COURT OF APPEALS OPINIONS

Kenneth Dale Nance, v. Tina Louise Nance
02A01-9603-CH-00042
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Chancellor John Walton West

Custody of the five-year old son of these parties was awarded to his mother, the propriety of which the appellant-father questions. Our review of the findings of the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. § 50-6-225(3)(2). Stone v. City of McMinnville, 896 S.W.2d 584 (Tenn. 1991). We cannot substitute our judgment for that of the trial judge, and we are not positioned to evaluate the credibility of the parties or their witnesses. Walls v. Magnolia Truck Lines, 622 S.W.2d 526 (Tenn. 1981).

David Vaughn vs. Daimler Chrysler
E2002-02163-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Jean A. Stanley
David W. Vaughn sues Daimler Chrysler Corporation and Grindstaff, Inc., seeking damages in connection with his October 1994 purchase of a 1994 Chrysler LHS automobile which was manufactured by Chrysler and sold to him by Grindstaff. The complaint alleges violations of T.C.A. Title 55, Chapter 24, commonly known as the "Lemon Law." The Trial Court sustained a motion for summary judgment filed by the Defendants, resulting in this appeal, wherein Mr. Vaughn contends there are disputed material facts rendering summary judgment inappropriate. We affirm.

03A01-9605-CH-00165
03A01-9605-CH-00165

03A01-9511-CH-00395
03A01-9511-CH-00395
Trial Court Judge: Inman

01A01-9606-CV-00283
01A01-9606-CV-00283
Trial Court Judge: Walter C. Kurtz

01A01-9607-CH-00335
01A01-9607-CH-00335
Trial Court Judge: Irvin H. Kilcrease, Jr.

01A01-9609-CH-00393
01A01-9609-CH-00393
Trial Court Judge: Ellen Hobbs Lyle

01A01-9605-CH-00219
01A01-9605-CH-00219
Trial Court Judge: Ellen Hobbs Lyle

01A01-9605-CV-00242
01A01-9605-CV-00242
Trial Court Judge: Marietta M. Shipley

Turnbo vs. Turnbo
01A01-9307-CH-00314
Trial Court Judge: Jim T. Hamilton

01A01-9606-CV-00283
01A01-9606-CV-00283

01A01-9607-CH-00287
01A01-9607-CH-00287
Trial Court Judge: William B. Cain

01A01-9607-CH-00296
01A01-9607-CH-00296
Trial Court Judge: Tom E. Gray

Wherein The Board'S Discretion Is Not So Broad. See Totty v. Tennessee Dep'T Of
01A01-9607-CH-00335
Trial Court Judge: William C. Koch

01A01-9607-CV-00307
01A01-9607-CV-00307
Trial Court Judge: William B. Cain

01A01-9605-CH-00215
01A01-9605-CH-00215
Trial Court Judge: Robert S. Brandt

01A01-9605-CH-00215
01A01-9605-CH-00215

01A01-9605-CV-00210
01A01-9605-CV-00210
Trial Court Judge: John A. Turnbull

Hall, 847 S.W.2D 208, 211 (Tenn. 1993); Clifton v. Bass, 908 S.W.2D 205, 208
01A01-9605-CV-00210

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X2010-0000-XX-X00-XX
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X2010-0000-XX-X00-XX
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Lois Smith and Cecil Smith, v. Bethel Marie (Smith) Schneider, v. Roger Allen Smith
02A01-9608-CH-00193
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Joe C. Morris

The petition was filed in accordance with T.C.A. § 36-6-301 which states: Grandparents’ visitation rights. -- (a) The natural or legal grandparents of an unmarried minor child may be granted reasonable visitation rights to the child during such child’s minority by a court of competent jurisdiction upon a finding that such visitation rights would be in the best interests of the minor child. Lois Smith and Cecil Smith appeal from the trial court’s denial of their petition seeking visitation rights with their grandson, Jonathon Allen Smith, pursuant to T.C.A. § 36-6-301.1 The appellants are the parents of Roger Allen Smith whose marriage to Bethel Marie Smith (now Schneider) ended in divorce in April 1990. Jonathon Allen Smith was born to that marriage and was age 7 at the time of the hearing which is the subject of this appeal. Custody of Jonathon was awarded to his mother.

Darryl Jones, as surviving next of kin of Goldie Jones, Deceased, v. Dana A. Watson,and Sheree Watson
02A01-9602-CV-00038
Authoring Judge: Senior Judge Hewitt P. Tomlin
Trial Court Judge: Judge Robert L. Childers

Darryl Jones (hereafter “Plaintiff”) filed suit in the Circuit Court of Shelby County against Dana A. Watson and Sheree Watson (hereafter “Defendants”) to recover damages for the wrongful death of his wife, Goldie Jones, as a result of a motor vehicle accident. Defendants were insured by Allstate Insurance Company ( hereafter “Allstate”). Allstate ultimately entered into a settlement agreement with plaintiff and pursuant thereto issued not one but two consecutive settlement checks to plaintiff. Because the son of the deceased wife incorrectly filed a wrongful death action on his own behalf, plaintiff was prevented from consummating the settlem ent agreement with
Allstate. Some three years after plaintiff’s suit had been filed, defendants filed a motion to dismiss on the grounds that plaintiff had failed to comply with Rules 3 and 4 T.R.C.P. in that defendants had not been served with process, nor had an alias summons been issued, nor had the action been  recommenced within one year of the date of the issuance of the original process, thus plaintiff’s claim was barred by the one year statute of limitations. The trial court granted the defendants’ motion to dismiss. The sole issue presented by plaintiff on appeal is whether the trial court erred in so doing. We find that it did and reverse.

Nancy Buchanan, Mother et al., Next of Kin of Corwendell D. Perkins, Deceased, v. Hardemen County Tennessee and Hardeman County Highway Dept.
02A01-9411-CV-00257
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Jon Kerry Blackwood

This matter appears appropriate for consideration pursuant to Rule 10(b) of the Rules of the
Court of Appeals of Tennessee. The plaintiffs/appellants in this cause, Nancy Buchanan, et al., (“Buchanan”) appeal the trial court’s grant of summary judgment to defendants/appellees, Hardeman County, Tennessee, et al., (“Hardeman County”). After a serious automobile accident on Minnie Hill Road in Hardeman County, Buchanan filed suit against Hardeman County for wrongful death, alleging that the road was not properly maintained by the County. Buchanan alleged that the accident would not have occurred had a lower speed limit been posted, a warning sign been erected, the curve properly delineated by road markings, and guardrails been installed. Buchanan argues that the doctrine of sovereign immunity does not apply to Hardeman County in this case and that the road was unsafe, dangerous, and defective under Tenn. Code Ann. § 29-20-203(a).