COURT OF APPEALS OPINIONS

James Michael Gee v. Amy Elizabeth (Mischell) Gee - Concurring
01-A-01-9509-CH-00427
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Chancellor Alex W. Darnell

The captioned defendant has appealed from a partial judgment which resolved some, but not all, of the issues in this divorce case. The judgment is not a final judgment appealable as of right, and is subject to revision by the Trial Court at any time before all issues are determined. T.R.A.P. Rule 3(a).

Montgomery Court of Appeals

Evelene V. Stein, v. Davidson Hotel Company
01A01-9509-CV-00407
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

This is an appeal by plaintiff/appellant, Evelene N. Stein, from a judgment dismissing five of the seven claims alleged by Ms. Stein against defendant/appellant, Davidson Hotel Company ("Davidson").

Davidson Court of Appeals

Dewey Richard Farley and wife, Pamela Farley, and Tommy West, v. James Clayton, Individually and D/B/A Luv Homes, Clayton Homes, Inc. et al.
01A01-9510-CV-00429
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge John A. Turnbull

This is an action for misrepresentations and inducement of breach of contract relating to the trial and settlement of a personal injury case. The original plaintiffs and a co-defendant have sued the other defendants for misrepresenting or concealing material facts which (1) induced the plaintiffs to settle their original claim for less than its worth, and (2) induced the defendants’ insurance company not to represent the other defendant. The Circuit Court of Putnam County granted summary judgment to the defendants. We affirm.

Putnam Court of Appeals

Dewey Richard Farley and wife, Pamela Farley, and Tommy West v. James Clayton, Individually and D/B/A Luv Homes, Clayton Homes, Inc., Individually and D/B/A Luv Homes and Ch of Al, Inc. et al.
01A01-9510-CV-00429
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge John A. Turnbull

This is an action for misrepresentations and inducement of breach of contract relating to the trial and settlement of a personal injury case. The original plaintiffs and a co-defendant have sued the other defendants for misrepresenting or concealing material facts which (1) induced the plaintiffs to settle their original claim for less than its worth, and (2) induced the defendants’ insurance company not to represent the other defendant. The Circuit Court of Putnam County granted summary judgment to the defendants. We affirm.

Putnam Court of Appeals

Giles E. Roberson and wife, Hazel B. Roberson, v. Mary Margaret (Darwin) Wasson and Pug Martin, individually and D/B/A Century 21 Pug Martin Realty and Stephen N. Snyder and, Barbara L. Snyder
03A01-9509-CH-00299
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Jeffrey F. Stewart

This suit was filed by Plaintiffs Giles E. Roberson and his wife Hazel B. Roberson against Defendants Mary Margaret (Darwin) Wasson and Pug Martin, individually , and D/B/A Century 21 Pug Martin Realty. The Plaintiffs sought to have the Court declare that a strip of land approximately 18 feet in width, titled in the name of Mrs. Wasson, which lay between separate tracts owned by them (see appendix) "to have been abandoned and to be non-existent." The complaint was later amended to advance the theory of adverse possession, and still later to add as parties Defendant Stephen N. Snyder and wife Barbara L. Snyder, who had purchased the property from Mrs. Wasson.

Rhea Court of Appeals

Julius Michael Harris, v. Suzanne Zulieme Harris
01A01-9511-CV-00518
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Special Judge Lee Ofman

he plaintiff/ex-husband has appealed from the dismissal of his post-divorce decree
petition seeking relief from child support and change of custody.

Williamson Court of Appeals

Clifford Scott Goodwin, v. Judith Annette Wetz F/K/A Judith Annette Goodwin
01A01-9512-CH-00547
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Leonard W. Martin

The captioned petitioner has appealed from the dismissal of his suit to enroll and modify a foreign divorce decree.

Cheatham Court of Appeals

James Dale Barnes, v. Miller Medical Group, P.C. Edgefield Hospital, Inc., Dr. Douglas Dorsey, and Dr. J. Shepherd
01A01-9512-CV-00549
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Walter C. Kurtz

The husband of a woman who suffered a fatal heart attack shortly after being discharged from a hospital emergency room filed a medical malpractice suit against the treating doctor and the medical group for which he worked. The trial court dismissed the claim against the defendant doctor because the plaintiff failed to obtain service on him. A summary judgment was subsequently granted to the defendant medical group on the ground of the plaintiff’s failure to produce a qualified affidavit on the proper standard of care and on causation, as is required by the Medical Malpractice Act, Tenn. Code Ann. § 29-26-115. We affirm the trial court.

Davidson Court of Appeals

Hayden D. Wilson, Jr., v. Kathryn Ann Moore
01A01-9506-CV-00235
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Buddy D. Perry

This appeal involves a marriage that failed in less than three years. The husband filed suit in the Circuit Court for Sequatchie County seeking a divorce and the enforcement of the parties’ prenuptial agreement. The wife also requested a divorce and challenged the validity of the prenuptial agreement. Following a bench trial, the trial court declared the parties divorced pursuant to Tenn. Code Ann. § 36-4-129(b) (1991) and upheld the prenuptial agreement. Accordingly, the trial court awarded the parties their personal property and directed the husband to assume certain credit card indebtedness and to provide the wife medical insurance for up to thirty-six months. Both parties take issue with various portions of the final divorce decree on this appeal. We have determined that the trial court erred by failing to consider the husband’s income earned during the marriage as marital property. Accordingly, we modify the division of marital property and the award of spousal support.

Sequatchie Court of Appeals

Ray Donald Hawkins v. Metropolitan Government of Nashville & Davidson County Tennessee, et al. - Concurring
01-S-01-9508-CV-00126
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.

Davidson Court of Appeals

Thomas W. Harrison, Terry Harrison, and Brenda Harrison Kennamore, v. Earl Laursen
01A01-9505-CH-00192
Authoring Judge: Senior Judge William H. Williams
Trial Court Judge: Chancellor Jim T. Hamilton

This is an appeal of a nonjury action in chancery form originally brought to rescind a contract for the sale of real estate and for damages to real property. The complaint was filed on January 22, 1 1991. Four separate hearings have been held in this cause. The first hearing was held without intervention of a jury. The second and third hearings were heard in the presence of a jury, and the fourth hearing in this cause was held without a jury. Following the fourth trial in the Chancery Court of GilesCounty, Tennessee, the chancellor entered a judgment against appellant for $22,279.59. The defendant, Earl Laursen, timely filed a notice of appeal from the final order entered January 9, 1995. The defendant, Delorita Laursen, did not perfect her appeal by filing a notice of appeal and is not before this Court. See, e.g., Town of Carthage, Tennessee, et al. v. Smith County, Tennessee, No. 01-A-01-9308-CH-00391 (Tenn. App., March 8, 1995). The appeal by the defendant/appellant, Earl Laursen, has been perfected and is properly before this Court. The appellant contends that the trial court erred in not having a jury hear the fourth case and in assessing damages to the real property. We reverse and remand for reasons that will hereinafter be shown.

Giles Court of Appeals

Lisa J. Prince and Ricky Prince v. Coffee County, Tennessee d/b/a Coffee Medical Center - Concurring
01A01-9508-CV-00342
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Gerald L. Ewell, Sr.

This is a medical malpractice case. Plaintiffs, Lisa and Ricky Prince, are  husband and wife. Lisa Prince ("Plaintiff") was injured during out-patient surgery, allegedly as a result of improperly administered anesthetic.  Initially, the suit was brought against Coffee Medical Center, Dr.  Ramprasand (the surgeon), and Michael Cruz (the nurse anesthetist).  Dr. Ramprasand and Cruz settled with Plaintiffs and were dismissed prior to this action. Plaintiff alleges on appeal that Coffee Medical Center ("CMC") was negligent in failing to establish adequate anesthetic policies and procedures and in failing to enforce its own anesthesia policies and procedures. The trial court granted summary judgment in favor of CMC and Plaintiff has appealed. For the reasons stated below, we reverse.

Coffee Court of Appeals

02A01-9504-CV-00081
02A01-9504-CV-00081
Trial Court Judge: C. Creed Mcginley

Court of Appeals

02A01-9410-CV-00225
02A01-9410-CV-00225
Trial Court Judge: James E. Swearengen

Court of Appeals

02A01-9410-CV-00225
02A01-9410-CV-00225
Trial Court Judge: James E. Swearengen

Court of Appeals

02A01-9503-CV-00058
02A01-9503-CV-00058
Trial Court Judge: James E. Swearengen

Shelby Court of Appeals

01A01-9507-CH-00285
01A01-9507-CH-00285
Trial Court Judge: Robert S. Brandt

Court of Appeals

01A01-9507-CH-00285
01A01-9507-CH-00285
Trial Court Judge: Robert S. Brandt

Court of Appeals

Honorable Hamilton v. Gayden, Jr., Judge
01A01-9509-CV-00420
Trial Court Judge: Hamilton V. Gayden, Jr.

Davidson Court of Appeals

01A01-9509-CV-00420
01A01-9509-CV-00420

Court of Appeals

01A01-9510-CV-00473
01A01-9510-CV-00473
Trial Court Judge: Barbara N. Haynes

Davidson Court of Appeals

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Court of Appeals

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Court of Appeals

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Bradley Court of Appeals

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Knox Court of Appeals