COURT OF APPEALS OPINIONS

Billy Gwin Mitchell, v. Sam F. Cole, Jr., Substitute Trustee, Estate of Pudence Reynolds, and Gerald W. PIckens, Administrator, CTA
02A01-9503-CH-00060
Authoring Judge: Senior Judge Hewitt P. Tomlin
Trial Court Judge: Chancellor Russell Fowler

The original plaintiff in this case, Billy Gwin Mitchell (“plaintiff” or “Mitchell”) filed suit in the Chancery Court of Shelby County seeking to enjoin the foreclosure of a deed of trust. Named as defendants were Sam F. Cole, Jr., Substitute Trustee  f the Estate of Prudence Reynolds, and Gerald W. Pickens, Administrator CTA (“defendants” or by name). Defendants filed an answer and a counter-complaint in which they contended, among other things, that the records of Mitchell’s Chapter 11 bankruptcy case reflected Mitchell’s confirmed amended plan of reorganization mandated that Mitchell pay the mortgage indebtedness to Ms. Reynolds in accordance with the terms of the promissory note. As counter-plaintiffs, Cole and Pickens sought a money judgment for the principal balance due and owing on the note, plus accrued interest and attorney’s fees and costs. At the conclusion of all the proof, the case was submitted to a jury, and after issues of fact had been resolved, the special chancellor entered a judgment in favor of the Reynolds estate in the amount of $41,101.64 on the promissory note and attorney’s 2 fees in the amount of $21,900.00.

Shelby Court of Appeals

Billy Gwinn Mitchell, v. Sam F. Cole Jr. Substitute Trustee, Estate of Prudence Reynolds, and Gerald W. PIckens, Administrator CTA
02A01-9503-CH-00060
Authoring Judge: Senior Judge Hewitt P. Tomlin, Jr.
Trial Court Judge: Chancellor Russell Fowler

The original plaintiff in this case, Billy Gwin Mitchell (“plaintiff” or “Mitchell”) filed suit in the Chancery Court of Shelby County seeking to enjoin the foreclosure of a deed of trust. Named as defendants were Sam F. Cole, Jr., Substitute Trustee of the Estate of Prudence Reynolds, and Gerald W. Pickens, Administrator CTA (“defendants” or by name). Defendants filed an answer and a counter-complaint in which they contended, among other things, that the records of Mitchell’s Chapter 11 bankruptcy case reflected Mitchell’s confirmed amended plan of reorganization mandated that Mitchell pay the mortgage indebtedness to Ms. Reynolds in accordance with the terms of the promissory note. As counter-plaintiffs, Cole and Pickens sought a money judgment for the principal balance due and owing on the note, plus accrued interest and attorney’s fees and costs. At the conclusion of all the proof, the case was submitted to a jury, and after issues of fact had been resolved, the special chancellor entered a judgment in favor of the Reynolds estate in the amount of $41,101.64 on the promissory note and attorney’s 2 fees in the amount of $21,900.00.

Shelby Court of Appeals

Nina Alice Kimble, v. Michael Wayne Kimble
02A01-9503-CV-00049
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Kay S. Robilio

The gravamen of this appeal is child support. Nina Alice Kimble and Michael Wayne Kimble were married in 1985, divorced in 1992 and will be referred to as Wife and Husband, respectively. When  hey married, Wife had a son from a previous marriage and Husband a daughter. Husband adopted the son but Wife did not adopt the daughter.

Shelby Court of Appeals

Cassandra Hughlett, v. Shelby County Health Care Corporation, Regional Medical Center at Memphis A/K/A The Med, et al.
02A01-9505-CV-00118
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Robert L. Childers

The sole issue in this case is whether a plaintiff in a medical malpractice action may recover from a defendant health care provider the amount of plaintiff’s medical expenses paid by the Tennessee Medicaid program which is a part of the federal social security program.

Shelby Court of Appeals

Cassandra Hughlett, v. Shelby County Health Care Corporation, Regional Medical Center at Memphis A/K/A The Med, et al.
02A01-9505-CV-00118
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Robert L. Childers

The sole issue in this case is whether a plaintiff in a medical malpractice action may recover from a defendant health care provider the amount of plaintiff’s medical expenses paid by the Tennessee Medicaid program which is a part of the federal social security program.

Shelby Court of Appeals

Michael Anthony Ladd, a minor, by Virginia Ladd, as next friend and legal guardian, v. Hond Motor Co. Ltd., et al., and Erby L. Givens,
01A01-9503-CV-00091
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Thomas Goodall

This appeal involves a twelve-year-old boy who became paralyzed when he lost control of an all-terrain vehicle and crashed into a utility pole. The boy sued the manufacturer of the all-terrain vehicle in the Circuit Court for Sumner County, alleging that its advertisements falsely and misleadingly depicted all-terrain vehicles as safe enough to be operated by children. The jury returned a verdict for the manufacturer following a lengthy trial, and the child and his mother appealed. We have determined that the trial court’s instructions did not fairly appraise the jury of the plaintiff’s theory of the case and that its supplemental instructions confused the jury about the significance of their verdict. Therefore, we reverse the judgment and remand the case for a new trial.

Sumner Court of Appeals

Christopher Johnson v.Tennessee Department of Correction - Concurring
01-A-01-9602-CH-00064
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Ellen Hobbs Lyle

A convicted burglar in the custody of the Department of Correction filed a petition with the Chancery Court of Davidson County for an order directing  the Department to award him additional credits against his sentence for time spent in jail before and after trial, and for sentence reduction credits he allegedly earned during the same period of incarceration. The Chancellor found that Mr. Johnson had already received all the credits to which he was entitled. We affirm-

Davidson Court of Appeals

Jennifer Frank v. Ali Noureddini, Olifate Nouredinni, et al. - Concurring
01A01-9601-CH-00044
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Chancellor Robert S. Brandt

The Plaintiff, Jennifer Frank, has appealed from summary judgment in favor of the Defendants, American Realty Company, Terry Stephens, Lee  Ann Hoffman, Shirley Adkins and Alan Saturn; and from a judgment in favor of Plaintiff and against the Defendant, Ali Noureddini in the amount of  $50,000. Other captioned Defendants are not involved in this appeal.

Davidson Court of Appeals

Lisa Griggs, v. James P. Mixon, Jimmy R. Worsham, Gene Barksdale, Sheriff of Shelby County, Tennessee, and Shelby County, Tennessee
02A01-9504-CV-00087
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Kay S. Robilio

This is a governmental tort liability case arising out of an automobile collision. Defendants, James P. Mixon; Gene Barksdale, Sheriff of Shelby County, Tennessee, and Shelby County, Tennessee, appeal from the judgment of the trial court awarding plaintiff, Lisa Griggs damages for personal injury. Under the Tennessee Governmental Tort Liability Act as it existed in 1985, governmental entities could not be tried by a jury, T.C.A. § 29-20-307. Subsequently, prior to the 1994 trial, the case was bifurcated to allow the nongovernmental defendant a jury trial. Thus, Worsham is not a party to this appeal.

Shelby Court of Appeals

David Randall Safer, v. Micki Jo (O'Fiel) Safer
01A01-9601-CH-00018
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Tom E. Gray

Petitioner, David Randall Safer, and respondent, Micki Jo O'Fiel Safer, divorced in January 1994 after eleven years of marriage. The court granted respondent the divorce on the ground of irreconcilable differences. The parties had entered into a Marital Dissolution Agreement ("MDA") which the Final Decree of Divorce incorporated. The MDA provided that petitioner and respondent would have joint custody of their two minor children, Joseph ("Tyler") age five and Samuel age two, and that the primary placement of the children would be with respondent.

Sumner Court of Appeals

Jo Ann Beach Hedge, v. John Henry Hedge, III
01A01-9603-CH-00109
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Tom E. Gray

In this post-divorce action for modification of alimony the appellant asserts that the appellee failed to prove that she had experienced a material change of circumstances since the original award. We agree and reverse the order modifying the award.

Sumner Court of Appeals

Robert P. Hoover and wife, Donna D. Hoover v. Metropolitan Board of Housing Appeals of the Metropolitan Government of Nashville and Davidson County, Tennessee
01A01-9602-CH-00085
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor C. Allen High

This suit was originated by a petition for certiorari to review the administrative order of the Metropolitan Board of Housing Code Appeals requiring the demolition of substandard improvements on six tracts belonging to Plaintiffs. The Trial Court reversed the order as to three of the tracts which are not involved in this appeal. The Trial Court affirmed the demolition order as to three of the tracts, and Plaintiffs appealed and have presented the issues for review in the following form:

Davidson Court of Appeals

01A01-9511-CV-00529
01A01-9511-CV-00529
Trial Court Judge: William C. Koch

Court of Appeals

01A01-9512-CV-00576
01A01-9512-CV-00576
Trial Court Judge: Muriel Robinson

Davidson Court of Appeals

01A01-9601-CV-00006
01A01-9601-CV-00006
Trial Court Judge: Thomas Goodall

Sumner Court of Appeals

01A01-9602-CV-00059
01A01-9602-CV-00059
Trial Court Judge: Muriel Robinson

Davidson Court of Appeals

With Regard To The Defense Asserted In The Motion. Byrd v. Hall, 847 S.W.2D 208,
01A01-9604-CV-00144

Bradley Court of Appeals

01A01-9511-CV-00529
01A01-9511-CV-00529
Trial Court Judge: Hamilton V. Gayden, Jr.

Davidson Court of Appeals

Honorable Hamilton v. Gayden, Jr., Judge
01A01-9604-CV-00144
Trial Court Judge: Hamilton V. Gayden, Jr.

Davidson Court of Appeals

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

Campbell Court of Appeals

01A01-9512-CH-00567
01A01-9512-CH-00567
Trial Court Judge: Robert S. Brandt

Davidson Court of Appeals

01A01-9603-CV-00094
01A01-9603-CV-00094
Trial Court Judge: Thomas Goodall

Sumner Court of Appeals

01A01-9601-CH-00004
01A01-9601-CH-00004
Trial Court Judge: Robert E. Corlew, III

Rutherford Court of Appeals

Judy Parrish v. Hospital Corporation of America, D/B/A Centennial Medical Center's Partnenon Pavilion
01A01-9601-CV-00010
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

The captioned Plaintiff has appealed from a summary judgment dismissing her suit against the captioned Defendant for the wrongful death of Whitney Parrish by suicide while a patient in Defendant’s hospital.

Davidson Court of Appeals

01A01-9602-CH-00084
01A01-9602-CH-00084
Trial Court Judge: Robert S. Brandt

Davidson Court of Appeals