COURT OF APPEALS OPINIONS

W. Dale Gordon v. Robbyn Gordon - Concurring
03A01- 9702- CV- 00054
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Conrad Troutman, Jr.

This is a divorce case that comes to us in an unusual posture. The Husband filed his original complaint on April 3, 1996.  No answer was filed by the Wife.  A marital dissolution agreement was filed on June 12, 1996. The marital dissolution agreement provided for the division of  the parties' property and further contained the following provision:

The parties agree that they are equally responsible for the breakdown of  the marriage and respectfully request the court to declare them divorced rather than awarding a divorce to either party alone.

Jorge Ariel Sanjines, M.D., v. Ortwein and Associates, P.C., William H. Ortwein, J. Cris Helton, and John R. Morgan
3A01-9702-CV-00060
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge Douglas A. Meyer

Plaintiff, incarcerated in prison, brought this action against this attorney for alleged malpractice in representing him in the charges brought against him for criminal conduct.

Mabel Donnelly v. Robert E. Walter M. D. and Hermitage Nursing Center - Concurring
03A01-9610-CV-00323
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor G. Richard Johnson

Plaintiff Mabel Donnelly (Donnelly) appealed the trial court’s denial of her motion to reconsider a grant of summary judgment to the defendants Dr.  Robert E. Walter (Dr. Walter) and Hermitage Nursing Home (Hermitage).  She presents for our review the question of whether the denial of her  motion to reconsider was an abuse of the trial court’s discretion. For their part, the defendants contend that Donnelly’s appeal should be dismissed because of her failure to serve a copy of the notice of appeal on the clerk of this court. We affirm.

Deborah Hendrix, v. First Tennessee National Corporation, D/B/A First Tennessee Bank
03A01-9701-CV-00032
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge G. Richard Johnson

This action for damages for defamation and outrageous conduct was dismissed on motion for summary judgment. The plaintiff presents the propriety of the dismissal for appellate review, which is de novo on the record with no presumption of correctness. Johnson v. EMPE, Inc., 837 S.W.2d 62, 68 (Tenn. App. 1992).

Brian Grant vs. Tonya Grant
02A01-9603-CV-00053

Terri G. Bowers, v. Frederick Allan Bowers
03A01-9701-CV-00008
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge Bill Swann

In this custody dispute, the Trial Judge granted custody of the parties' child to the father, and the mother has appealed.

Edward J. Eyring, M.D., v. Fort Sanders Parkwest Medical Center, Inc., and Fort Sanders Alliance, Inc.
03A01-9607-CV-00240
Authoring Judge: Per Curiam
Trial Court Judge: Judge Wheeler A. Rosenbalm

We are primarily called upon in this appeal to decide whether the Tennessee Peer Review Law of 1967 ( T. C. A. § 63-6-219) ( t he La w), grants immunity to hospitals for actions taken against physicians. 1. Parkwest Hospital was purchased by Fort Sanders Alliance in 1990 and became known as Fort Sanders Parkwest Medical Center. We hereafter refer to the hospital as "Parkwest". 2.  upon recommendations of peer review boards or committees.  For reasons hereinafter stated, we believe that the law was intended to, and does, grant hospitals such immunity. We affimr the judgment of the trial court.

Christopher Brian Minnich, v. Nancy Graves Roberson
03A01-9612-CV-00384
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Bill Swann

This is an appeal from the judgment of the trial court granting joint custody of the parties' minor children to the parties, with the husband having primary residential custody. For reasons hereinafter stated, we affirm the judgment of the trial court.

In Re: Estate of Carl Parrott; Wanda P. Patterson v. Jerry K Galyon - Concurring
03A01-9612-CH-00386
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Chester S. Rainwater, Jr.

This is a declaratory action wherein the parties seek to have a portion of the will of Carl Parrot t, deceased, construed by the court. Carl Parrott died testate on February 20, 1990. His Last Will and Testament was executed on January 3, 1983, and named his attorney, Jerry K. Galyon, and his daughter, Wanda Parrott Patterson, co- executors.

Jerry Williams v. Memphis Housing Authority and Mable Monday v. Memphis Housing Authority
02A01-9608-CV-00190
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Wyeth Chandler

Defendant Memphis Housing Authority(MHA) appeals several orders entered by the trial court in favor of two of MHA’s former employees, Plaintiffs/Appellees Jerry D. Williams and Mable Monday (collectively, the Employees). In separate actions filed below, the Employees sued MHA for breach of employment contract. In both cases, the trial court entered orders granting the Employees’ motions for summary judgment based on the court’s conclusion that MHA’s Manual of Operations constituted part of the employment contract between the parties and, further, that MHA breached this contract by terminating the Employees without just cause. Amending the pleadings to conform to the proof in the records, the trial court’s foregoing orders also granted summary judgment to the Employees on their claims that, in terminating the Employees, MHA violated their rights to substantive and procedural due process.1 After conducting a subsequent hearing on the issue of remedies, the trial court entered final orders granting the Employees back pay and reinstatement to their former positions with MHA.2 Upon MHA’s motion, this court consolidated MHA’s appeals of the trial court’s judgments in favor of Williams and Monday because the appeals involve common questions of law and fact.3

Iva Dell Brown McAlexander v. Kenneth Jackson McAlexander
02A01-9611-CH-00289
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Joe C. Morris

Following the trial court’s order granting the parties an absolute divorce, distributing the parties’ property, awarding custody of the parties’ four minor children to Iva Dell Brown McAlexander (the Mother), and ordering Kenneth Jackson McAlexander (the Father) to pay child support to the Mother pursuant to the Child Support Guidelines, Father appealed. The sole issue presented by the Father is whether the trial court erred in granting custody of the parties’ four children to the Mother. We affirm.

Evelyn Campbell, a/k.a Elvin Campbell, Erma Dorton and Edria Humphrey, vs. Union Planters Bank , Formerly Commerce Federal Savings Bank
E1999-01910-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Kindall T. Lawson
In this action to recover on two certificates of deposit against the bank, the Trial Judge directed a verdict in favor of the plaintiffs after sustaining an objection to the bank's attempt to offer its business records in evidence. The bank has appealed, and we reverse and remand for a new trial.

Estate of Jane & John Doe vs. Vanderbilt Univ., et. al.
01A01-9609-CV-00429
Trial Court Judge: Hamilton V. Gayden, Jr.

Gilley vs. Culpepper
01A01-9611-CH-00521
Trial Court Judge: Ellen Hobbs Lyle

Gilley vs. Culpepper
01A01-9611-CH-00521
Trial Court Judge: William C. Koch

Nationsbank vs. JDRC
03A01-9607-CH-00226

Moore vs. Tate
03A01-9611-CV-00350

Dockery vs. Estate of Jack C. Massey
01A01-9611-CH-00531
Trial Court Judge: Irvin H. Kilcrease, Jr.

International Collection Services vs. Bailey
01A01-9702-CH-00072
Trial Court Judge: Claudia C. Bonnyman

American Steinwinter Investment Group vs. American Steinwinter, Inc.
01A01-9607-CH-00350
Trial Court Judge: Robert S. Brandt

State, ex. rel., Douglas Sizemore vs. United Physicians Insurance
01A01-9610-CH-00484
Trial Court Judge: Ellen Hobbs Lyle

Burke vs. The TN. Walking Horse Breeders
01A01-9611-CH-00511
Trial Court Judge: Lee Russell

Grace vs. Grace, Jr.,
01A01-9611-CV-00534
Trial Court Judge: Muriel Robinson

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Robin Lethco and husband, Mark Lethco v. John Huffman, M.D.
03A01-9610-CV-00340
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Dale Young

The sole issue on this appeal, as stated by the appellant, is whether the trial court erred in dismissing this action on motion for summary judgment. More properly stated, the issue is whether or not the trial court abused its discretion by denying a motion for a continuance of the hearing for summary judgment or alternatively whether the trial court abused its discretion in denying the plaintiffs relief from the summary judgment. We find no error on the part of the trial court and accordingly affirm the judgment.