COURT OF APPEALS OPINIONS

Susie Buchanan vs. Memphis Light, etc.
02A01-9610-CV-00245
Trial Court Judge: James E. Swearengen

Harris Hughes Jr. vs. TN Seeds, et al
02A01-9611-CV-00290
Trial Court Judge: Dick Jerman, Jr.

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Raymond Morris vs. Voil Morris
02A01-9610-CH-00236
Trial Court Judge: George R. Ellis

Jewell Maness vs. Estate of Acie Maness
02A01-9611-CH-00270
Trial Court Judge: Joe C. Morris

Lasalle Dudley vs. Raye Dudley
02A01-9705-CH-00104

Franklin Thomas Burns v. Bernice A. Burns - Concurring
01-A-01-9705-CH-00218
Authoring Judge: Judge Walter W. Bussart
Trial Court Judge: Chancellor Alex W. Darnell

This is an appeal by respondent/appellant, Bernice A. Burns (“Wife”), from the order of the trial court granting Wife and petitioner/appellee, Franklin Thomas Burns (“Husband”), a divorce, dividing the marital property, and granting temporary alimony. Wife complains the court erred when it divided the parties’ property and awarded Wife $400.00 alimony per month for six months. The facts out of which this matter arose are as follows.

International Supply Co., Inc. v. The Warner Group LTD - Concurring
01-A-01-9705-CH-00235
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Tom E. Gray

This appeal involves a question of personal jurisdiction over a nonresident corporation. The Chancery Court of Sumner County dismissed the complaint. We affirm.

Vera Maureen Higgs v. Gayle Lynn Higgs
01A01-9702-CV-00057
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Donald P. Harris

Each of the captioned parties filed a notice of appeal from a judgment of the Trial Court
awarding to the plaintiff-wife a divorce on grounds of adultery and inappropriate marital
conduct.

Maxine Nelson v. The Pacesetter Corporation
01A01-9703-CH-00141
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Chancellor Ellen Hobbs Lyle

This is a suit for damages for an alleged retaliatory discharge brought pursuant to Tenn. Code Ann. § 50-1-304. As winnowed, the plaintiff alleges that she was discharged because she refused to participate in gambling activities which were illegal under Tenn. Code Ann. § 39-17-501.

James C. Tomlinson and Charles F. McKelvey, v. Edna J. Kelley and Jeanette M. Coke
01A01-9608-CV-00378
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Barbara N. Haynes

This appeal involves a controversy surrounding the appointment of a local city official. The mayor and the city manager of the City of Berry Hill filed a defamation action in the Circuit Court for Davidson County against two city residents who publicly questioned the circumstances surrounding the interim appointment of a member of the Board of Commissioners. The trial court granted the residents’ motion for summary judgment and dismissed the city officials’ complaint. On this appeal, the city officials assert that the trial court should not have granted the summary judgment because the record contains evidence that the residents knew or should have known that their critical statements made to a local newspaper were false. We affirm the trial court.

Herbert Carson Branum, v. City of Maynardville, Paul Bowman, Bill P. Graves, Russell Gillenwater, Len Padgett, and H.E. Richardson
03A01-9604-CH-00127
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Billy Joe White

Plaintiff Herbert Carson Branum appeals dismissal of his suit against the City of Maynardville and its Commissioners, seeing reinstatement to his position as Water Commissioner and damages for his wrongful discharge, both compensatory and exemplary. He also seeks an order enjoining the Defendants "from any further ultra vires acts against the Plaintiff" based upon his contention that they had violated certain of our State Statutes.

City of Memphis v. The Civil Service Commission of the City of Memphis and Stanley Shotwell
02A01-9512-CH-00289
Authoring Judge: Judge Holly Kirby Lillard

This case involves a chancery court review of a decision by a civil service commission. The
commission had ordered the reinstatement of a police officer. The chancery court reversed the
commission’s decision, upholding the termination of the officer’s employment. We affirm the
decision of the chancery court.

Paul Farnsworth, A/K/A Ronnie Bradfield, v. Richard Kenya, et al.
02A01-9707-CV-00145
Authoring Judge: Judge David R. Farmer

The plaintiff, Paul Farnsworth a/k/a Ronnie Bradfield, sued defendants Richard Kenya,1 Stephen Dotson and two John Doe defendants. The complaint alleges that Plaintiff is an inmate at the Lake County Regional Correctional Facility (LCRCF), Richard Kenyon is identified as an employee and Stephen Dotson as the associate warden at LCRCF. The complaint alleges that Plaintiff was given permission to marry while incarcerated, wedding plans were formulated but, within less than 24 hours prior to the wedding, he was advised that the wedding was cancelled.

Cody Glasner, a minor, by next friend and parents, Deryl and Polly Glasner, and Deryl and Polly Glasner individually, v. John Howick, M.D., Humana of Tennessee Inc., John A Shull, M.D., Jane L. Rohrer, M.D. and William D. Crawley, M.D.
03A01-9612-CV-00401
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge Robert M. Summitt

This is a medical malpractice action brought by Deryl and Polly Glasner individually and as parents and next friend of Cody Glasner, who was born October 6, 1991.1 As winnowed by pleadings, the surviving claim is on behalf of Cody, who was born brain dead. The parents of Cody conceded that their individual claims were time-barred.  This condition is known as a prolapsed cord. His resuscitation is alleged to have been contrary to the prevailing standard of care in this jurisdiction, since he had no reasonable prospect for a qualitative life.

First Tennessee Bank National Association, v. C.T. Resorts Company, Inc., C. Gary Triggs, and James C. Childers
03A01-9704-CH-00134
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Chancellor Sharon Bell

This appeal is from a summary judgment granted to plaintiff against defendants by the Trial Judge. Essentially, defendants insist that the record contains evidence of misrepresentations of the value of the property by plaintiff’s agents, which was 1Triggs’ and Childers’ earlier affidavits apparently claim that Stooksbury showed them both Smith appraisals. Their later affidavits, however, refer only to the second Smith appraisal. 2 purchased by defendants, and that these representations are actionable under their counter-claims.

State of Tennessee Department of Children's Services v. Yvonne Bardin - Concurring
03A01-9705-JV-00152
Authoring Judge: Judge William H. Inman
Trial Court Judge: Judge Suzanne Bailey

The parental rights of Yvonne Bardin were terminated by the Juvenile Court of Hamilton County and she appeals. Four (4) children are involved. The issue presented for review is whether the evidence is clear and convincing. We find that it is and affirm.

Kenneth F. Taggart and wife, Toni Corwin, v. Bart Richards and Blue Cross Blue Shield of Tennessee
03A01-9707-CV-00262
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge Richard E. Ladd

This is an action for damages for personal injuries allegedly occurring on April 9, 1993 in the early evening, when the vehicle operated by the plaintiff was struck by a vehicle operated by the defendant. Upon trial, a jury returned a verdict for the plaintiff establishing damages at $8,445.00 and further determined that defendant was 51% at fault for the accident. The Trial Judge approved the verdict and plaintiffs have appealed.

Shofner vs. Red Food Stores (TN)
01A01-9609-CV-00437
Trial Court Judge: Lee Russell

Volunteer Beer, Inc. vs. Johnson, Jr.
01A01-9703-CH-00126
Trial Court Judge: Robert S. Brandt

State Dept. of Children Svcs vs. Manier
01A01-9703-JV-00116
Trial Court Judge: John B. Melton

Fortunes vs. Watson
03A01-9705-CV-00164
Trial Court Judge: James B. Scott, Jr.

Cook vs. Brookside
03A01-9706-CV-00212