Court of Appeals of Tennessee Court Cases

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  1. In Re Audrey S. (2005)

    This appeal involves the termination of the parental rights of a biological mother who is serving a lengthy prison sentence. Following years of drug abuse, criminal conduct, periodic incarceration, and inconsistent attention to the needs of her two children, the mother pled guilty to charges of especially aggravated kidnaping and aggravated robbery and was sentenced to serve concurrent terms of fifteen and twelve years in prison. Following her incarceration, the fathers of both children filed [...]

    Court: Court of Appeals of Tennessee Docket: Application for Permission to Appeal Dismissed November 7, 2005
  2. Matter of Mwa (1998)

    This appeal involves the termination of the parental rights of the parents of five children between two and seven years of age. After a year of in-home intervention failed to correct the parents' serious parenting deficiencies, the Tennessee Department of Children's Services filed a petition in Davidson County Juvenile Court seeking to terminate both the mother's and the father's parental rights. Three paternal relatives intervened in the proceeding seeking custody of the children. Following a [...]

    Court: Court of Appeals of Tennessee
  3. In Re MJB (2004)

    This appeal involves the termination of a mother's parental rights with regard to her two children. Approximately two years after removing the children from their mother's custody, the Tennessee Department of Children's Services filed a petition in the Davidson County Juvenile Court to terminate both the mother's and the two fathers' parental rights. The mother contested the petition, but ultimately, the children's fathers did not. Following a bench trial, the court entered an order terminating [...]

    Court: Court of Appeals of Tennessee
  4. Kinard v. Kinard (1998)

    This appeal involves a divorce ending a long-term marriage. The husband filed suit to divorce his wife of thirty years in the Chancery Court for Rutherford County, and the wife counterclaimed for a divorce from bed and board. The trial judge, sitting without a jury, declared the parties divorced, divided the marital property, and awarded the wife rehabilitative alimony for three years. The wife takes issue on this appeal with the decision to declare the parties divorced, the division of marital [...]

    Court: Court of Appeals of Tennessee Docket: 01A01-9606-CH-00265
  5. Realty Shop, Inc. v. RR Westminster Holding (1999)

    This appeal involves a problem-plagued commercial development in Nashville called Thompson Station. To shield the project from the developer's financial problems, the principals agreed that a corporation owned by the holding company that owned the contractor would own the project during construction and that the developer would have an option to purchase that corporation upon completion of the work. After the project was completed with substantial cost overruns, the developer attempted to [...]

    Court: Court of Appeals of Tennessee Docket: 01A01-9609-CH-00418
  6. Batson v. Batson (1988)

    This appeal involves a middle-aged couple who were divorced after seven years of marriage. The Davidson County Probate Court, sitting without a jury, granted the wife the divorce, divided the property, and awarded the wife alimony in solido and attorneys fees. Both parties take issue with the manner in which the trial court classified and divided their property. In addition, the wife takes issue with the amount of the alimony in solido award, and the husband questions the trial court's award [...]

    Court: Court of Appeals of Tennessee
  7. Overstreet v. Shoney's, Inc. (1999)

    This appeal involves a freakish accident in which a shard from a broken dinner plate caused a restaurant patron to lose the sight in her left eye. The patron and her husband filed suit against the waitress who dropped the plate and the restaurant in the Circuit Court for Putnam County seeking damages for her injuries and for his loss of consortium. Following a three-day trial, the jury awarded the patron $2,013,000. On this appeal, the restaurant takes issue with several of the trial court's [...]

    Court: Court of Appeals of Tennessee
  8. White v. Vanderbilt University (1999)

    This medical malpractice action stems from a rare post-operative complication of back surgery called the cauda equina syndrome. A patient diagnosed with the syndrome filed suit in the Circuit Court for Davidson County alleging that four physicians and the hospital where her back surgery was performed had caused her permanent injury by negligently failing to monitor, diagnose, and treat her post-operative condition. The trial court granted summary judgment for one physician and directed verdicts [...]

    Court: Court of Appeals of Tennessee Docket: M1997-00105-COA-R3-CV
  9. Whitaker v. Whitaker (1997)

    This is a divorce case. Defendant, James Meredith Whitaker, Jr. (Husband), acting pro se, appeals the decision of the trial court granting a divorce to plaintiff, Nancy Page Whitaker (Wife), and awarding her custody of the parties' children.


    Court: Court of Appeals of Tennessee
  10. Sherrod v. Wix (1992)

    This appeal arises from a protracted dispute over the custody and visitation arrangements for a four-year-old boy who was born after his parents' divorce proceedings began. Soon after the Circuit Court for Robertson County awarded the mother the divorce and custody of the child, the father began a vigorous campaign to expand his visitation privileges and to obtain custody of his son. The trial court eventually denied the father's request for custody and restricted his visitation privileges. The [...]

    Court: Court of Appeals of Tennessee
  11. In Re CWW (2000)

    Christine Stroth Wideman (Mother) appeals the trial court's judgment terminating her parental rights to three of her children, C.W.W., N.W.W., and Z.W.W. The Department of Children's Services (DCS) obtained custody of these children for the second time in February 1998. Several days earlier, the Mother instructed the children to go to a neighbor's house for a few hours. When the Mother did not return for the children, school officials notified DCS that the children had been abandoned. The [...]

    Court: Court of Appeals of Tennessee Docket: M1999-01372-COA-R3-CV
  12. In Re Drinnon (1988)

    Kathy and Jason Drinnon were removed from the custody of their natural parents, Loretta Drinnon Brown and William Edward Drinnon, on April 11, 1984, because of a finding by the Hawkins County Juvenile Court that the children were "dependent and neglected." Kathy Drinnon was placed by the Department of Human Services ("DHS") with Gary and Mary Kilpatrick, foster parents, and Jason Drinnon was placed with foster parents, Gary and Brenda Oliver. A foster care plan was then adopted, whose purpose [...]

    Court: Court of Appeals of Tennessee
  13. Gaskill v. Gaskill (1996)

    This appeal involves the custody of a four-year-old girl. After slightly more than two years of marriage, the mother filed a divorce petition in the Chancery Court for Montgomery County requesting custody of the parties' only child. Following a bench trial, the trial court declared the parties divorced and awarded custody to the mother. The husband asserts on this appeal that he is comparatively more fit than the mother to have custody. We agree and, therefore, reverse the trial court's award [...]

    Court: Court of Appeals of Tennessee
  14. Brown v. Brown (1994)

    This appeal concerns the financial aspects of the dissolution of a 21-year marriage. Both parties sought a divorce in the Chancery Court for Dickson County. The trial court conducted a bench trial and awarded the divorce to the wife. The trial court divided the marital estate, declined to award the wife spousal support, and directed the husband to pay $10,000 to defray the wife's legal expenses. Both parties have appealed. The wife takes issue with her share of the marital estate and with the [...]

    Court: Court of Appeals of Tennessee
  15. Herrera v. Herrera (1996)

    In this divorce action, Fernando Antonio Herrera (hereinafter "Husband" or "Dr. Herrera") appeals the trial court's determination regarding the award of custody of the parties' minor children as well as the amount of child support, rehabilitative alimony, marital debt and attorney's fees for which Dr. Herrera was held responsible. In addition, he also appeals the Chancellor's reliance upon the Guardian Ad Litem's report and recommendations, the Chancellor's refusal to disqualify himself from [...]

    Court: Court of Appeals of Tennessee
  16. O'DANIEL v. Messier (1995)

    This appeal involves a biological mother's efforts to preserve her parental relationship with her five-year-old daughter. The child's paternal grandparents filed an adoption petition in the Circuit Court for Sumner County after obtaining temporary custody of their granddaughter. The trial court, sitting without a jury, found that the mother had abandoned her daughter and granted the grandparents' adoption petition. We reverse the order of adoption because the grandparents have not proved by [...]

    Court: Court of Appeals of Tennessee
  17. Walker v. Sidney Gilreath & Associates (2000)

    This is a legal malpractice action in which Plaintiff appeals summary judgment entered for all Defendants. Plaintiff claims that Defendants, attorneys who represented him in a personal injury case, failed to file a Tenn.R.Civ.P. 54.04 motion for discretionary costs. The trial court held that compliance with the applicable standard of care involved genuine issues of material fact but sustained the summary judgment of all Defendants on the basis of the speculative character of Plaintiff's [...]

    Court: Court of Appeals of Tennessee Docket: E1999-01012-COA-R3-CV
  18. Adelsperger v. Adelsperger (1997)

    This appeal presents a custody and visitation dispute. The parties were declared divorced in the Chancery Court for Rutherford County, and the wife received sole custody of the parties' three minor children. Six months later, the wife moved to Mississippi, and the father petitioned for a change of custody. Following a bench trial, the trial court granted the father custody of the children after concluding that there had been a material change of circumstances and that placing the children in [...]

    Court: Court of Appeals of Tennessee Docket: 01A01-9705-CH-00206
  19. State Ex Rel. Vaughn v. Kaatrude (2000)

    This appeal involves a father's obligation to pay support for a non-marital child. Fifteen years after the child's birth, the Tennessee Department of Human Services, acting on behalf of the child's mother, filed suit in the Montgomery County Juvenile Court seeking to establish paternity and to obtain past and future support from the father. Following a bench trial, the trial court entered an order establishing paternity and ordering the father to pay $542.50 per month in child support. The [...]

    Court: Court of Appeals of Tennessee Docket: M1997-00146-COA-R3-CV
  20. Bowman v. Bowman (1991)

    This is an appeal by appellant, James Howard Bowman, from the trial court's award of a divorce to his wife, appellee Lizzie Hall Bowman, from the trial court's division of marital property, the award of attorney's fees and the granting of alimony in futuro. Appellants Elliott Bowman and wife Becky Bowman (the Bowmans) appeal from the trial court's holding and judgment that a deed from the Bowmans to James Howard Bowman and Lizzie Bowman was not a conditional delivery.


    Court: Court of Appeals of Tennessee

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