Opinion FlashJanuary 5, 2003
Volume 9 Number 022
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
EILENE COPENHAGEN v. ROGER COPENHAGEN Court:TCA Attorneys: Larry D. Crabtree, Nashville, Tennessee, for the appellant, Eilene Copenhagen. Lawrence D. Wilson, Nashville, Tennessee, for the appellee, Roger Copenhagen. Judge: CAIN First Paragraph: Appellant, former wife of Appellee, filed a Petition seeking to convert alleged rehabilitative alimony into permanent alimony in futuro and requesting certain other relief, including all accrued and vested benefits in her former husband's retirement plan. The trial court dismissed the Petition in its entirety holding the alimony previously awarded to be alimony in solido. We reverse the finding as to the character of the alimony previously awarded and affirm as to all other relief sought. The case is remanded to the trial court for further proceedings. http://www.tba.org/tba_files/TCA/copenh.wpd
CHARLES GARRISON, et al. v. JAMES C. STAMPS Court:TCA Attorneys: Lawrence Alan Poindexter, Lebanon, Tennessee, for the appellant, James C. Stamps. Frank Lannom, Lebanon, Tennessee, for the appellees, Charles Garrison by Next Friend and Mother, Glenda Garrison, and Glenda Carol Garrison, Individually. Judge: CAIN First Paragraph: Charles Garrison and James C. Stamps were involved in an automobile accident on October 10, 1998 wherein Garrison was seriously injured. Stamps was uninsured, and Garrison was beneficiary of uninsured motorists coverage under policies of insurance issued to his parents. With no suit ever filed against Stamps, Garrison and his parents reached an agreement with the uninsured motorists carriers whereby the carriers paid the limits of their uninsured motorists coverage. Charles Garrison being a minor, a Petition for court approval of the settlement was filed naming Stamps as the defendant, and an Order was entered approving the settlement. Garrison then filed suit against Stamps, which suit was met with a Summary Judgment Motion by Stamps claiming that he was released from liability by the settlement Order. Garrison filed a Tennessee Rule of Civil Procedure 60.02 Motion seeking to have the settlement Order revised to reflect the true facts of the settlement. This Motion was granted, and Stamps appeals. We hold that Stamps is without standing to assert any rights under the settlement Order and, on this basis, affirm the judgment. http://www.tba.org/tba_files/TCA/garrisonc.wpd
INSURA PROPERTY AND CASUALTY INSURANCE COMPANY v. TERRY ASHE, et al. Court:TCA Attorneys: Elliott Ozment, Nashville, Tennessee, for the appellants, Lineberry Properties, Inc., Lawdog Communications, LLC and Dewey L. Lineerry. Bryan Essary and Kenneth P. Flood, Nashville, Tennessee, for the appellee, Insura Property and Casualty Insurance Company. Judge: CAIN First Paragraph: This is a declaratory judgment action wherein Plaintiff insurance company seeks a declaration as to coverage under its commercial general liability insurance policy issued to Lineberry Properties, Inc. Defendant, Dewey Lineberry, and his wholly owned corporate entities, Defendants Lineberry Properties, Inc. and Lawdog Communications, LLC, sought defense and indemnity from Plaintiff insurance company relative to a defamation, libel, slander, and outrageous conduct complaint previously filed against them in the Circuit Court for Wilson County, Tennessee by Defendants, Terry and Judy Ashe. The trial court granted summary judgment to the insurance company holding that the general commercial liability policy provided no coverage as to the underlying action. We affirm the trial court. http://www.tba.org/tba_files/TCA/insura.wpd
DONNA MANCUSO-BERTONE v. MICHAEL E. BRASWELL Court:TCA Attorneys: Jon S. Jablonski, Nashville, Tennessee, for the appellant, Donna Mancuso-Bertone. Jessica Dawn Dugger, Lebanon, Tennessee, for the appellee, Michael A. Braswell. Judge: CAIN First Paragraph: The mother of a fourteen year old male child appeals the action of the trial judge in denying her Petition for a change of custody. The trial court found that no material change of circumstances had been established by the evidence that would justify change of custody. We affirm the action of the trial court. http://www.tba.org/tba_files/TCA/mancusod.wpd
ALISON LOUGHEED RINNER v. ROBERT ANDREW RINNER Court:TCA Attorneys: Charles G. Blackard, III, Brentwood, Tennessee, for appellant, Robert Andrew Rinner. Rose Palermo, Nashville, Tennessee, for appellee, Alison Lougheed Rinner. Judge: LILLARD First Paragraph: This is a divorce case. The father and mother were both forty-one years old and had a six-year-old daughter. The trial court ordered the father to pay rehabilitative alimony, child support, and a portion of the mother's attorney's fees. On appeal, the father argues that the trial court improperly considered bonus money the father had received, that it erred in not ordering that child support on income in excess of $10,000 be placed in trust, that it erred in ordering him to pay rehabilitative alimony and a portion of the mother's attorney's fees, and also erred in failing to assign tax liability regarding certain stock options. We affirm the trial court's calculation of child support, the decision not to pay a portion of the child support into a trust, the order to pay rehabilitative alimony and a portion of the mother's attorney's fees, and find that the trial court was not required to assign tax liability as to the stock options. http://www.tba.org/tba_files/TCA/rinneral.wpd
SYLVESTER YOUNG v. THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, et al. Court:TCA Attorneys: Sylvester Young, Goodlettsville, Tennessee, Pro Se. Lora Barkenbus, Nashville, Tennessee, for the appellees, Metropolitan Sheriff's Department and Joyce Jordan. Judge: CANTRELL First Paragraph: A prisoner allegedly slipped and fell on a wet floor in the Davidson County Jail, injuring his back. He brought suit against the Metropolitan Government of Nashville and Davidson County for deprivation of civil rights and negligence. The Chancery Court dismissed his civil rights claim on a Rule 12.02(6) motion, and transferred the negligence claim to Circuit Court. After a bench trial, the Circuit Court dismissed the negligence claim. We affirm. http://www.tba.org/tba_files/TCA/youngs.wpd
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