part, and reverse in part the trial court’s judgment.

McNairy Court of Appeals

Florence Howard v. Jimmie Howard
02A01-9608-CV-00175
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge James E. Swearengen

Defendant Jimmie Howard (Husband) appeals the trial court’s order denying his motion to set aside the final divorce decree previously entered by the court. We affirm the trial court’s judgment based on our conclusion that the record contains insufficient evidence to support the Husband’s motion to set aside.

Shelby Court of Appeals

Bobby Rushing vs. Robert Daniel
02A01-9711-CH-00278
Trial Court Judge: R. Lee Moore Jr.

Dyer Court of Appeals

Annaco Inc. vs. John Corbin
02A01-9804-CH-00111
Trial Court Judge: D. J. Alissandratos

Shelby Court of Appeals

Jean Dotson vs. Amanda Blake
02A01-9804-CV-00117
Trial Court Judge: William B. Acree

Weakley Court of Appeals

William Winchester vs. Christy Little
02A01-9806-CV-00158
Trial Court Judge: Julian P. Guinn

Madison Court of Appeals

William Winchester vs. Christy Little
02A01-9806-CV-00158
Trial Court Judge: John Franklin Murchison

Madison Court of Appeals

State vs. Alberta Beard, et al
02A01-9806-JV-00159
Trial Court Judge: J. Weber Mccraw

Fayette Court of Appeals

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Hamilton Court of Appeals

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Court of Appeals

Kenneth Culbert v. Carter County, Tennessee
03A01-9801-CV-00018
Authoring Judge: Presiding Judge Houston M. Goddard

The appellant, Mr. Kenneth Culbert, appeals from an order of the Circuit Court of Carter County granting Carter County’s motion to dismiss or for summary judgment of Mr. Culbert’s appeal of a decision of the Carter County Planning Commission by a writ of certiorari.
 

Carter Court of Appeals

11-98-529-D
11-98-529-D
Trial Court Judge: A. Andrew Jackson

Dickson Court of Appeals

Ernest Atkins vs. Security Life Co.
02A01-9710-CV-00257
Trial Court Judge: James E. Swearengen

Shelby Court of Appeals

John Brantley vs. Robery Mayo
02A01-9710-GS-00261
Trial Court Judge: Walter Baker Harris

Madison Court of Appeals

Adrian Pate vs. State
02A01-9803-BC-00060

Court of Appeals

Estate of Purnie Allen
02A01-9808-PB-00232
Trial Court Judge: Leonard Pierotti

Shelby Court of Appeals

Carolyn Vatter vs. Robert Vatter
02A01-9707-CV-00141
Trial Court Judge: Robert L. Childers

Shelby Court of Appeals

Gilliam vs. Jones
01A01-9801-CH-00031
Trial Court Judge: Tyrus H. Cobb

Bedford Court of Appeals

Kidd vs. Hawthorne
01A01-9808-CV-00413
Trial Court Judge: Houston M. Goddard

Bedford Court of Appeals