COURT OF APPEALS OPINIONS

03A01-9510-CV-00368
03A01-9510-CV-00368

03A01-9512-CH-00430
03A01-9512-CH-00430

02A01-9503-CV-00043
02A01-9503-CV-00043
Trial Court Judge: Kay S. Robilio

01A01-9507-CV-00298
01A01-9507-CV-00298
Trial Court Judge: Barbara N. Haynes

01A01-9508-CH-00343
01A01-9508-CH-00343
Trial Court Judge: Robert E. Corlew, III

03A01-9505-CV-00277
03A01-9505-CV-00277
Trial Court Judge: Robert M. Summitt

03A01-9508-CH-00263
03A01-9508-CH-00263
Trial Court Judge: Chester S. Rainwater

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

02A01-9502-CV-00019
02A01-9502-CV-00019
Trial Court Judge: Janice M. Holder

Thomas v. White
01A01-9507-CH-00310
Trial Court Judge: Robert S. Brandt

01A01-9507-CH-00310
01A01-9507-CH-00310

01A01-9509-CH-00394
01A01-9509-CH-00394
Trial Court Judge: Jim T. Hamilton

01A01-9509-CH-00419
01A01-9509-CH-00419
Trial Court Judge: Donald P. Harris

03A01-9509-CV-00306
03A01-9509-CV-00306
Trial Court Judge: Thomas J. Seeley, Jr.

02A01-9310-CH-00219
02A01-9310-CH-00219
Trial Court Judge: D. J. Alissandratos

02A01-9411-CV-00258
02A01-9411-CV-00258
Trial Court Judge: Julian P. Guinn

Canonie Energy, Inc. and WGI, Inc. v. Rodney King, Mark Holbrook, American Resources Management, Inc., American Gas Technologies, Inc., American Energy Exploration, Inc., Berrod, Inc. Rick Castor and McCrome LTD., Inc.
03A01-9506-CH-00200
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor WilliamE.

The Defendants appeal a summary judgment entered in favor of the Plaintiffs for the enforcement of a settle ment agreement.

Demetreous Flengas, v. Kimberly Denise Flengas
03A01-9508-CV-00281
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge William M. Barker

Demetreous Flengas, the husband, and Kimberly Denise Flengas, the wife, were granted an absolute divorce in September 1994 in Hamilton County. Shortly thereafter, the Trial Court entered its memorandum opinion and order which directed the division of the parties' assets and liabilities. It is from this order that the husband appeals.

Phyllis Hovenden, Bill Hovenden, Ellen Wemyss, Patricia Highers, Richard Rouch, and Citizens for and Orderly Development of Gallatin, v. City of Gallatin, Galatin Planning Commission, et al.
01A01-9508-CH-00383
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Irvin H. Gilcrease, Jr.

The captioned petitioners filed their “Petition for Writ of Certiorari and Verified Complaint” seeking review of the action of the City Council of Gallatin in regard to the zoning of certain property and for injunctive relief. From an adverse judgment in the Trial Court, one of the petitioners, Phyllis Hovenden, has appealed, presenting the following issues for review:

Angie Brooks, v. Kimberly J. Quam Davis and Gayle Schaal - Concurring
01A01-9509-CV-00402
Authoring Judge: Judge William C. Koch, Jr.s

Two persons injured in a one-car accident sued the driver of the car in which they were riding. After obtaining an essentially worthless judgment against the unknown driver of another car, the passengers perfected this appeal to take issue with the trial court’s decision to permit their driver to rely on a “phantom automobile” defense even though she had not included this defense in her answer. The majority has determined that the trial court properly permitted the driver to assert this defense and to amend her pleadings to conform to the proof. While I concur with the majority’s decision under the circumstances of this case, I have prepared this separate opinion to avoid leaving a mistaken impression that the driver’s answer complied with Tenn. R. Civ. P. 8.03. It did not; however, the error does not undermine the jury’s verdict in this case.

Jack Lloyd Beaty, Sr., v. Mary Joyce Scott Beaty
01A01-9507-CH-00325
Authoring Judge: Senior Judge William H. Williams
Trial Court Judge: Chancellor Henry Denmark Bell

The sole issue presented in this appeal is whether the Wife/Appellant is entitled to post judgment interest on a judgment of $50,000 awarded her by the decree of divorce entered December 28, 1992.

Ron Christian, v. Tennessee Petroleum Underground Storage Tank Board, and J.W. Luna, as Commissioner of Tennesse Department of Environment and Conservation
01A01-9508-CH-00368
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor C. Allen High

For a second time we address this matter which concerns Appellant Ron Christian's eligibility for assistance from the petroleum underground storage tank fund, established in T.C.A. § 68-215-110. The Tennessee Petroleum Underground Storage Tank Board (Board), an appellee in this action,1 found Christian ineligible for assistance due to his failure to reestablish fund eligibility by, inter alia, failing to conduct a site check of his property. Upon review in the chancery court, the Board's decision was upheld. For reasons hereinafter set forth, we affirm.

Kyle Edward Dangler, Lisa Ann Dangler v. Edward Eugene Dangler, father, Patricia G. Dangler, and Edward C. Dangler, Grandparents
01A01-9504-CV-00169
Authoring Judge: Senior Judge Tomlin
Trial Court Judge: Judge Jim T. Hamilton

This case involves the application and interpretation of certain provisions of the Uniform Child Custody Jurisdiction Act (UCCJA) as enacted by the states of Missouri and Tennessee, T.C.A. §§ 36-6-201 to 36-6-225 (1991), as well as the Federal Parental Kidnapping Prevention Act (PKPA). 28 U.S.C.A. § 1738A (1994). The courts of this state first became involved with this tragic set of complicated circumstances when Lisa Ann Dangler (“petitioner”), a resident of Missouri, filed suit in the Circuit Court of Maury County, Tennessee (“Tennessee trial court”) seeking to have that court enroll a foreign judgment from the state of Missouri and to enforce a writ of habeas corpus issued by the Circuit Court of Barry County, Missouri (“Missouri trial court”), which had as part of a divorce proceeding in that court in 1983 awarded petitioner custody of the parties’ minor child. Named as 1Although the child’s father was named a respondent, the only truly active respondents in this case are the paternal grandparents of the child. 2 respondents are Eugene Edward Dangler (?father”) and the child’s paternal grandparents, Patricia G. Dangler and Edward C. Dangler (by name or ?respondents”).1 The court below held that it had jurisdiction of this case pursuant to T.C.A. § 36-6-201 and proceeded to award custody to the paternal grandparents, giving petitioner visitation rights. On appeal, petitioner has presented three issues for our consideration (1) whether the trial court erred in engaging in a “best interest of the child evaluation” in reaching a decision as to custody, absent a showing of substantial harm to the child; (2) whether the trial court erred in holding that the order of habeas corpus from the Missouri court was unenforceable in this state; and (3) whether petitioner is entitled to attorney’s fees in connection with this litigation.

Brenda L. Gray, v. Stephen D. Gray
01A01-9508-CV-00359
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Thomas Goodall

Following a marriage of approximately eight years, Wife filed a complaint for absolute divorce in November 1993. In her complaint, she alleged adultery, inappropriate marital conduct, and
irreconcilable differences. Husband answered and filed a countercomplaint which alleged cruel and inhuman treatment, inappropriate marital conduct, and irreconcilable differences.

James Jennings, v. Charles Traughber, et al.
01A01-9509-CH-00390
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Robert S. Brandt

Petitioner James Jennings, an inmate at CCA-South Central Correctional Center 2 acting pro se, sought judicial review of the decision rendered by the Tennessee Board of Parole ("TBOP"), revoking Petitioner's parole, by common law writ of certiorari. The Chancery Court, Davidson County, granted the Motion to Dismiss filed by Respondent, Charles Traughber, Chairman, TBOP. Petitioner appeals the chancellor's decision.