Gary Wayne Robertson v. Lori Vanhooser Robertson - Concurring
03A01-9711-CV-00511
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge W. Neil Thomas, III

This is a divorce case. The trial court granted Lori Vanhooser Robertson (“Wife”) a divorce on the ground set forth at T.C.A. § 36-4-101(3)1; awarded the parties joint custody of their 16-year-old son; ordered Gary Wayne Robertson (“Husband”) to pay Wife child support of $387 per month plus 21% of part of Husband’s future increases in net income; awarded Wife rehabilitative alimony of $250 per month for 12 months, beginning with the month of October, 1997; divided the parties’ property and debts; denied Wife’s request for attorney’s fees; and made other decrees not relevant to a resolution of the issues now before us. Wife appealed, raising issues that present the following questions for our review.

Brenda J. Crowder, M.D., v. Brent D. Laing, M.D. and John D. Green, M.D., David Dobyns, First Medical Group and Healthcare Consultants, Inc., et al.
03A01-9801-CH-00083
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Lewis W. May, Jr.

We granted the Rule 9, T.R.A.P., application of the appellant, Brent D. Laing, M.D. (“Laing”), in order to review the propriety of the trial court’s denial of Laing’s motion to amend his answer filed in litigation instituted against him and others by the appellee, Brenda J. Crowder, M.D. (“Crowder”). In the same order, we consolidated that interlocutory appeal with the appeal of Laing’s separate suit against Crowder, which latter appeal is before us as of right. See Rule 3(a), T.R.A.P. The claims asserted by Laing in the second suit are identical to those in the counterclaim which Laing attempted to pursue, albeit unsuccessfully, in the earlier litigation. We reverse the trial court’s denial of Laing’s motion to amend in the first suit. We dismiss, as moot, the appeal of Laing’s subsequent suit against Crowder.

State of Tennessee v. Kevin Burns
02S01-9708-CR-00073
Authoring Judge: Chief Justice Riley Anderson
Trial Court Judge: Judge Joseph B. Brown, Jr.

The defendant, Kevin Burns, was convicted of two counts of felony murder and two counts of attempted felony murder. The jury imposed the death penalty for one of the felony murder convictions after finding that evidence of an aggravating factor -- that the defendant knowingly created a great risk of death to two or more persons other than the victim murdered -- outweighed the evidence of mitigating factors beyond a reasonable doubt. The jury imposed a life sentence for the other felony murder conviction.

Cathy P. McManamay v. Charles T. McManamay
01A01-9802-CH-00081
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Carol A. Catalano

In this divorce case, the defendant husband has appealed from a decree awarding the plaintiff a divorce on grounds of irreconcilable differences and dividing the marital estate. The husband has presented the issues in the following form:
1. The Trial Court rushed the trial, making it difficult for the defendant/appellant to fully present his case.
2. The Trial Court erred by awarding the plaintiff/appellee an interest in the defendant/appellant’s
separate property.
3. The Trial Court erred in refusing to make any division in marital property that was held solely in the plaintiff/appellee’s name.
4. The Trial Court erred in awarding the divorce to the plaintiff/appellee despite overwhelming grounds in favor of the defendant/appellant.

Lucy L. Bond v. Belle Meade Fund Partners, L.P., et al. - Concurring
01A01-9802-CV-00059
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Judge Thomas W. Brothers

The plaintiff sued for injury suffered when she stepped into a hole in the asphalt surface of a parking lot provided for customers of Kroger Company. Kroger was dismissed by nonsuit, and the remaining defendants were dismissed by summary judgment. Plaintiff appealed and presented the following issue:

I. Whether a genuine issue of material fact has been raised by the plaintiff/appellant, so as to warrant this cause to be tried on its merits.

Lanny McCormack, individually and as partner of McCormack Farms v. Zollie McCormack
01A01-9707-CH-00341
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor William B. Cain

Plaintiff Lanny McCormack appeals the final judgment entered by the trial court in this dissolution of partnership case. In its final judgment, the trial court ordered Defendant/Appellee Zollie McCormack to pay Lanny McCormack $137,453 for all of the latter’s right, title, and interest in the McCormack Farms partnership. On appeal, Lanny McCormack has raised only one issue for this court’s review: whether the trial court, which previously had adopted a special master’s report, erred when it ruled that Lanny’s interest in the partnership would be resolved in a manner which was not one of three options set forth in the special master’s report. We affirm the trial court’s judgment.

Dan W. Wilkins v. Dodson, Parker, Shipley, Behm and Seaborg et al.
01A01-9707-CV-00299
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Donald P. Harris

This is a legal malpractice case. The malpractice action arose out of a lender liability lawsuit that was dismissed by the trial court because it had not been filed within the limitations period. Dismissal of the underlying lawsuit was affirmed on appeal by the Middle Section of this Court. Wilkins v. Third National Bank in Nashville, 884 S.W.2d 758 (Tenn. App. 1994), cert. denied, (Sept. 26, 1994). While not in the record before us, the facts of the underlying lawsuit contained in the aforementioned decision of the Middle Section will be helpful in understanding the facts of this appeal.

Eddie Cook, et al., v. Archie Glen Edwards, and wife Martha Sue Edwards
01A01-9712-CH-00705
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Donald P. Harris

The Hickman County Road Superintendent filed a declaratory judgment action to ascertain if an old cemetery road across the defendants’ property was a public road. The Chancery Court of Hickman County ruled that the road was not a public road but that the defendants’ property was subject to an easement created in a deed in their chain of title. Since the court granted relief that no one had sought, to individuals not parties to the action, we reverse.

Yong Mun Chong Meadows v. Tommy C. Meadows
01A01-9801-CH-00054
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge James E. Walton

The trial court granted the parties a divorce, divided the marital property, and awarded the wife permanent alimony. On appeal, the husband contends that the court should have adjusted the property settlement to take the wife’s post-separation dissipation of marital assets into account, and that it should have placed some limitations on the alimony award. We agree, and we modify the decree to incorporate the necessary changes.

Otha Smith, v. Marjorie Smith
01A01-9802-CH-00068
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Judge Jim T. Hamilton

Following an in camera proceeding, the trial court declared the parties divorced, and awarded the real property at issue to the husband. The wife filed a Motion to Alter and Amend, which resulted in a new hearing, and a new decree whereby the real property was equally divided between the parties. The husband claimed on appeal that the trial court erred in re-opening the case after his initial decree. We affirm the trial court, but we amend its final order to make sure there is no doubt that the parties have been legally divorced.

Otha Smith, v. Marjorie Smith
01A01-9802-CH-00068
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Jim T. Hamilton

Following an in camera proceeding, the trial court declared the parties divorced, and awarded the real property at issue to the husband. The wife filed a Motion to Alter and Amend, which resulted in a new hearing, and a new decree whereby the real property was equally divided between the parties. The husband claimed on appeal that the trial court erred in re-opening the case after his initial decree. We affirm the trial court, but we amend its final order to make sure there is no doubt that the parties have been legally divorced.

State of Tennessee vs. Terry Dean Sneed
03C01-9702-CR-00076
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Arden L. Hill

The Defendant, Terry Dean Sneed, appeals as of right from a Unicoi County jury verdict convicting him of aggravated robbery, aggravated kidnapping, aggravated rape, and two counts of aiding and abetting aggravated rape.1 The trial court sentenced him to a total of one hundred and twenty-four ye ars; while the sentences for the rape convictions qualify as Range II, multiple offender, the other sentences are Range III, persistent offender. The Defendant appeals his
conviction. We affirm the judgment of the trial court.

State of Tennessee vs. Cedrick Stampley
02C01-9707-CR-00288
Authoring Judge: Judge John P. Colton
Trial Court Judge: Judge William M. Barker

The appellant, Cedric Stampley, appeals as of right the denial in the Shelby County Criminal Court of his petition for post-conviction relief. The trial court dismissed appellant’s pro se petition without the appointment of counsel and without an evidentiary hearing. On appeal, appellant argues that the trial court erred in summarily dismissing his petition. We affirm the judgment of the trial court.

Brenda S. (Cunningham) Campbell, v. Charles S. Campbell
02A01-9711-CH-00286
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor John Walton West

Defendant Charles E. Campbell (Husband) appeals the final decree of divorce entered by the trial court which distributed the parties’ property and ordered Husband to pay child support and alimony to Plaintiff/Appellee Brenda S. Cunningham Campbell (Wife). On appeal from the final decree, Husband contends that the trial court erred in the following respects: (1) in imputing income of $2,000 per month to Husband for purposes of calculating his child support obligation; (2) in allocating to Husband a $2,600 debt with the Hardin County Bank; (3) in awarding Wife the marital home valued at $44,000; and (4) in awarding Wife $150 per month and other amounts as alimony. We affirm.

Regenia Ellison v. Cherri Ellison
02A01-9803-CH-00054
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor William Michael Maloan

This appeal involves a petition for grandparent visitation filed by plaintiff, Regina Ellison, paternal grandmother of Garrett Ellison and Ethan Wayne Ellison, minor children of defendant, Cherri Ellison, and Terry Ellison, deceased. After an evidentiary hearing, the trial 2 court granted visitation. Cherri Ellison (Mother) has appealed and presents the following issues for review as stated in her brief:
1. Whether Tenn. Code Ann. § 36-6-306 is unconstitutional because it authorizes courts to order grandparent visitation upon a finding that such visitation is in the “best interest” of the child without first requiring the finding of a danger of substantial harm to the child.
2. Whether the evidence preponderates against the trial court’s award of visitation rights to the appellee.

Thomas Henry Campbell v. Ruth Caroline Campbell
02a01-9803-CH-00073
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor Floyd Peete, Jr.

This appeal involves a motion to modify an alimony award. Appellant, Thomas Henry Campbell (Husband), appeals from the Chancellor’s order denying his motion to modify alim

Guardsmark, Inc., v. Borg-Warner Protective Services, D/B/A Burns International Security Services
02A01-9409-CH-00207
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor C. Neal Small

This case involves restrictive employment covenants. The plaintiff and the defendant are both private security companies. The trial court granted the plaintiff a restraining order enjoining the defendant from inducing former employees to breach the restrictive covenants in other states, from misrepresenting facts concerning the enforceability of the covenants, or from litigating or assisting others in litigating in other states regarding the enforceability of the restrictive covenants. We affirm in part, reverse in part, and remand.

State of Tennessee, ex rel., Deborah D. Willis v. Cecil Willis, Jr.
01A01-9804-JV-00175
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge William J. Campbell

This case involves the efforts of the State of Tennessee on relation of Deborah D. Willis, former wife of Cecil Willis, Jr., to obtain the revocation of a surrender executed by him surrendering his three children, Deborah May, Pamela R. and Andrew V. for adoption. The Juvenile Judge, who witnessed the surrenders, later entertained the petition to revoke and ordered the surrenders to be revoked. The respondent, Cecil Willis, Jr., has appealed to this Court, presenting the following issue: I. Whether a Trial Court has authority to revoke a “surrender of Child” by the natural father directly to the natural mother and stepfather almost four (4) years after its execution. Furthermore, whether a surrender simply becomes void after the passing of 120 days when an adoption has not yet occurred.

Gary Charles Hill, v. Insurance Company of North America
03S01-9712-CH-00150
Authoring Judge: Special Judge Roger E. Thayer
Trial Court Judge: Chancellor Jeffrey F. Stewart

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.

State of Tennessee vs. James Christopher Tatrow
03C01-9707-CR-00299
Authoring Judge: Judge Curwood Witt
Trial Court Judge: Judge John A. Turnbull

A jury in Cumberland County Criminal Court convicted the defendant, James Christopher Tatrow, of two counts of felony murder and two counts of especially aggravated kidnapping in the deaths of Roger Zammit and John Harry. The defendant was also convicted of two counts of premeditated and deliberate murder of the same victims. The trial court set aside those verdicts, however, as the thirteenth juror. See Tenn. R. Crim. P. 33 (f). In the sentencing phase, the jury declined to impose the death penalty or life without parole and sentenced the defendant to serve life sentences with the possibility of parole. At the conclusion of a sentencing hearing, the trial court ordered the defendant to serve two consecutive life sentences concurrently with sentences of 22 years for the kidnapping convictions. The defendant now challenges the validity of the convictions and the propriety of consecutive sentencing pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure.

Phyllis Renee Brown, v. Charles Chandler Brown, Sr.
02A01-9709-CV-00228
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge James F. Russell

Charles Chandler Brown, Sr., (Father), appeals the trial court's order denying his petition to modify the custody arrangement previously agreed to by the parties and set forth i their final divorce decree. For the reasons stated hereinafter, we affirm the trial court's judgment with certain modifications.

Virginia Lynn Woolsey, v. Douglas Harmon McPherson
02A01-9706-JV-00125
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge A. V. McDowell

Plaintiff Virginia Lynn Woolsey appeals the trial court’s order removing Jennifer McPherson from her custody and placing the child in the custody of Defendant Douglas Harmon McPherson. McPherson appeals the trial court’s order requiring him to pay the $15,000 fee of the Guardian ad Litem. We affirm in all respects.

State of Tennessee vs. Jacob Meeks
02C01-9709-CC-00360
Authoring Judge: Senior Judge John K. Byers
Trial Court Judge: Judge John Kerry Blackwood

The defendant appeals from the dismissal of a petition for post-conviction relief, wherein he sought a delayed appeal from the judgment of the Court of Criminal Appeals, which affirmed his trial court conviction for “hindering a secured creditor,” to the Supreme Court.

Phyllis Renee Brown, v. Charles Chandler Brown, Sr. - Concurring
02A01-9709-CV-00228
Authoring Judge: Judge David R. Farmer

I concur in the result reached by the majority opinion. However, I write separately to express my concern with the language on page 10 of that opinion which states that, “[i]n order to be compelling enough to warrant the dramatic remedy of changed custody, the change of circumstances must be such that ‘continuation of the adjudicated custody will substantially harm the child.’” I acknowledge that this language appears in Wall v. Wall, 907 S.W.2d 829, 834 (Tenn. App. 1995), an opinion of the middle section of this court. However, I further note that Wall cited Contreras v. Ward, 831 S.W.2d 288 (Tenn. App. 1991). Contreras was a parental relocation case which stated the long recognized rule that “the best interest and welfare of the child must be the primary focus of attention.” Contreras, 831 S.W.2d at 290. The court also cited with approval from Sartoph v. Sartoph, 354 A.2d 467, 473 (Md. Ct. Spec. App. 1976), wherein the Maryland Court of Special Appeals stated that “[t]he custody of children should not be disturbed unless there is some strong reason affecting the welfare of the child. To justify a change in custody, the change in conditions must have occurred which affects the welfare of the child and not that of the parents.”

Frizzell Construction, Inc., v. Gatlinburg, LLC.
03A01-9805-CH-00161
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Telford E. Fogarty, Jr.

The facts of this case, as material to this appeal, are relatively simple. The parties entered into a contract for the construction of a hotel in Gatlinburg, Tennessee. The contract was a standard 2
Associated General Contractors ConstructionManager contract styled "Standard Form of Agreement Between Owner and Construction Manager." The agreement contains two provisions that are germane to the issues under consideration here.