COURT OF APPEALS OPINIONS

Barbara J. Hand, Administratrix of Estate of Charles D. Hand, Deceased, v. Norfolk Southern Railway Company
03A01-9704-CV-00123
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Robert M. Summitt

This is a suit brought under the Federal Employers Liability Act. It was brought by Plaintiff Barbara J. Hand, Administratrix of the estate of her deceased husband, Charles D. Hand, against his employer, Defendant Norfolk Southern Railway Company. The jury rendered a verdict in favor of the Plaintiff and assessed damages in the amount of $3,250,000. The Defendant appeals, raising nine separate issues. Although many do not merit a protracted discussion, others raise substantial questions.

Raymond Mitchell v. Camelot Utility District for Hawkins County, Tennessee
03A01-9709-CH-00394
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Thomas R. Frierson

Plaintiff  Raymond Mitchell sues Defendant Camelot Utility District of Hawkins County, Tennessee. He alleges that Camelot, in acquiring a quit claim deed from him conveying two tracts of land, one that contains an artesian well and the other equipment in connection with distribution of water to the adjacent area.  He contends that as a consideration for the quit claim deed, John Valetta, President of Camelot, represented to him that Camelot would provide water taps for two of his lots free of charge and, upon acquisition of an alternate water source, would re-convey the quit claimed lots to him.

Curtis R. Thrapp vs. Mary Elizabeth Thrapp
E2006-00088-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Dale Young
The parties were divorced in Oregon where the Court ordered the custodial arrangement for the only child of the marriage. The Mother then moved to Colorado, where she filed suit in Colorado in the custody dispute. She then moved to Tennessee, where the Father sued her over the ongoing dispute. The Colorado Court ultimately declined jurisdiction and the Tennessee Court ordered a change of the custody. The mother has appealed. We affirm the change of custody.

Ogilvie vs. Metro Gov't. vs. Nashille Electric Svc.
01A01-9709-CV-00466
Trial Court Judge: Thomas W. Brothers

McMahan vs. Whisman
01A01-9711-CH-00681
Trial Court Judge: Ellen Hobbs Lyle

Ramsey vs. Burkhalter & Ryan
01A01-9707-CH-00318
Trial Court Judge: Ellen Hobbs Lyle

TN. Real Estate Comm. vs. Hamilton
01A01-9707-CH-00320
Trial Court Judge: Ellen Hobbs Lyle

Coastcom, Inc. vs. Cruzen, et.ux.
01A01-9707-CH-00349
Trial Court Judge: H. Denmark Bell

Hawkins & Gossett vs. Hart, et. al.
01A01-9707-CV-00294
Trial Court Judge: Barbara N. Haynes

J.B. Hinson, et. ux. vs. Beechview Corp.
01A01-9709-CH-00498
Trial Court Judge: Robert L. Jones

Dept. of Children's Svcs. vs. Stanfill
01A01-9710-JV-00616
Trial Court Judge: Andrew J. Shookhoff

Montague vs. Dept. of Corrections
01A01-9711-CH-00667
Trial Court Judge: Ellen Hobbs Lyle

Charles Montague, v. Tennessee Department of Corrections, and Warden Howard Carlton
01A01-9711-CH-00667
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Ellen Hobbs Lyle

The plaintiff, a prisoner in the custody of the Tennessee Department of Correction, brought this action against the Department and its Commissioner seeking a declaratory judgment that he is entitled to a refund of $64.00 charged against his custodial account for a key lost by the prisoner.

National Healthcare L.P. vs. Sparta Medical Investors
01A01-9712-CH-00718
Trial Court Judge: Irvin H. Kilcrease, Jr.

National Healthcare L.P. vs. Sparta Medical Investors
01A01-9712-CH-00718

Moore, et. ux. vs. Phillips, Sr.
01A01-9605-CH-00197
Trial Court Judge: Jeffrey F. Stewart

Haren Construction v. Metro Nashville and Davidson County
M2002-01135-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ellen Hobbs Lyle
This appeal involves a contract between the Appellant Haren Construction Company, Inc. (HCCI) and the Appellee Metropolitan Government (Metro). The construction company brought suit claiming Metro breached its contract with HCCI in "constructive suspension" of work. In addition the construction company claimed that Metro interfered with the company's contract for equipment supply from a third party. The trial court granted Metro's two motions for summary judgment, the first concerning Metro's alleged liability under the Governmental Tort Liability Act, the second concerning the action for breach of contract. HCCI appeals the grant of summary judgment. We affirm.

Miller vs. Willbanks
03A01-9709-CV-00411
Trial Court Judge: John K. Wilson

Rubin vs. Rubin
03A01-9711-CV-00502

Suntrust Bank vs. Johnson
M1997-00202-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ernest B. Pellegrin
This appeal involves a dispute between a commercial bank and the Tennessee Department of Revenue regarding the bank's claim for a refund of the sales taxes paid in connection with defaulted retail installment sales contracts purchased from various automobile dealers. After the Department denied its refund claim, the bank sued the Commissioner of Revenue in the Chancery Court for Davidson County seeking a refund. Both parties eventually sought a summary judgment. The trial court granted the Commissioner's motion for summary judgment after concluding that it did not have jurisdiction to consider the bank's claim. Alternatively, the trial court held that the bank was not entitled to the requested refund because it was not the dealer who originally remitted the sales tax to the Department. We have determined that the trial court erred by determining that it lacked jurisdiction to consider the bank's refund claim. However, we have also determined that the trial court correctly concluded that the bank was not entitled to the requested refund because it was not the dealer who remitted the sales tax at issue.

Simmons vs. Russell, et. al.
01A01-9709-CV-00467
Trial Court Judge: James E. Walton

Dept. of Children's Svcs. vs. Mangrum
01A01-9709-JV-00530
Trial Court Judge: Andrew J. Shookhoff

Shahrdar vs. Global Housing, Inc.
01A01-9710-CV-00553
Trial Court Judge: Marietta M. Shipley

Forbes vs. Wilson Co. Emergency
01A01-9602-CH-00089
Trial Court Judge: C. K. Smith

Davis v. Erwin
03A01-9707-CV-00247