Opinion FlashOctober 13, 2004
Volume 10 Number 198
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.This Issue (IN THIS ORDER):
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Howard H. Vogel
MARK DION DAVIS v. TONYA SMITH DAVIS WITH ORDER Court:TCA Attorneys: Randy Hillhouse, Lawrenceburg, Tennessee, for the appellant, Tonya Smith Davis. Christopher V. Sockwell, Lawrenceburg, Tennessee, for the appellee, Mark Dion Davis. Judge: KOCH First Paragraph: This appeal concerns a dispute over the custody of a child who is less than three years old. Within four months after the parents' divorce in the Chancery Court for Lawrence County, the father filed a petition to modify the permanent parenting plan because the mother was obstructing and discouraging his visitation with the child. Following a bench trial, the trial court determined that the wife's post-divorce conduct amounted to a material change in circumstances and that the parents should have equal residential time with the child. The trial court also relieved the father of his child support obligation in light of the change in the permanent parenting plan. The mother has appealed both the change in the permanent parenting plan and the termination of her child support. While we affirm the trial court's decision to award the parents equal residential time, we vacate the decision with regard to child support. http://www.tba.org/tba_files/TCA/davismarkd_opn.wpd ORDER http://www.tba.org/tba_files/TCA/davismarkd_ord.wpd
FIRST TENNESSEE BANK, N.A., EXECUTOR, ESTATE OF GLENN P. WEBB, SR., and TRUSTEE OF THE RESIDUARY TRUST UNDER THE WILL OF GLENN P. WEBB, SR., F/B/O DEBORAH ANN WEBB, v. BARBARA WEBB STANFIELD, PAUL W. STANFIELD, JR., ALICIA M. STANFIELD, et al. Court:TCA Attorneys: Steven F. Dobson, Chattanooga, Tennessee, for Appellants, Barbara Webb Stanfield, Paul W. Stanfield, Jr., and Alicia M. Stanfield. David E. Fowler and C. Eugene Shiles, Chattanooga, Tennessee, for Appellee, Patricia Webb. Judge: FRANKS First Paragraph: The Chancellor construed a will and granted plaintiff summary judgment. Defendants insist the will is ambiguous. On appeal, we affirm. http://www.tba.org/tba_files/TCA/firsttnbank.wpd
BETTY EVONE MCLENDON v. JAMES EARL MCLENDON, ET AL. Court:TCA Attorneys: James Earl McLendon, appellant, Nashville, Tennessee, Pro Se. A. Scott Yarbrough, Nashville, Tennessee, and Elliott Ozment, Nashville, Tennessee, attorneys for appellees, Jimmy Kenaum and Jerry Davis. Judge: SUSANO First Paragraph: The trial court's judgment grew out of a petition for criminal contempt filed by Jimmy Kenaum ("Kenaum") and Jerry Davis (collectively "the Intervenors"), against James Earl McLendon ("McLendon") for violation of an agreed order ("the agreed order") in a divorce action between McLendon and his now ex-wife, Betty Evone McLendon. The agreed order focused on property ("the Property") which was owned by a corporation, McLendon & Associates. The agreed order provides, among other things, that Kenaum was granted an ingress/egress easement across the Property. The trial court found McLendon in criminal contempt for disparaging the Intervenors to third parties and for placing a locked cable over Kenaum's water line. McLendon appeals. We affirm. http://www.tba.org/tba_files/TCA/mclendonbettye.wpd
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