COURT OF APPEALS OPINIONS

Teri Michelle Parker, v. Richard Ken Parker
01A01-9504-CH-00138
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Allen W. Wallace

In this case, Plaintiff-Appellant, Teri Michelle Parker (Wife), appeals the trial court’s decision to award custody of the parties' child, Dylan Ken Parker, to Defendant-Appellee, Richard Ken Parker (Husband), alleging that the custody determination was based on the effects of racial prejudice. We affirm the trial court’s award of custody to Husband.

Houston Court of Appeals

Victoria Angozi Anene v. John N. Namdi Anene
03A01-9511-CV-00387
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge William L. Brown

The Defendant, John Namdi Anene appeals a judgment of the Circuit Court of Hamilton County granting Victoria Ngozi Anene's petition for divorce and awarding her custody of their three minor children. Mr. Anene raises five issues on appeal, two of which are jurisdictional. (See appendix.) As to the jurisdictional issues, we find that the Circuit Court of Hamilton was correct in assuming jurisdiction to hear both the divorce and custody issues. We find the remainint issues to be without merit.

 

Hamilton Court of Appeals

Richard Briggs and Stephanie R. Briggs, v. Riversound Limited Partnership, William S. Nix, D/B/A WEN Enterprises, General Partner, and Daryl Wagner
03A01-9603-CV-00115
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Dale C. Workman

The single issue in this case is whether a remote purchaser of a home may maintain a negligence action against the builder of the home despite a lack of contractual privity. The trial court granted summary judgment in favor of the defendant and this appeal resulted. We reverse the judgment of the trial court.

Knox Court of Appeals

Ada Bell Brown and Beverly J. Everett, Marion Evertt Barton, and Gerald Joseph Everett, v. Ralph Everett (Individually) and as Executor of the Estate of Joseph Robert Everett, et al.
03A01-9605-00174
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge Buddy L. Perry

Walter Everett died in 1993; his children Marion Everett Barton and Gerald Joseph Everett were substituted as plaintiffs in place of their father. In this contest of the will of the deceased, Joseph Everett, a jury returned special verdicts that the deceased did not have sufficient mental capacity to make a valid will, and Joseph Robert Everett, Deceased, was unduly influenced by Ralph Everett on March 11 to the extent that such influence amounted to coercion, destroying the free will of the deceased and substituting his will for the deceased and compelling the deceased to make a disposition he otherwise would not have made.

 

Bledsoe Court of Appeals

Mark McCain v. Airport Honda and Bob Rutherford
03A01- 9603- CV- 00099
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge W. Dale Young

In this action asking damages for alleged retaliatory discharge, the Trial Court granted employer summary judgment, and plaintiff has appealed. We affirm.

 

Court of Appeals

William A. Winningham Executor of the Estate of Alston Winningham v. Tammy K. Winningham - Concurring
03A01-9604-PB-00152
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Gary W. Dodson

We are called upon in this appeal to determine whether relying on the advice of an attorney in filing an unfounded will contest constitutes probable cause sufficient to avoid the enforcement of a forfeiture clause in the will. For the reasons set forth below, we find that such reliance does constitute probable cause, and reverse the judgment of the trial court.

Cumberland Court of Appeals

State of Tennessee, v. Brian K. Collins
03C01-9510-CC-00305
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge R. Jerry Beck

The defendant, Brian K. Collins, was convicted of violating a habitual traffic offender order, violation of registration, and evading arrest. He was sentenced as a range one offender to two years for violating the order, thirty days for violation of registration, and eleven months and twenty nine days for evading arrest, all to be served concurrently. This is his appeal of right.

Sullivan Court of Appeals

State of Tennessee, v. John Russell Turner
03C01-9510-CC-00321
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The appellant, John Russell Turner, appeals from his conviction by a jury for driving under the influence of an intoxicant. The Circuit Court of Blount County sentenced the appellant to eleven months and twenty-nine days incarceration in the county jail and suspended all but five days. On appeal, the appellant contends that the evidence adduced at trial is insufficient to support a conviction, because the State failed to prove that he intended to operate a vehicle.

Blount Court of Appeals

State of Tennessee v. John Russell Turner
03C01-9510-CC-00321
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The appellant, John Russell Turner, appeals from his conviction by a juryfor driving under the influence of an intoxicant. The Circuit Court of Blount County sentenced the appellant to eleven months and twenty-nine days incarceration in the county jail and suspended all but five days. On appeal, theappellant contends that the evidence adduced at trial is insufficient to support a conviction, because the State failed to prove that he intended to operate a vehicle.

Blount Court of Appeals

Arthur Blair v. Marilyn Badenhope - Concurring
03A01- 9604- CH- 00128
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor Dennis H. Inman

Joy Badenhope is the child of Susan Badenhope and Arthur Blair.  Susan Badenhope, a resident of North Carolina, died when the child was less than one year old.  After her death, Joy began residing with her maternal grandmother, Marilyn Badenhope, in Tennessee.  The grandmother was granted custody by a North Carolina court in an action for custody she filed some two months after the mother's death.  The father soon thereafter moved to Tennessee and filed an action in Tennessee to increase visitation and attain custody.

Greene Court of Appeals

Faye Louise Taylor Chadwell, v. Albert Chadwell and Consolidation Coal Company
03A01-9601-GS-00007
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Billy Joe White

In this post-divorce proceeding, the Chancellor found that certain assets owned by Albert Chadwell at the time of the parties' divorce were marital assets and that his former wife, Fay Louise Taylor Chadwell, was entitled to a judgment against him of $94,320, which included the interest from the date of the divorce. The Chancellor also impressed a lien against certain real estate originally owned by Mr. Chadwell, who later purported to transfer an interest to his present wife. Both the real estate and the home Mr. Chadwell erected thereon were paid for in part with the assets in dispute in this appeal.

Campbell Court of Appeals

Debra Jewell Young Ford v. Dennis Clifford Ford
03A01-9606-CH-00197
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Earl H. Henley

This appeal arises from the judgment of the trial court which, among other things, awarded a divorce to the defendant, provided for custody of the parties' minor children and made a division of the marital estate. We affirm the judgment of the trial court.

Court of Appeals

Fred Johns, Administrator of The Estate of Sue Eva Johns, v. Takoma Adventist Hospital
03A01-9604-CV-00130
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge John K. Wilson

In this action for damages for personal injuries to the deceased, the complaint alleged the deceased was placed in a room while in defendant hospital, and on April 18, 1991, she ws found lying on the floor with injuries about her head and face. It was further alleged that it was not learned until wll after her death, in conversation with the physicians of the plaintiff decedent, that the decedent more likely would have survived for many years had she not fallen...

Greene Court of Appeals

Susan Renee Wright Williamson v. John Houston Williamson
03A01-9602-DR-00073
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge William R. Brewer, Jr.

In this divorce action the Trial Court awarded to each party an absolute divorce from the other on the grounds of  inappropriate marital conduct. The Court awarded the custody of the parties' two minor children to the mother, ordered the father to pay child support and based upo the guidelihes, and in dividing the parties' marital estate  concluded that their home was a gift from the husband's paretns to him alone, and therefore separate property. From this latter determination, the wife has appealed.

 

Court of Appeals

Cooksey vs. Shelley
01A01-9708-CV-00378
Trial Court Judge: Bobby H. Capers

Wilson Court of Appeals

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Court of Appeals

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Court of Appeals

02A01-9211-CV-00327
02A01-9211-CV-00327
Trial Court Judge: James E. Swearengen

Shelby Court of Appeals

02A01-9505-CV-00112
02A01-9505-CV-00112
Trial Court Judge: George H. Brown

Shelby Court of Appeals

01-9511-CV-00242
01-9511-CV-00242
Trial Court Judge: Dick Jerman, Jr.

Gibson Court of Appeals

01-9511-CV-00242
01-9511-CV-00242
Trial Court Judge: Dick Jerman, Jr.

Gibson Court of Appeals

01A01-9505-CH-00215
01A01-9505-CH-00215
Trial Court Judge: C. Allen High

Davidson Court of Appeals

01A01-9604-CH-00148
01A01-9604-CH-00148
Trial Court Judge: John Walton West

Dickson Court of Appeals

01A01-9511-CH-00493
01A01-9511-CH-00493
Trial Court Judge: Allen W. Wallace

Court of Appeals

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Court of Appeals