APPELLATE COURT OPINIONS

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00585-COA-R3-CV

00585-COA-R3-CV

Originating Judge:Vernon Neal
Pickett County Court of Appeals 01/21/00
Swanson vs. Peterson

M1999-00241-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 01/21/00
03C01-9904-CR-00140

03C01-9904-CR-00140
Washington County Court of Criminal Appeals 01/21/00
03C01-9812-CR-00442

03C01-9812-CR-00442
Hamilton County Court of Criminal Appeals 01/21/00
State vs. Angela Gates

E1998-00131-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Blount County Court of Criminal Appeals 01/21/00
Strzelecki vs. McGriff

M1999-00057-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Muriel Robinson
Davidson County Court of Appeals 01/21/00
Ronald M. Guy v. Mutual of Omaha Insurance Company

W1999-00942--COA-R9-CV

Originating Judge:Karen R. Williams
Shelby County Court of Appeals 01/20/00
State of Tennessee v. Michael P. Inlow

M1999-00092-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Originating Judge:Timothy L. Easter
Williamson County Court of Criminal Appeals 01/19/00
Bio-Medical vs. K.R. Chary

W1999-01727-COA-R3-CV
This is a lawsuit to enforce covenants not to compete. The plaintiffs are private companies that own and operate dialysis medical clinics in West Tennessee. The plaintiffs brought an action against the defendant physicians to enforce covenants not to compete contained in agreements for the sale of the dialysis clinics and other related employment agreements. The trial court granted summary judgment to the physicians on the ground that the covenants are void because they are contrary to public policy. We affirm in part, reverse in part, and remand, finding the covenants enforceable to the extent that they do not prevent the defendant physicians from practicing medicine in their specialty.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Joe C. Morris
Madison County Court of Appeals 01/19/00
Don Culbreath vs. First Tn Bank

W1998-00426-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Floyd Peete, Jr.
Shelby County Court of Appeals 01/19/00
Marsha McDonald vs. Samuel Cowan

W1998-00730-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:John R. Mccarroll, Jr.
Shelby County Court of Appeals 01/19/00
State Dept.of Children's Services vs. J.M.R.R.

E2000-02075-COA-R3-CV
The Trial Judge terminated the mother's parental rights to the children on several statutory grounds. The mother on appeal insists grounds were not established by clear and convincing evidence. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Suzanne Bailey
Hamilton County Court of Appeals 01/19/00
Estate of W.O. McIntyre

W1999-01700-COA-R3-CV
This is a will contest. The decedent committed suicide after writing several notes in which he expressed his wish that the bulk of his estate pass to his wife of eighteen years, with specific bequests to his children. The decedent's children contested the validity of the disposition, arguing that the decedent lacked testamentary capacity to execute a will at the time that he wrote the notes. After a jury trial, the jury found that the decedent had testamentary capacity and that the handwritten notes constituted a valid holographic will. The children appeal, arguing that the burden of proving testamentary capacity should have been placed on the will's proponents, due to the decedent's depression and resulting suicide, and that the evidence did not support the jury's verdict. We affirm, finding that the trial court did not err in its instructions on the burden of proof and that there is material evidence to support the jury's verdict.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Dewey C. Whitenton
McNairy County Court of Appeals 01/19/00
01C01-9903-CC-00070

01C01-9903-CC-00070

Originating Judge:Jim T. Hamilton
Maury County Court of Criminal Appeals 01/18/00
State vs. David P. Neal

M1998-00600-CCA-R3-CD
Authoring Judge: Sr. Judge L. Terry Lafferty
Originating Judge:James O. Bond
Wilson County Court of Criminal Appeals 01/18/00
Charles Shoffner vs. Billy Enterprises

W1999-01609-COA-R3-CV
This is a slip and fall case. The plaintiff was injured while bowling at the defendant's bowling alley. While he was bowling, his beeper fell from his belt onto the bowling lane. The plaintiff crossed the foul line to retrieve his beeper, and slipped on the oiled surface. He sued the bowling alley for his injuries, asserting that the bowling alley failed to adequately warn him of the danger of crossing the foul line. The trial court granted a directed verdict in favor of the defendant, finding that the bowling alley had no duty to warn the plaintiff, and that the plaintiff was more than 50% at fault for the accident. The plaintiff appeals. We affirm, finding that, under the undisputed facts, the plaintiff was more than 50% at fault for the accident.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George H. Brown
Shelby County Court of Appeals 01/18/00
State vs. Alaric B. Crouch

M1999-02057-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Lawrence County Court of Criminal Appeals 01/18/00
Brett Rae vs. State

03C01-9901-CC-00029

Originating Judge:Rex H. Ogle
Sevier County Court of Criminal Appeals 01/18/00
03C01-9807-CR-00228

03C01-9807-CR-00228

Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 01/14/00
Roger Clayton Davis vs. State

03C01-9902-CR-00076

Originating Judge:Stephen M. Bevil
McMinn County Court of Criminal Appeals 01/14/00
State vs. Jimmy Ray Cureton

03C01-9808-CR-00313

Originating Judge:Ray L. Jenkins
Knox County Court of Criminal Appeals 01/13/00
State vs. Robert L. Mallard

01C01-9903-CC-00110

Originating Judge:J. Steve Daniel
Rutherford County Court of Criminal Appeals 01/13/00
01C01-9810-CR-00410

01C01-9810-CR-00410
Overton County Court of Criminal Appeals 01/13/00
Joseph Stephenson vs. Keith West

W1998-00668-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert A. Lanier
Shelby County Court of Appeals 01/13/00
01C01-9808-CR-00342

01C01-9808-CR-00342

Originating Judge:Walter C. Kurtz
Davidson County Court of Criminal Appeals 01/13/00