COURT OF APPEALS OPINIONS

Duncan v. Crawford, Maryville, For The Appellant.
03A01-9507-PB-00230
Trial Court Judge: Inman

Court of Appeals

02A01-9405-CV-00114
02A01-9405-CV-00114

Court of Appeals

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X2010-0000-XX-X00-XX

Court of Appeals

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

Court of Appeals

Forrest City Grocery Company, v. Tennessee Department of Revenue
01A01-9505-CH-00198
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor C. Allen High

The plaintiff, Forrest City Grocery Company, filed a declaratory judgment action in the Chancery Court of Davidson County alleging that the Unfair Cigarette Sales Law violates (1) the Sherman Antitrust Act, and (2) the plaintiff's right to due process. The chancellor found the issues in favor of the statute and dismissed the complaint. We affirm.

Davidson Court of Appeals

Bellsouth Advertising & Publishing Corporation, v. Reuben Bonilla and Marco Bonilla, Partners, D/B/A Car Stereo Shop and Mobile Phone
01A01-9505-CH-00213
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Robert S. Brandt

One of the captioned defendants, Reuben Bonilla, has appealed from the judgment of the Trial Court overruling his motion to set aside a default judgment in favor of the captioned plaintiff. The notice of appeal states: Notice is hereby given that Reuben Bonilla, defendant named herein, hereby appeals to the Court of Appeals from the order entered in this cause on the 21st day of November, 1994.

Davidson Court of Appeals

State of Tennessee, ex rel., Claudia Agee, v. J.C. Chapman, Jr.
01A01-9506-CV-00231
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Muriel Robinson

This is an appeal from a judgment of the lower court finding the respondent in contempt for failing to pay child support. The lower court sentenced the respondent to six months in jail but allowed him to remain free if he complied with the court's current support order and remained within the state. On appeal, the respondent argues that he had no notice of the original support order, that he was not given proper notice of the contempt charges, that the trial judge improperly denied his request for a jury, and that the trial judge erred in denying him the right to leave the state. In accordance with the following opinion we reverse the lower court's sentence for contempt and its injunction against leaving the state. Otherwise, we affirm.

Davidson Court of Appeals

The Metropolitan Gov. of Nashville and Davidison County, Tennessee and The Metropolitan Nashville Airport Authority v. Overnite Transportation Company - Concurring
01-A-01-9503-CV-00089
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Hamilton Gayden

This is an appeal by the petitioners/appellants, Tennessee State Department of Transportation ("TDOT") and Metropolitan Nashville Airport Authority ("MNAA"), from a jury verdict and judgment valuing four acres of  condemned property owned by the respondent/appellee, Overnite Transportation Company ("Overnite"), at $1,759,578.10.

Davidson Court of Appeals

03A01-9507-CH-00212
03A01-9507-CH-00212

Anderson Court of Appeals

03A01-9505-CV-00153
03A01-9505-CV-00153

Court of Appeals

Bessie Lee King v. Davidson (NMN) Taylor - Concurring
02A01-9504-CV-000
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge D'Army Bailey

This appeal arises out of a paternity action filed by the Plaintiff-Appellee, Bessie Lee King, against the Defendant-Appellant, Davidson Taylor, to establish the paternity of King's minor child, Davene. The action was originally filed in the Juvenile Court of Memphis and Shelby County, but was transferred to Circuit Court after Mr. Taylor requested a jury trial. Mr.  Taylor, Ms. King, and Davene submitted to a blood test. The sworn blood test results, which accompanied Appellee's motion for summary judgment, established that Mr. Taylor had a 99.65% probability of being Davene's father. Relying on both the blood test and T.C.A. § 24-7-112(b)(2) (Michie 1994), the trial court granted Ms. King's motion for summary judgment. Mr. Taylor appeals the decision of the trial court.

Shelby Court of Appeals

02A01-9404-CV-00077
02A01-9404-CV-00077
Trial Court Judge: D'Army Bailey

Shelby Court of Appeals

02A01-9407-CV-00161
02A01-9407-CV-00161
Trial Court Judge: James E. Swearengen

Shelby Court of Appeals

02A01-9407-CV-00169
02A01-9407-CV-00169
Trial Court Judge: Darrell Blanton

Shelby Court of Appeals

02A01-9410-CH-00235
02A01-9410-CH-00235
Trial Court Judge: D. J. Alissandratos

Shelby Court of Appeals

Paula Van Slyke (Fleming) v. Philp Edward Fleming - Concurring
01-A-01-9504-CV-00178
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Muriel Robinson

This case involves the question of whether a custodial parent may claim the benefit of changes in the child support guidelines promulgated after trial on her Petition for Increased Child Support, but before the trial court filed its Final Order. Because those changes were not raised in the  proceedings below, we decline to act on them here. Instead, we remand  the cause to the trial court for further proceedings.

Davidson Court of Appeals

Laura Patricia Cutsinger v. Charles Edward Cutsinger - Concurring
01A01-9504-CV-00148
Authoring Judge: Judge David R.Farmer
Trial Court Judge: Judge Robert W. Wedemeyer

In this divorce case, Charles Edward Cutsinger (Husband) has appealed the trial court's judgment which awarded Laura Patricia Cutsinger (Wife) a thirty percent (30%) interest as a seller in the contract of sale of Husband's chiropractic practice. Husband also has appealed the trial court's ruling which ordered Husband to indemnify Wife for any judgment that might arise as a result of an indebtedness for a pleasure boat purchased during the marriage.

Robertson Court of Appeals

02A01-9409-CV-00174
02A01-9409-CV-00174
Trial Court Judge: James E. Swearengen

Shelby Court of Appeals

02A01-9409-CV-00201
02A01-9409-CV-00201
Trial Court Judge: Wyeth Chandler

Shelby Court of Appeals

02A01-9411-CV-00260
02A01-9411-CV-00260
Trial Court Judge: Janice M. Holder

Shelby Court of Appeals

James R. Fruge and Jane Fruge v. John Doe and Jane Doe
02A01-9408-CV-00198
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge George H. Brown

Defendants-Appellees.This appeal involves a suit seeking recovery under the uninsured motorist provision of a liability insurance policy. Plaintiffs, James R. Fruge and Jane Fruge, appeal from the order of the trial court granting summary judgment to the unnamed defendant-appellee, State Farm Insurance Company.

Shelby Court of Appeals

The Metropolitan Government of Nashville and Davidson County, v. Nashville Park Hospitality, Inc.
01A01-9504-CH-00142
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Robert S. Brandt

Appellant, Nashville Park Hospitality, Inc. ("Nashville Park"), is the owner of the Budget Lodge, a motel in Nashville consisting of three separate buildings identified as the 100, 200 and 300 Buildings. Ninety-six suites compose the 100 and 300 Buildings, with 92 available to the public and rented on a weekly basis. The 200 Building consists of standard motel rooms which are rented nightly. Appellee, the Metropolitan Government of Nashville and Davidson County ("Metropolitan Government"), filed suit seeking to enjoin Nashville Park from operating the Budget Lodge in violation of the Hotel, Food, Service Establishment and Public Swimming Pool Inspection Act of 1985, T.C.A. § 68-14-301 et. seq. ("Act").1 After a hearing, the trial court granted Metropolitan Government's application for a permanent injunction, enjoining Nashville Park from operating Budget Lodge in violation of the Act. The court, however, refused to entertain the issue of whether the Act applied to the suites rented weekly,2 citing Nashville Park's failure to first exhaust its administrative remedies. Nashville Park has appealed, challenging that determination by the chancellor. For reasons to be discussed, we reverse that portion of the judgment holding the trial court without jurisdiction to decide the issue prior to an exhaustion of the administrative process.

Davidson Court of Appeals

Tennessee Department of Human Services, v. Tennessed Civil Service Commission and Frank Mahon
01A01-9504-CH-00143
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal arises from the chancery court's reversal of a final order of the Tennessee Civil Service Commission (the Commission). The Commission's final order reinstated Appellant, Frank Mahon, an employee who had been dismissed by the Cocke County Department of Human Services (Cocke County DHS). The chancery court reversed the Commission's final order, finding that the final order was unsupported by substantial and material evidence in the record before the Commission.

Davidson Court of Appeals

Terry J. Kyte and Terry J. King, v. Tennessee Department of Safety
01A01-9504-CH-00150
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

Appellants, Terry J. Kyte and Terry F. King, appeal from the judgment entered by the chancery court, affirming the decision of the commissioner of the Tennessee Department of Safety (Department) to grant the Department's motion for default in a contested case proceeding concerning the seizure of Appellants' property.

Davidson Court of Appeals

Cynthia D. Gentry v. Linda Rudolph, Commissioner of the Tennessee Department of Human Services - Concurring
01A01-9504-CH-00155
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Chancellor C. Allen High

Plaintiff, Cynthia D. Gentry, appeals from the order of the chancery court that affirmed the final administrative order of the Department of Human Services (DHS). The controversy in this case arose from the receipt by Mrs. Gentry's husband of a lump sum social security disability payment in July, 1991. At the time of the payment, Mrs. Gentry was the recipient of Aid for Dependent Children (AFDC) benefits. DHS determined that the lump sum payment constituted income sufficient to render Mrs. Gentry ineligible for AFDC benefits for a period of four months. Mrs. Gentry was notified by DHS that her benefits would be terminated for four months because of the receipt of the lump sum social security payment.

Davidson Court of Appeals