COURT OF APPEALS OPINIONS

Geico General Insurance Company, v. Dusti Dawn Howard, Pat Howard, and wife Penne Howard, et al.
03A01-9511-CH-00408
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor William E. Lantrip

These declaratory judgment actions arose as a result of a single car accident.

Jay Franklin Smith, v. Patricia Ann Smith
03A01-9511-CH-00381
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Chancellor Dennis H. Inman

In this custody dispute, the parties were divorced in 1992, and the mother was granted custody of the parties' minor son. The decree provided that the mother would not remove the child from the State without permission of the Court, but no scheduled visitatoin was ordered. Subsequently, visitation schedules were ordered or agreed upon and in June of 1993 the mother asked permission to move to Florida with the child, which petition was denied. In 1994, the father petitioned for a change of custody and contempt for failure of the mother to allow ordered visitation. The Court refused to change custody, but sentenced the mother to two days in jail for contampt of court, but stayed the sentence indefinitely on the assumption there will be no recurrence of this particular problem. This judgment was entered on December 13, 1994.

Julie Harlan, Individually and as Next Friend of James K. Hunt, II, a minor, v. James F. Lovett, Sonja Blackburn, v. James F. Lovett
03A01-9509-CV-00311
Authoring Judge: Special Judge Clifford E. Sanders
Trial Court Judge: Judge Richard Ladd

The Defendant has appealed from a jury verdict awarding compensatory and punitive damages for his conversion of seven saddle horses.

Duane A. Peters v. Commonwealth Associates
03A01- 9508- CV- 00295
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge W. Dale Young

This is an action brought by Duane A. Peters (Peters) for alleged violations of the Tennessee Securities Act of 1980 and the Tennessee Consumer Protection Act of 1972. Peter's suit against Commonwealth Associates (Commonwealth) arose out of investments made by Peters through David Didkin, an agent of Commonweath. Commonwealth moved to stay this action and to compel arbitration of Peters' claim pursuant to T.C.A. § 29- 5-301 e t  s e q. , the Uniform Arbitration Act. In support of its motion, Commonwealth relied upon a written agreement, signed by Peters, wherein he agreed to submit al controversies between the parties to arbitration. The trial court granted Commonwealth's motion, staying ll proceedings in court and ordering the parties to proceed with arbitration. Peter's appeals raising the following issues:

Any condition, stipulation, or provision binding any person on acquiring any security to waive compliance with any provision of this part or any rule order hereunder is void.

Lynda Diane Schmidt, v. Glenn Vern Schmidt
03A01-9510-CV-00359
Authoring Judge: Senior Judge William H. Inman

The trial court awarded the plaintiff rehabilitative alimony of $1,000.00 monthly for 24 months. The  plaintiff appeals, insisting that the award is (1) inadequate to her needs and (2) should have been in futuro. No other issue is presented.

Tina Harvey, et ux., v. Geneth Wolfer, D.O.
03A01-9512-CV-00452
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Senior Judge William H. Inman

Initially, this action was one for damages for the alleged medical malpractice of the defendant in dropping the plaintiff Tina Harvey or preventing her from falling and fracturing her ankle after an injection which may have caused numbness in her legs.

Donna June Archer, and James David Archer, Individually and as Administrators of the Estate of Verna Lee Archer, v. Burton Plaza Associates, Let., and American Management Company, Inc.
03A01-9511-CV-00417
Authoring Judge: Judge Don T. McMurray, Jr.
Trial Court Judge: Judge John K. Wilson

This is an action for wrongful death. The plaintiffs seek to recover damages from the owners and operators of theBurton Plaza Apartments complex in Rogersville. The plaintiffs assert that the defendants were negligent in failing to provide preper security and protection for the occupants of the apartments. Specifically, they assert that the outside hallway doors of the apartment building were never locked. The plaintiffs also sue on the theory of breach of contract.

Jeffrey Keith Phillips and Jennifer Phillips, v. Eugene Russell
03A01-9509-CV-00298
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge G. Richard Johnson

For simplicity, the parties will be referred to in the capacity in which they appeared in the trial court. The parties to this appeal entered into a contract whereby the a;;ellant was to construct a home for the appellees. Problems developed between the parties which resulted in an action by the plaintiffs-appellees to recover damages frm the defendant-appellant for defective workmanship in the construction and to remove a cloud from their title resulting from a lien filed by the defendant. The defendant filed a counterclaim against the plaintiffs and a cross-claim against Shirley G. Hughes. Shirley Hughes was trustee under a deed of trust executed by the plaintiffs to secure payment of a promissory note in the amount of $80,000, payable to Elizabethton Savings and Loan Association.

Brian Weiford, D/B/A Elite Cable Television, v. Fields Development Co., Inc., D/B/A Deerfield Resort
03A01-9510-CV-00367
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Conrad Troutman

This is an appeal from the judgment of the trial court granting the appellee's motion for summary judgment. We affirm the judgment of the trial court.

Carolyn Bruce and husband, John David Bruce, v. Robert Olive and Sandra G. Olive, Individually and D/B/A Olive and Olive, P.C.
03A01-9509-CV-00310
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Wheeler A. Rosenbalm

This is a legal malpractice case. Plaintiffs, Carolyn Bruce, and husband, John David Bruce, appeal from the order of the trial court granting summary judgment to defendants, Robert Olive and Sandra G. Olive, individually and d/b/a Olive & Olive, P.C..

Dorothy Louise Beck, v. Wendell Lee Beck
03A01-9601-CV-00023
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge John B. Hagler

This is a divorce case. The lower court's judgment dissolved a marriage that had endured, tumultuously at times, for over 29 years. The trial judge granted the 46-year old
plaintiff, Dorothy Louise Beck (Wife), a divorce on the ground of adultery; awarded her custody of the parties' two minor children1; established the child support obligation of the 47- year-old defendant, Wendell Lee Beck (Husband), at $300 per month; valued the parties' net marital estate at $372,040, which he divided equally between them; and awarded Wife alimony in solido of $25,000 to be paid out of Husband's share of the proceeds from the auction sale of a portion of the parties' Englewood farm. Husband appeals, raising issues that present the following questions:

James Miller v. Miller Brothers Farms, Inc., Larry L. Miller, Garry Miller, and Allen Miller
03A01-9504-CH-00123
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Earl H. Henley

This is the second appeal in a continuing dispute between four of the sons of Andrew K. Miller, decease; namely, James Miller, Larry L. Miller, Garry Miller, and Allen Miller.

Mark Scott Smith, v. Faith Horne Smith
03A01-9411-CH-00413
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Sharon J. Bell

Appellant Faith Horne Smith appeals a divorce decree entered by the Chancery Court for Knox County wherein she raises the following four issues:

1. Did the trial court err in the amount and term of alimony granted to the Defendant.

2. Did the trial court err in the awarding of joint custody of the parties minor children rather than allowing Defendant sole custody and /or the freedom to relocate with the children to another state with liberal extended visitation awarded to Plaintiff.

3. Did the trial court err i the dividing marital assets in such a manner that Defendant had little of no liquid assets to pay bills or attorney fees.

4.  Did the trial court err in refusing to grant attorney fees to Defendant.

Donald L. Tatum and Dorothy L. Tatum v. Vertis J. Wolrsham and Freda Johnson Michel
03A01-9507-CH-00219
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Howell N. Peoples

This case originated from a complaint by Donald L. Tatum and Dorothy R. Tatum against Vertis J. Worsham for specific performance of a land sale agreement and damages. Mr. and Mrs. Tatum amended their complaint to join Freda Johnson Michel, a second mortgage holder of the subject property. Thereafter, Ms. Michel filed a cross-claim against Mrs. Worsham, principally seeking a determination of the balance owing on the second mortgage which was in dispute.

Floyd Ezell Jackson, v. Stella L. Smith Jackson
02A01-9510-CV-00214
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge William O'Hearn

The marriage between Floyd Ezell Jackson (Husband) and Stella L. Jackson (Wife) ended after some 21 years when the trial court found that both parties shall be awarded a divorce pursuant to T.C.A. § 36-4-129.

Robert John Williams, v. Mary Elizabeth (Williams) Evans
03A01-9511-CV-00400
Authoring Judge: Senior Judge William H. Inman

The appellant sought an award of attorney fees of $31,205.48 and filed an affidavit in explanation of the hours her attorney had expended in this case, which involved the custody and support of one child.

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