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JOE E. ARMSTRONG vs. TENNESSEE DEPARTMENT OF VETERANS AFFAIRS, COMMISSIONER FRED TUCKER in his official capacity as Commissioner of the Tennessee Department of Veteran Affairs, TENNESSEE CIVIL SERVICE COMMISSION and ELEANOR E. YOAKUM, in her official capacity as Secretary of the Tennessee Civil Service Commissioner Court:TCA Attorneys: PETER M. OLSON OLSON & OLSON, PLC 114 Franklin Street Clarksville, TN 37040 Attorney for Petitioner/Appellee JOHN KNOX WALKUP Attorney General and Reporter JAMES C. FLOYD Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0490 Attorney for Respondents/Appellants Judge: CANTRELL First Paragraph: The question in this case is whether a state employee protected by civil service has a right to be heard before being reclassified to the unprotected executive service. The Chancery Court of Davidson County held that the employee had a right to grieve the reclassification. We affirm. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/armstje_opn.WP6 IN RE: ESTATE OF ORA SLOAN BLANKENSHIP KATHERINE SLOAN BRADEN and STEVE SLOAN vs. BILLIE ANN GANN Court:TCA Attorneys: Dennis Clifton Wright Madison, Tennessee Defendant/Appellee. John H. Lowe Goodlettsville, Tennessee Attorneys for Plaintiffs/Appellants Shawn J. McBrien Lebanon, Tennessee Attorney for Defendant/Appellee Judge: CANTRELL First Paragraph: This matter appears appropriate for consideration pursuant to Rule 10(a) of the Rules of the Court of Appeals of Tennessee. In this case, the decedent, Ora Sloan Blankenship (“Blankenship”), 84 years old, died on June 24, 1994. Subsequently, a petition was filed to probate Blankenship’s alleged holographic will. The purported holographic will named one of Blankenship’s sisters, Kathryn Braden (“Braden”) and Blankenship’s nephew, Steve Sloan (“Sloan”) as co-representatives of the estate. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/BRADENSL_OPN.WP6 ALLAN COMBS, et al. vs. BILLY J. STOKES, Commissioner of the Tennessee Department of Employment Security and HOLSTON DEFENSE CORPORATION Court:TCA Attorneys: For Appellant For Appellees Combs, et al. CHERIE S. ADAMS D. BRUCE SHINE Wilson, Worley & Gamble, P.C. DONALD F. MASON, JR. Kingsport, Tennessee Shine & Mason Kingsport, Tennessee EVERETT H. MECHEM Holston Defense Corporation For Appellee Stokes Kingsport, Tennessee JOHN KNOX WALKUP Attorney General & Reporter SANDRA E. KEITH Office of the Attorney General Nashville, Tennessee Judge: Susano First Paragraph: This is an unemployment compensation case. Holston Defense Corporation (HDC) appeals the trial court’s determination that 29 of its former employees (“the Petitioners”) are entitled to receive full unemployment benefits with no offset for pension benefits. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/COMBS_OPN.WP6 JAMES CRITTENDEN vs. MEMPHIS HOUSING AUTHORITY Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: Alan Bryant Chambers Mark Beutelschies Jeff A. Crow, Jr. Memphis, Tennessee Memphis, Tennessee Judge: LILLARD First Paragraph: This is an action for breach of an employment contract and deprivation of civil rights under 42 U.S.C. § 1983. The trial court granted summary judgment in favor of the plaintiff employee. We reverse. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/crittmha_opn.WP6 GARY LeROY CURTIS vs. JANE WELTHA (WILLIAMS) CURTIS Court:TCA Attorneys: For Gary LeRoy Curtis: For Jane Weltha (Williams) Curtis: R. Eddie Davidson Jack Norman, Jr. Nashville, Tennessee Nashville, Tennessee Thomas F. Bloom Nashville, Tennessee Judge: KOCH First Paragraph: This appeal involves the dissolution of a marriage of two persons who lived together as husband and wife for over thirty years but who were legally married for only ten years. Following a bench trial, the Fourth Circuit Court for Davidson County granted the wife a divorce, divided the marital estate, and directed the husband to pay the wife long-term spousal support and defray the wife’s legal expenses in the divorce proceeding. On this appeal, the husband asserts that the trial court should not have dismissed his complaint for divorce, that the wife was not entitled to long term spousal support, that the trial court’s division of the marital estate was inequitable, and that the wife was not entitled to recover her legal expenses in the divorce litigation. We affirm the final judgment. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/CURTISGL_OPN.WP6 REBA V. DAVIS and TYLER WAYNE DAVIS by next friend, REBA V. DAVIS vs. HARRIMAN CITY HOSPITAL, THE CITY OF HARRIMAN, JEAN ANGELO, BRENDA RUTHERFORD, BETTY SAMPSON, RHONDA MARTIN, MELINDA LATHAM, SHARON UNDERWOOD and VICKIE KLINNERT Court:TCA Attorneys: DAVID C. LEE, Lee, Lee & Lee, Knoxville, for Appellants. HAROLD D. BALCOM, JR., Kingston, for Appellee, City of Harriman Hospital. GERALD LARGEN, Kingston, for Appellees, Jean Angelo, Brenda Rutherford, Rhonda Martin, Sharon Underwood, and Vickie Klinnert. Judge: McMurray First Paragraph: This is a medical malpractice case. Plaintiff, Reba V. Davis brought suit, individually and on behalf of her infant son, Tyler, against Dr. Elbert Cunningham, Harriman City Hospital and the City of Harriman for injuries sustained by Tyler shortly after his birth. After reaching a settlement with Dr. Cunningham, the physician who delivered Tyler, Ms. Davis amended her complaint to include allegations of negligence against the attendant Harriman City Hospital nurses. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/davis359_opn.WP6 FRED E. DEAN vs. DONAL CAMPBELL, et al. Court:TCA Attorneys: Fred E. Dean, Pro Se John Knox Walkup, Attorney General and Reporter, Stephanie R. Reevers, Assistant Attorney General Attorneys for Defendants/Appellees. Judge: FARMER First Paragraph: Fred E. Dean, an inmate in custody of the Tennessee Department of Corrections (TDOC) sued Donal Campbell, Robert Conley, Corporal Lane and Officer Maxwell for monetary damages in a “Complaint for Violation of Civil Rights Under 42 U.S.C. § 1983.” The complaint alleges that when Mr. Dean was transferred from one correction facility to another, several items of personal property were missing, to-wit: sweat pants and shirt, plastic bowl, some cosmetics and a prayer rug. He alleges that after writing Commissioner Campbell, he was notified prayer rugs must be no larger than 3 x 5 feet; with a fire retardant label and nonskid back. The complaint alleges that prayer rugs are not made with a nonskid back or fire retardant label. Thus, he alleges that he has been deprived of a prayer rug. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/DEANFE_OPN.WP6 ANNABEL DROUSSIOTIS vs. CINDY DAMRON, DONALD DAMRON, and MRS. DONALD DAMRON Court:TCA Attorneys: Frank Fly 301 North Spring Street Murfreesboro, TN 37130 ATTORNEY FOR PLAINTIFF/APPELLANT, Steven A. Dix 201 West Main Street Murfreesboro, TN 37130 ATTORNEY FOR DEFENDANTS/APPELLEES Judge: TODD First Paragraph: The captioned plaintiff has appealed from a summary judgment overruling her motion for summary judgment against the defendants, Mr. and Mrs. Donald Damron, and rendering summary judgment dismissing her suit against Mr. and Mrs. Donald Damron, parents of the third defendant, Cindy Damron, against whom a jury verdict of $552,500.00 was rendered and made the judgment of the Trial Court. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/DROUSSIO_OPN.WP6 ANN ELIZABETH DUDENHOEFFER vs. GEORGE DANIEL DUDENHOEFFER Court:TCA Attorneys: JOHN B. LINK, III Nashville, Tennessee Attorney for Appellant JAMES F. BUTLER SPRAGINS, BARNETT, COBB & BUTLER Jackson, Tennessee Attorney for Appellee Judge: HIGHERS First Paragraph: In this action for separate maintenance, the trial court awarded Ann Elizabeth Dudenhoeffer (“Wife”) a decree of separate maintenance and dismissed George Daniel Dudenhoeffer’s (“Husband”) counter-complaint for divorce. The trial court ordered Husband to maintain Wife as an insured on his medical insurance policy until Wife reaches age sixty-five and ordered Husband to maintain his three preexisting life insurance policies designating Wife as the sole irrevocable beneficiary. Wife was awarded the following: the marital residence, an automobile, Wife’s IRA account, Husband’s IRA account, one-half of Husband’s retirement benefits, the remaining balance of Husband’s 401-K account, a certificate of deposit, eighty-eight shares of Tenneco stock, the proceeds from a savings account, all savings bonds in Wife’s possession, two burial plots, an annuity, and the parties’ jointly owned personal property and household goods which Wife had in her possession. Husband was awarded the personal property which he had in his possession, a truck, a bass boat, a motor, a trailer, boating accessories, and proceeds previously withdrawn by him from his 401-K account. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/dudenhoe_opn.WP6 Mary Jane Bohlen Duggan vs. Frederick Louis Bohlen, III Court:TCA Attorneys: DAVID W. KIOUS 1535 West Northfield Boulevard 8 Lincoln Square Murfreesboro, Tennessee 37216 ATTORNEY FOR PLAINTIFF/APPELLANT KATHRYN G. BRINTON 43 Music Square West Nashville, Tennessee 37203 ATTORNEY FOR DEFENDANT/APPELLEE Judge: LEWIS First Paragraph: This is an appeal by petitioner/appellant, Mary Jane Bohlen Duggan, from the decision of the trial court modifying the child support obligation of respondent/appellee, Frederick Louis Bohlen, III, and interpreting the parties’ marital dissolution agreement (“MDA”) and a later amendment to the MDA. The court concluded Mr. Bohlen was not in contempt and required him to pay $860.00 per month for the parties’ youngest child, $250.00 per month for each child over eighteen and under twenty-two provided the child is receiving a postgraduate education, and one-half of the children’s postgraduate education expenses. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. URL:http://www.tba.org/tba_files/TCA/DUGGANM_OPN.WP6 DEBRA ANN EBERHART vs. WILLIAM DANIEL EBERHART Court:TCA Attorneys: For Appellant For Appellee LESLIE B. McWILLIAMS ROBERT J. BATSON, JR. Chattanooga, Tennessee Chattanooga, Tennessee Judge: Susano First Paragraph: In this post-divorce case, William Daniel Eberhart (Father) filed a petition seeking custody of his son, Daniel D. Eberhart, age 7. He seeks to modify the parties’ judgment of divorce, which granted his former wife, Debra Ann Eberhart (Mother), sole custody of their child. Following a bench trial, the court denied Father’s request and dismissed his petition. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/EBERHART_OPN.WP6 MARY S. FENDLEY vs. MART G. FENDLEY Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: Jennifer D. Roberts Roger A. Maness Dickson, Tennessee Marks, Shell, Maness & Marks Clarksville, Tennessee Judge: KOCH First Paragraph: This appeal involves the classification of property in a divorce case. The wife filed for divorce in the Chancery Court for Montgomery County after seventeen years of marriage. Following a bench trial, the trial court declared the parties divorced and awarded the wife custody of the four minor children. In its division of the parties’ property, the trial court classified the parties’ home as marital property and awarded it to the wife but classified the household furniture, funds inherited by the wife, and a limited partnership interest in an athletic club as the wife’s separate property. The husband takes issue on this appeal with the allocation of the responsibility for the debt on the home, the classification of separate property, and the overall distribution of the marital estate. We have determined that the trial court should have allocated the debt secured by the home to the wife and that the trial court correctly classified the disputed assets and equitably distributed the marital estate. AFFIRMED AS MODIFIED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/fendleym_opn.WP6 CAROLYN R. FRANKLIN and EDWARD J. FRANKLIN vs. REBECCA A. KIMBERLY and RAY KIMBERLY SERVED AS UNINSURED MOTORIST CARRIERS: ST. PAUL INSURANCE COMPANY, a/k/a ECONOMY FIRE AND CASUALTY COMPANY TENNESSEE FARMERS MUTUAL INSURANCE COMPANY Court:TCA Attorneys: Kurtis J. Winstead #13084 CORNELIUS & COLLINS 2700 Nashville City Center 511 Union Street Nashville, TN 37219 ATTORNEY FOR APPELLANT, ST. PAUL INSURANCE COMPANY Lawrence D. Sands #11667 Edward Lawwell #3063 SANDS & SANDS LAWWELL DALE & GRAHAM P.O. Box 1660 P.O. Box 1017 Columbia, TN 38402-1660 Columbia, TN 38402-1017 ATTORNEYS FOR PLAINTIFFS, ATTORNEY FOR APPELLEE CAROLYN R. AND EDWARD J. FRANKLIN TENN. FARMERS MUT. INS. CO. Judge: TODD First Paragraph: This is an appeal from an interlocutory ruling which the Trial Judge rendered final as provided by TRCP Rule 54.02. The controversy on appeal is between St. Paul Insurance Company, a/k/a Economy Fire and Casualty Company, (hereafter St. Paul), and Tennessee Farmers Mutual Insurance Company (hereafter Tennessee Farmers). The plaintiffs have filed a brief in support of their interest in the disposition of the appeal. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/FRANKLIN_OPN.WP6 TRABON GENTRY, as the Executor for the Estate of DONNIE R. GENTRY, Deceased vs. NORFOLK SOUTHERN RAILWAY COMPANY Court:TCA Attorneys: For Appellant For Appellee B. STEWART JENKINS CLAYTON M. WHITTAKER ROBERT D. BRADSHAW Foster, Foster, Allen & Jenkins & Bradshaw, P.C. Durrence Chattanooga, Tennessee Chattanooga, Tennessee Judge: Susano First Paragraph: This is a suit for damages brought under the Federal Employers' Liability Act, 51 U.S.C. S 51, et seq. (FELA), by the Executor of the Estate of Donnie R. Gentry (Gentry). The Executor sued Gentry's employer, Norfolk Southern Railway Company (Norfolk Southern), alleging that Norfolk Southern's negligence had caused Gentry to suffer a fatal heart attack while on the job. As expressed in answers to interrogatories, the jury found that Norfolk Southern was negligent; however, it then concluded that such negligence did not cause Gentry's death. The jury thus returned a verdict in favor of Norfolk Southern. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/GENTRY_OPN.WP6 ANTONIO T. GRAY vs. 26th JUDICIAL DRUG TASK FORCE; RICK STAPLES, Chief of Police; WARREN ROBERTS, Former Madison County Sheriff; DTF POLICE CAPT. T. A. COLEMAN; DTF POLICE CAPT. MARK CALDWELL; DTF POLICE INV. DANNY MULLIKIN; DTF POLICE INV. JAMES TRUELOVE; CITY OF JACKSON and COUNTY OF MADISON Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendants/Appellees, 26th Judicial Drug Antonio T. Gray, Pro Se Task Force, Richard Staples, Henning, Tennessee T. A. Coleman, Mark Caldwell, Danny Mullikan and James Truelove: Charles W. Burson David T. Whitefield Nashville, Tennessee For Defendants/Appellees, For Defendant/Appellee, MadisonCounty Tennessee City of Jackson: and Warren Roberts: James I. Pentecost John D. Burleson Jackson, Tennessee Patrick W. Rogers Jackson, Tennessee Judge: LILLARD First Paragraph: This case arises out of the plaintiff's arrest. The charges against him were later dismissed, and he filed a lawsuit against the city police chief, city police officers, sheriff's department officers, members of the drug task force, and the city, for various violations of his civil rights. The trial court granted the defendants' motions for summary judgment, and we affirm. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/GRAYAT_OPN.WP6 Susanna Gillespie, a/k/a Susanna Grezegorcyk, a/k/a Susanna Kantack, a/k/a Susanna Gregg vs. Steven D. Graham, and Lori G. Graham Court:TCA Attorneys: MARK C. ADAMS 1113 Murfreesboro Road Franklin, Tennessee 37064 ATTORNEY FOR PLAINTIFF/APPELLANT DOUGLAS S. HALE 312 First Tennessee Bank Bldg. Franklin, Tennessee 37064 ATTORNEY FOR DEFENDANTS/APPELLEES Judge: LEWIS First Paragraph: This is an appeal from the decision of the Williamson County Chancery Court. Plaintiff/appellant, Susanna Gregg, claims the chancery court erred when it denied her claim to attorney's fees, and defendant/appellee, Steven D. Graham, claims the chancery court erred when it failed to dismiss the claim as outside the statute of limitations. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/GREGGS_OPN.WP6 PEGGY ELAINE JACKSON HALL vs. MARK RICHARD HALL Court:TCA Attorneys: Karen G. Crutchfield, McCord, Troutman & Irwin, P.C., Knoxville, for Appellant. Phillip Reed, Maryville, for Appellee. Judge: INMAN First Paragraph: A decree entered November 14, 1991 approved a marital dissolution agreement which required the defendant to pay $600.00 per month child support. Two years later, the "child support obligation" was increased to $700.00 per month. This was followed by a motion to again increase the support because of changed circumstances and, by order entered October 8, 1996, the child support obligation was increased to $1200.00 per month beginning June 1, 1996. The recipient mother and custodian appeals, insisting that the increase is inadequate under the Guidelines. MODIFIED. URL:http://www.tba.org/tba_files/TCA/HALLMR_OPN.WP6 CORAZON R. JENKINS vs. T. ARTHUR JENKINS Court:TCA Attorneys: T. Arthur Jenkins, pro se Manchester, Tennessee Hollynn L. Hewgley Shelbyville, Tennessee Attorney for Appellee Judge: HIGHERS First Paragraph: In this divorce case, T. Arthur Jenkins ("Husband") appeals from an order of the trial court which denied his motion to set aside a divorce decree pursuant to Tenn. R. Civ. P. 60.02(2) and 60.02(5) and ordered him to pay $637.50 to Corazon Jenkins ("Wife") as payment for Wife's attorney fees arising from Husband's filing of the motion. Husband appeals the judgment of the trial court arguing that the trial court erred in denying his motion to set aside the divorce decree. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/JENKINS_OPN.WP6 WILLIAM JONES vs. JEFF REYNOLDS, Commissioner, Tennessee Department of Correction Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: William Jones, Pro Se Charles W. Burson Attorney General and Reporter Patricia C. Kussmann Counsel for the State Judge: KOCH First Paragraph: This is the second appeal concerning a dispute between a prisoner and the Department of Correction over the calculation of the prisoner's sentence reduction credits. After the Department summarily denied his second request for recalculation of his sentence credits, the prisoner filed a petition for declaratory judgment in the Chancery Court for Davidson County asserting that the Department had miscalculated his sentence credits. The trial court granted the Department's motion for summary judgment, and the prisoner again appealed to this court. We have determined that the summary judgment dismissing the prisoner's ex post facto claims should be affirmed but that the summary judgment dismissing the remaining claims must again be vacated. AFFIRMED IN PART; VACATED IN PART; AND REMANDED. URL:http://www.tba.org/tba_files/TCA/jonesw_opn.WP6 THOMAS GERALD LANEY vs. DONAL CAMPBELL, Commissioner, Tennessee Department of Correction Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: Thomas Gerald Laney, Pro Se John Knox Walkup Attorney General and Reporter John R. Miles Counsel for the State Judge: KOCH First Paragraph: This appeal involves a dispute between a prisoner and the Department of Correction concerning the prisoner's right to earn prisoner sentence reduction credits while on death row. After the prisoner's sentence was reduced to life, the Department denied his request for credit for his educational activities while on death row. The Chancery Court for Davidson County denied the prisoner's petition for declaratory judgment, and the prisoner has appealed to this court. We affirm the trial court because we have determined that a prisoner is not entitled to receive sentence reduction credits for activities or conduct taking place when the prisoner was ineligible to earn credits. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/LANEYTG_OPN.WP6 DELISA RIBBINS LEAK and MARESHIA LEAK, b/n/f DELISA RIBBINS LEAK vs. LAURIE GOODWILL and AT&T SERVICE, INC. Court:TCA Attorneys: DANIEL COLLINS and SAMUEL R. ANDERSON OF CHATTANOOGA FOR APPELLANTS JOSEPH R. WHITE OF CHATTANOOGA FOR APPELLEES Judge: Goddard First Paragraph: Delisa Ribbins Leak and Mareshia Leak, by next friend, Delisa Ribbins Leak, appeal an order of the Circuit Court dismissing their case against Laurie Goodwill. The case had purportedly been appealed from the General Sessions Court pursuant to an order of two Judges of that Court granting a writ of certiorari. The appeal only related to one Defendant, Laurie Goodwill, and not the other Defendant, AT&T Service, Inc. Upon motion of Ms. Goodwill, the Circuit Judge dismissed the case against her, apparently on the grounds raised in the motion, that their appeal was not timely, and thereupon remanded the case to the General Sessions Court for "further hearing as to AT&T Service, Inc." VACATED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/leakd_opn.WP6 RONALD E. LEONARD and wife VICKIE J. LEONARD vs. BUTLER MARKLAND, Contractor Court:TCA Attorneys: M. STANLEY GIVENS OF JOHNSON CITY FOR APPELLANT ROBERT D. ARNOLD OF JOHNSON CITY FOR APPELLEES Judge: Goddard First Paragraph: This controversy arose as a result of a contract entered into between Robert E. Leonard and his wife, Vickie J. Leonard and Butler Markland. The contract provided that Mr. Markland would build a house on a lot owned by the Leonards at a total cost of $96,000. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/leonardr_opn.WP6 DALE WHITFIELD LOFTUS vs. ROBERT MARTIN LOFTUS, JR. Court:TCA Attorneys: THOMAS C. BINKLEY JEFFREY ZAGER TRABUE, STURDIVANT & DEWITT 25th Floor, Nashville City Center 511 Union Street Nashville, Tennessee 37219 Attorney for Petitioner/Counter-Respondent/Appellee KATHRYN G. BRINTON 43 Music Square West Nashville, Tennessee 37203 Attorney for Respondent/Counter-Petitioner/Appellant Judge: CANTRELL First Paragraph: The Probate Court of Davidson County set the father's support obligation below the amount called for in the child support guidelines. The father asserts on appeal that the court should have ordered a more drastic deviation or should have terminated his payments altogether. The mother asserts that the court erred in deviating from the guidelines. We affirm the lower court's order. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/LOFTUSDW_OPN.WP6 DIANA SUE LONG vs. MICHAEL GEORGE LONG Court:TCA Attorneys: ROSE PALERMO Cheatham & Palermo 43 Music Square West Nashville, Tennessee 37203 ATTORNEY FOR PLAINTIFF/APPELLEE DAVID H. HORNIK 222 Second Avenue North Suite 360M Nashville, Tennessee 37201-1649 ATTORNEY FOR DEFENDANT/APPELLANT Judge: LEWIS First Paragraph: This is an appeal by the defendant, Michael George Long, from that portion of the trial court's judgment which awarded alimony in futuro to his former wife, Diana Sue Long, who was the plaintiff. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/LONGD_OPN.WP6 SHIRLEY JEAN McCRACKEN and ALAN McCRACKEN vs. BRENTWOOD UNITED METHODIST CHURCH Court:TCA Attorneys: For the Plaintiffs/Appellants: For the Defendant/Appellee: Stanley M. Chernau Frank Thomas Linda F. Burnsed Leitner, Warner, Moffitt et al Nashville, Tennessee Nashville, Tennessee Judge: KOCH First Paragraph: This appeal involves a woman who broke both ankles in a fall at church. The woman and her husband filed suit in the Circuit Court for Williamson County against the church and others. The trial court granted the church's motion for summary judgment based on the statute of limitations and the joint enterprise rule. The woman and her husband perfected this appeal after obtaining post-judgment relief from an inappropriate interlocutory appeal. We have determined that the trial court properly granted the post-judgment relief but erred in summarily dismissing the complaint. AFFIRMED IN PART; REVERSED IN PART; AND REMANDED. URL:http://www.tba.org/tba_files/TCA/MCCRACSJ_OPN.WP6 BEVERLY FAY MELTON vs. DANNY JOE MELTON Court:TCA Attorneys: WILLIAM R. NEESE Dresden, Tennessee Attorney for Appellant JAMES H. BRADBERRY JAMES H. BRADBERRY & ASSOCIATES Dresden, Tennessee Attorney for Appellee Judge: HIGHERS First Paragraph: In this divorce action, Danny Joe Melton (hereinafter, "Husband" or "Mr. Melton") appeals the trial court's determination regarding the division of the marital estate, custody of the parties' minor child, and the award of certain farm equipment to his former father-in-law. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/melton_opn.WP6 Mid-State Trust IV vs. Randall W. Swift Court:TCA Attorneys: RANDALL W. SWIFT, PRO SE 1107 Nettie Drive Ashland City, Tennessee 37015 CRAIG R. ALLEN, ESQ. Foster, Foster, Allen & Durrence 515 Pioneer Bank Building 801 Broad Street Chattanooga, TN 37402 ATTORNEY FOR PLAINTIFF/APPELLEE Judge: LEWIS First Paragraph: This is an appeal by defendant/appellant, Randall W. Swift, from the decision of the Cheatham County Circuit Court dismissing his appeal from the general sessions court. The facts out of which this matter arose are as follows. Swift executed a promissory note and deed of trust in favor of Jim Walter Homes, Inc. ("JWH") in August 1991. The deed of trust gave JWH a security interest in a piece of property located in Cheatham County and owned by Mr. Swift. JWH subsequently assigned its security interest to plaintiff/appellee, Mid State Trust IV. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/MIDSTATE_OPN.WP6 MARK E. MILLER vs. MICHAEL P. SCHRIMPF, RITA K. SCHRIMPF, and TENNESSEE TITLE AND TRUST, INC. LINDA H. VAUGHN, d/b/a LAKESIDE COLDWELL BANKER, BONNIE CAMPBELL and CAMPBELL REALTORS, INC. Court:TCA Attorneys: VICKY V. KLEIN L. ANTHONY DEAS 509 Lentz Drive P. O. Box 608 Madison, Tennessee 37115 Attorneys for Plaintiff/Appellant J. RUSSELL FARRAR KRISTIN ELLIS BEREXA 211 Seventh Street North, Suite 320 Nashville, Tennessee 37219 Attorneys for Defendant/Appellee Linda H. Vaughn d/b/a Lakeside Coldwell Banker LINDA F. BURNSED SunTrust Center 424 Church Street, Suite 1750 Nashville, Tennessee 37219 Attorney for Defendant/Appellee Bonnie Campbell and Campbell Realtors, Inc. Judge: CANTRELL First Paragraph: The purchaser of a subdivision lot sued his agent and the sellers' agent because the lot could not be approved for a septic tank. His complaint stated causes of action for fraud, negligence, and a violation of the Tennessee Consumer Protection Act. The Chancery Court of Sumner County granted summary judgment to both agents. We reverse the simple negligence claim as to the purchaser's own agent. In all other respects, the judgment is affirmed. AFFIRMED IN PART; REVERSED IN PART; AND REMANDED. URL:http://www.tba.org/tba_files/TCA/MILLERME_OPN.WP6 TOM MILLIGAN and wife LOUISE MILLIGAN vs. CURTIS GEORGE and wife WILMA J. GEORGE Court:TCA Attorneys: For the Plaintiffs/Appellees: For the Defendants/Appellants: Frank Buck Sue N. Puckett-Jernigan Lena Ann Buck Smithville, Tennessee Smithville, Tennessee Judge: KOCH First Paragraph: This interlocutory appeal involves a boundary line dispute between neighbors who live along Wilmouth Creek in Cannon County. Following inconclusive litigation between two of their neighbors, the owners of one of the tracts filed a boundary line action in the Chancery Court for Cannon County against the owners of one of the adjoining tracts that had been involved in the earlier litigation. The defending landowners moved to dismiss the complaint on the ground that the decision in the earlier litigation was res judicata as to the plaintiff landowners' claims. The trial court denied the motion but granted permission to seek an interlocutory appeal. We granted the application for permission to appeal and now affirm the denial of the motion to dismiss because the parties in this case and the former case are not the same. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/MILLIGAT_OPN.WP6 KATHY L. MOYERS vs. ROALD A. MOYERS Court:TCA Attorneys: RAMSEY B. LEATHERS, JR. BLACKBURN, SLOBEY, FREEMAN & HAPPELL, P.C. 414 Union Street 2050 NationsBank Plaza Nashville, Tennessee 37219-0693 Attorney for Petitioner/Appellee ROY A. MILES, JR. First American Center, Suite 1215 Nashville, Tennessee 37238-1215 Attorney for Respondent/Appellant JOHN KNOX WALKUP Attorney General & Reporter KAREN M. YACUZZO Assistant Attorney General 450 James Robertson Parkway Nashville, Tennessee 37243-0493 Attorney for the State of Tennessee Judge: CANTRELL First Paragraph: This appeal followed a long course of post-divorce litigation that prevented the parties from enjoying the peace that should have come from the dissolution of their unhappy marriage. The trial court found the husband guilty of five counts of criminal contempt for failing to comply with the court's orders regarding division of marital property and payment of alimony in solido, and ordered him to serve ten days in jail for each count. On appeal we reverse the trial court as to four of the five counts. AFFIRMED IN PART; REVERSED IN PART; AND REMANDED. URL:http://www.tba.org/tba_files/TCA/moyerskl_opn.WP6 PAUL J. MYER and CAROLE A. MYER vs. MARK WHITACRE, GINGER WHITACRE and FRAN HAWORTH, individually and d/b/a CENTURY 21 HAWORTH HOMES Court:TCA Attorneys: HUGH C. HOWSER, JR. 2500 Nashville City Center 511 Union Street Nashville, TN 37219 Attorney for Plaintiffs/Appellees LISA M. CARSON 306 Court Square Franklin, TN 37064 Attorney for Defendants/Appellants Mark Whitacre and Ginger Whitacre Judge: CANTRELL First Paragraph: In this case involving a breach of a real estate contract, the appellant asserts that the evidence preponderates against the amount of damages found and the award of prejudgment interest. We affirm the judgment of the trial court. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/myerpj_opn.WP6 Pig Improvement Co., Inc. for the use and benefit of Continental Casualty Co. vs. Curt Reaver and Richard Alan Tracey, Jr. Court:TCA Attorneys: JOSEPH P. RUSNAK Tune, Entrekin & White, P.C. 21st Floor, First American Center 315 Deaderick Street Nashville, Tennessee 37238 ATTORNEY FOR PLAINTIFF/APPELLANT BRYAN ESSARY JOE W. ELLIS II Gideon & Wiseman NationsBank Plaza, Suite 1900 Nashville, Tennessee 37219-1782 ATTORNEYS FOR DEFENDANT/APPELLEE Judge: LEWIS First Paragraph: This is an appeal by plaintiff/appellant, Pig Improvement Co., Inc., from a decision of the Sixth Circuit Court for Davidson County dismissing Pig Improvements's complaint against defendants/appellees, Curt Reaver and Richard Alan Tracey, Jr. VACATED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/PIG_OPN.WP6 PRICE & PRICE MECHANICAL, INC. vs. JAMES EDWARD HALE and HALE CONSTRUCTION COMPANY, INC. Court:TCA Attorneys: W. GARY BLACKBURN & MICHELLE JONES LONG, Blackburn, Slobey, Freeman & Happell, P.C., Nashville, for appellant. ROBERT A. CRAWFORD, Carpenter & O'Conner, Knoxville, for appellees. Judge: McMurray First Paragraph: This case is before the court on an extraordinary appeal pursuant to Rule 10, Tennessee Rules of Appellate Procedure. The sole issue which we are called upon to decide is whether Tennessee recognizes the tort of "intentional interference with prospective economic advantage" (The tort). The trial court dismissed the plaintiff's claim on the premise that Tennessee does not recognize the tort, citing Kultura, Inc., v. Southern Leasing, 923 S.W.2d 536, (Tenn. 1996), quoting from Quality Auto Parts v. Bluff City Buick, 876 S.W.2d 818, 823 (Tenn. 1994). REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/price357_opn.WP6 Reliance Insurance Company vs. WSN Leasing , Inc. and Steven Craig Griffin Court:TCA Attorneys: GEORGE T. LEWIS, III Baker, Donelson, Bearman & Caldwell 2000 First Tennessee Building 165 Madison Avenue Memphis, Tennessee 38103 ATTORNEY FOR DEFENDANT/APPELLANT MICHAEL F. RAFFERTY Harris, Shelton, Dunlap & Cobb, L.L.P.C. 2700 One Commerce Square Memphis, Tennessee 38103-2555 ATTORNEY FOR PLAINTIFF/APPELLEE Judge: LEWIS First Paragraph: This is an appeal by defendant/appellant, WSN Leasing, Inc., from a decision of the Sixth Circuit Court of Davidson County finding the insurance policy issued by plaintiff/appellee, Reliance Insurance Company, to WSN did not cover certain intentional acts of WSN's employee, defendant Steven Craig Griffin, and granting summary judgment in Reliance's favor. VACATED IN PART, AFFIRMED IN PART, AND REMANDED. URL:http://www.tba.org/tba_files/TCA/RELIANCE_OPN.WP6 HAROLD D. ROBBINS and wife JEAN A. ROBBINS, Natural Parents and Next of Kin of BRIAN K. ROBBINS, Deceased vs. WILMA J. MONEY and HERMAN L. MONEY Court:TCA Attorneys: For Appellants For Appellees ROBERT W. KNOLTON EDWARD M. GRAVES, JR. Kramer, Rayson, Leake, CARL WINKLES Rodgers & Morgan Knoxville, Tennessee Oak Ridge, Tennessee Judge: Susano First Paragraph: We are asked to review an arbitration award. Pursuant to the authority found at T.C.A. SS 29-5-312 and 29-5-315, the trial court, acting on the application of the plaintiffs, the parents of the late Brian K. Robbins (Estate), confirmed the arbitrator's award of damages to the Estate against the defendant Wilma J. Money (Money), and entered a judgment "in conformity therewith." See T.C.A. S 29-5-315. AFFIRMED AND REMANDED WITH INSTRUCTIONS. URL:http://www.tba.org/tba_files/TCA/ROBBINS_OPN.WP6 HELEN S. ROGERS vs. TOM E. WATTS, JR. with DISSENTING OPINION Court:TCA Attorneys: HELEN SFIKAS ROGERS, pro se Suite 1550 SunTrust Bank Building 201 Fourth Avenue North Nashville, Tennessee 37219 THOMAS E. WATTS, JR., pro se 201 Fourth Avenue North Suite 1260 P. O. Box 198494 Nashville, Tennessee 37219 Judge: LEWIS First Paragraph: This is an appeal by defendant/appellant, Thomas E. Watts, Jr., from the decision of the Sixth Circuit Court of Davidson County finding Mr. Watts liable for malicious prosecution and awarding plaintiff/appellee, Helen S. Rogers, $18,000.00 in damages. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/rogersh_opn.WP6 URL:http://www.tba.org/tba_files/TCA/rogersh_dis.WP6 RUDY E. ROGERS vs. GERALD L. YOUNG and wife, TONYA A. YOUNG Court:TCA Attorneys: RICHARD L. DUNLAP, III, The Dunlap Law Firm, Paris, Attorney for Plaintiff. WILLIAM T. LOONEY, Paris, Attorney for Defendants. Judge: TOMLIN First Paragraph: Rudy E. Rogers (by name or "plaintiff") filed a suit to quiet title in the Chancery Court of Henry County against Gerald L. Young and wife, Tonya A. Young (by name or "defendants"), relative to a tract of land owned by him. Following a bench trial the chancellor held that plaintiff was barred from bringing an action to quiet title pursuant to the provisions of T.C.A. ? 28-2-110, but nonetheless held that plaintiff was the rightful owner of the disputed property. The sole issue presented by this appeal is whether or not the chancellor erred in holding that plaintiff was barred from bringing his action to quiet title. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/ROGERUDY_OPN.WP6 SANDRA J. SCOTT vs. DR. GERALD B. CALIA Court:TCA Attorneys: KENNETH K. KENNEDY OF KNOXVILLE FOR APPELLANT MARTIN L. ELLIS and VONDA M. LAUGHLIN OF KNOXVILLE FOR APPELLEE Judge: Goddard First Paragraph: This medical malpractice suit arises out of surgery performed on Sandra Scott's feet by Dr. Gerald Calia on May 17, 1989. Ms. Scott contends that Dr. Calia was negligent in his medical care of her. She insists on appeal that the Trial Court was in error in directing a verdict against her at the close of her proof. VACATED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/scotts_opn.WP6 STATE OF TENNESSEE ex rel SHERRY SHAVER vs. RICHARD D. SHAVER Court:TCA Attorneys: JOHN KNOX WALKUP Attorney General and Reporter KIMBERLY M. FRAYN Assistant Attorney General Nashville, Tennessee Attorney for Appellant C. TRACEY PARKS HARSH, PARKS, HARSH Gallatin, Tennessee Attorney for Appellee Judge: HIGHERS First Paragraph: In this enforcement of child support case, the State of Tennessee ("State") brings this action on behalf of Sherry Shaver ("Mother") and her minor child, Amber Nicole Shaver ("Amber"), in order to collect child support arrearages from Richard Shaver ("Father") based upon a Texas divorce decree. The trial court held that Father's child support obligations irrevocably and absolutely terminated on August 24, 1987 when Father filed an affidavit relinquishing his parental rights to Amber. The trial court further held that Father was not in arrears for any child support payments which accrued from and after August 24, 1987. The State appeals the judgment of the trial court arguing that Father's child support obligation did not terminate upon the filing of his affidavit which purported to relinquish his parental rights and that child support arrearages did accrue prior to Father's signing of the affidavit. REVERSED. URL:http://www.tba.org/tba_files/TCA/SHAVER_OPN.WP6 SOUTHEAST DRILLING & BLASTING SERVICES, INC. vs. BRS CONSTRUCTION COMPANY and STONES RIVER PLACE LTD., ED BOYD EXCAVATING, INC. Court:TCA Attorneys: For Southeast Drilling For Stones River Place, Ltd and & Blasting Services, Inc.: BRS Construction: Frank Grace, Jr. William W. Gibson Dana C. McLendon, III James C. Bradshaw, III Waller Lansden Dortch & Davis Wyatt Tarrant & Combs Nashville, Tennessee Nashville, Tennessee Charles M. Levy Coral Gables, Florida For Ed Boyd Excavating, Inc.: Wm. Kennerly Burger Murfreesboro, Tennessee Jack E. Seaman Nashville, Tennessee Judge: KOCH First Paragraph: This extraordinary appeal involves a dispute over whether discovery should be stayed pending resolution of a motion to compel arbitration. Since the application and answers fully set forth the parties' positions and the material facts, we dispense with further briefing and oral argument and proceed to the merits of the appeal in order to save the parties additional time and expense. We find that this is a proper case for an extraordinary appeal because the trial court should resolve the motion to compel arbitration prior to allowing any proceedings related to the merits. Therefore, in accordance with Tenn. Ct. App. R. 10(b),. we vacate the order directing that depositions be held within thirty days and reserving judgment on the motion to compel arbitration for forty-five days and remand the case to the trial court for further proceedings in accordance with this opinion. VACATED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/SOUTHEST_OPN.WP6 STAR TRUCK AND TRAILER, INC. vs. JIM HAWK TRUCK TRAILERS, INC. Court:TCA Attorneys: Stephen H. Price; Farris, Warfield & Kanaday of Nashville For Appellee James T. Allison of Memphis For Appellant Judge: CRAWFORD First Paragraph: This appeal involves long-arm jurisdiction over a nonresident corporate defendant. The plaintiff, Star Truck and Trailer, Inc. (Star Truck), appeals from the judgment of the trial court granting the defendant's, Jim Hawk Truck Trailers, Inc.'s (Hawk), motion to dismiss for lack of personal jurisdiction. DISMISSED. URL:http://www.tba.org/tba_files/TCA/STAR_OPN.WP6 CHONG Y. STRUCK vs. GARY L. STRUCK with ORDER on PETITION to REHEAR Court:TCA Attorneys: BRAD W. HORNSBY BULLOCK, FLY & McFARLIN 301 North Spring Street Murfreesboro, TN 37133-0398 Attorney for Plaintiff/Appellant DICKEN E. KIDWELL 300 East Vine Street Murfreesboro, TN 37130 Attorney for Defendant/Appellee Judge: CANTRELL First Paragraph: The question in this case is whether the alimony set by the court was subject to modification. The trial judge terminated the alimony upon the wife's remarriage. We affirm. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/struckcy_opn.WP6 URL:http://www.tba.org/tba_files/TCA/STRUCKCY_ORD.WP6 TENNESSEE TEACHERS CREDIT UNION vs. ANITA ORR Court:TCA Attorneys: ANITA ORR P.O. Box 198152 Nashville, TN 37219 PRO SE FOR DEFENDANT/APPELLANT T. LARRY EDMONDSON, #5601 808 Broadway, Second Floor Nashville, TN 37203 ATTORNEY FOR PLAINTIFF/APPELLEE Judge: TODD First Paragraph: This appeal is from a judgment in favor of the captioned plaintiff in a suit to recover the amount due upon a loan secured by a lien upon an automobile. APPEAL DISMISSED. URL:http://www.tba.org/tba_files/TCA/TNTEACH_OPN.WP6 LISA NICOLE TOMLIN, a minor by her next friend and parent, GWENDOLYN S. COCKERHAM and GWENDOLYN S. COCKERHAM, individually vs. DONNA F. WARREN and ALPHONSO BOWERS and PATRICIA DUNN Court:TCA Attorneys: MARK M. MIXELL 1808 West End Avenue Suite 915 Nashville, Tennessee 37203 Attorney for Plaintiffs/Appellants JAMES D. KAY, JR. BRIDGETT A. WOHLPART Suite 340M, Washington Square Two 222 Second Avenue North Nashville, Tennessee 37201 Attorney for Defendant/Appellee Judge: CANTRELL First Paragraph: The question in this appeal is whether the owner of a mobile home is liable to a third party who was accidentally shot by a guest of a tenant. The Circuit Court of Davidson County granted summary judgment to the owner. We affirm. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/TOMLINLN_OPN.WP6 SAMUEL R. ADAMS, et al. vs. MARGARET C. CULPEPPER, Commissioner of Tennessee Department of Employment Security, and TENNESSEE VALLEY AUTHORITY Court:TCA Attorneys: SAM G. SMITH, JR., Moore & Smith, P.C., Knoxville for Appellants. EDWARD S. CHRISTENBURY, General Counsel, ROBERT C. GLINSKI, Assistant General Counsel, BRENT R. MARQUAND and RICHARD E. RIGGS, Knoxville, for Defendant, Tennessee Valley Authority. JOHN KNOX WALKUP, Attorney General and Reporter, and KIMBERLY M. FRAYN, Assistant Attorney General, Nashville, for Tennessee Department of Employment Security. Judge: McMurray First Paragraph: This is an appeal from a judgment of the Chancery Court of Knox County, affirming the decision of The Department of Employment Security Board of Review in denying all the appellants unemployment compensation benefits. We affirm the judgment of the trial court. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/tva358_opn.WP6
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