APPELLATE COURT OPINIONS

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Paula Van Slyke (Fleming) v. Philp Edward Fleming - Concurring

01-A-01-9504-CV-00178

This case involves the question of whether a custodial parent may claim the benefit of changes in the child support guidelines promulgated after trial on her Petition for Increased Child Support, but before the trial court filed its Final Order. Because those changes were not raised in the  proceedings below, we decline to act on them here. Instead, we remand  the cause to the trial court for further proceedings.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Muriel Robinson
Davidson County Court of Appeals 10/15/95
Laura Patricia Cutsinger v. Charles Edward Cutsinger - Concurring

01A01-9504-CV-00148

In this divorce case, Charles Edward Cutsinger (Husband) has appealed the trial court's judgment which awarded Laura Patricia Cutsinger (Wife) a thirty percent (30%) interest as a seller in the contract of sale of Husband's chiropractic practice. Husband also has appealed the trial court's ruling which ordered Husband to indemnify Wife for any judgment that might arise as a result of an indebtedness for a pleasure boat purchased during the marriage.

Authoring Judge: Judge David R.Farmer
Originating Judge:Judge Robert W. Wedemeyer
Robertson County Court of Appeals 10/14/95
03C01-9306-CR-00188

03C01-9306-CR-00188
Anderson County Court of Criminal Appeals 10/13/95
03C01-9412-CR-00448

03C01-9412-CR-00448

Originating Judge:Richard R. Baumgartner
Knox County Court of Criminal Appeals 10/13/95
03C01-9409-CR-00315

03C01-9409-CR-00315

Originating Judge:James E. Beckner
Hamblen County Court of Criminal Appeals 10/13/95
03C01-9501-CR-00020

03C01-9501-CR-00020

Originating Judge:William R. Holt
Sevier County Court of Criminal Appeals 10/12/95
03C01-9408-CR-00294

03C01-9408-CR-00294

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 10/12/95
Cyril v. Fraser

01C01-9502-CR-00031

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 10/12/95
01C01-9406-CC-00234

01C01-9406-CC-00234

Originating Judge:W. Charles Lee
Lincoln County Court of Criminal Appeals 10/12/95
01C01-9409-CR-00315

01C01-9409-CR-00315
Davidson County Court of Criminal Appeals 10/12/95
02C01-9412-CR-00286

02C01-9412-CR-00286

Originating Judge:L. Terry Lafferty
Shelby County Court of Criminal Appeals 10/11/95
03C01-9411-CR-00401

03C01-9411-CR-00401

Originating Judge:Stephen Morris Bevil
Hamilton County Court of Criminal Appeals 10/11/95
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX

Originating Judge:Edgar P. Calhoun
Sullivan County Court of Criminal Appeals 10/11/95
03C0l-9307-CR-0022l

03C0l-9307-CR-0022l
Hamilton County Court of Criminal Appeals 10/10/95
03C01-9311-CR-00365

03C01-9311-CR-00365

Originating Judge:Cornelia A. Clark
Greene County Court of Criminal Appeals 10/10/95
03C01-9409-CR-00316

03C01-9409-CR-00316

Originating Judge:Cornelia A. Clark
Hamblen County Court of Criminal Appeals 10/10/95
02A01-9409-CV-00201

02A01-9409-CV-00201

Originating Judge:Wyeth Chandler
Shelby County Court of Appeals 10/10/95
02A01-9409-CV-00174

02A01-9409-CV-00174

Originating Judge:James E. Swearengen
Shelby County Court of Appeals 10/10/95
02A01-9411-CV-00260

02A01-9411-CV-00260

Originating Judge:Janice M. Holder
Shelby County Court of Appeals 10/10/95
State of Tennessee v. David Edward Howington

01S01-9407-CC-00073

The district attorney general refused to honor an informal immunity agreement1 made with David Edward Howington, the defendant. The reason stated for this refusal was the prosecutor's perception that Howington had not fulfilled his part of the bargain; that is, he had not testified truthfully at his preliminary hearing. He was subsequently tried and convicted of first-degree (felony) murder; he received a life sentence.

Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge John A. Gasaway
Montgomery County Supreme Court 10/09/95
James R. Fruge and Jane Fruge v. John Doe and Jane Doe

02A01-9408-CV-00198

Defendants-Appellees.This appeal involves a suit seeking recovery under the uninsured motorist provision of a liability insurance policy. Plaintiffs, James R. Fruge and Jane Fruge, appeal from the order of the trial court granting summary judgment to the unnamed defendant-appellee, State Farm Insurance Company.

Authoring Judge: Judge W. Frank Crawford
Originating Judge:Judge George H. Brown
Shelby County Court of Appeals 10/05/95
Sherri Mangrum v. Frank Dean Owens

01A01-9505-CV-00183

The sole question presented by this appeal is whether defendant, Frank Dean Owens, is entitled to share with plaintiff, Sherri Mangrum, the proceeds of a settlement for the wrongful death of their minor daughter,  Lisa Michelle Owens.

Authoring Judge: Judge W. Frank Crawford
Originating Judge:Judge M. Thomas Taylor, Jr.
Williamson County Court of Appeals 10/04/95
David E. Campbell v. State of Tennessee

01C01-9209-CR-00266

The appellant, David Campbell, pled guilty in the Davidson County Criminal Court to second-degree murder in January 1988. He was sentenced to forty-two years confinement. He filed a post-conviction relief petition alleging that his original trial lawyer who represented him during the plea process was ineffective. The trial court held an evidentiary hearing and denied appellant relief. Campbell now appeals to this Court. We affirm the trial court's dismissal of the post-conviction relief petition.

Authoring Judge: Judge Paul G. Summers
Originating Judge:Judge Walter C. Kurtz
Davidson County Court of Criminal Appeals 10/04/95
Sheryl Lynny Hooke (Thompson) v. Alan Richard Thompson

01A01-9504-CV-00180

This matter concerns the custody of Wayne Nicholas Thompson, II, the minor son of Appellee, Sheryl Lynne Hooke (Thompson) ("Mother") and Appellant, Alan Richard Thompson ("Father"). Both parties sought custody pursuant to separate petitions for divorce.1 The final divorce decree awarded custody to Mother, but stated that Father was to have physical possession of the child during the time period in which Mother underwent treatment for alcoholism. The decree provided that upon Mother's completion of a treatment program, physical possession of Nicholas would revert immediately to her. Father has appealed from the trial court's judgment, challenging both the custody award and the trial court's denial of his request to discover Mother's psychiatric records. For reasons hereinafter expressed, we affirm the judgment.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Marietta M. Shipley
Davidson County Court of Appeals 10/04/95
Mid-State Advertising D/B/A The Nashville Scene, v. Douglas Sarmento

01A01-9504-CV-00157

This appeal involves a suit on a guaranty agreement. Defendant, Douglas Sarmento, appeals from the trial court's order granting plaintiff, Mid-State Advertising, d/b/a "The Nashville Scene," summary judgment. The only issue on appeal is whether the trial court erred in granting summary judgment.

Authoring Judge: Judge W. Frank Crawford
Originating Judge:Judge Hamilton Gayden
Davidson County Court of Appeals 10/04/95