COURT OF APPEALS OPINIONS

01A01-9605-GS-00237
01A01-9605-GS-00237
Trial Court Judge: Barry R. Brown

01A01-9510-CH-00450
01A01-9510-CH-00450
Trial Court Judge: Irvin H. Kilcrease, Jr.

01A01-9604-CH-00152
01A01-9604-CH-00152
Trial Court Judge: Ellen Hobbs Lyle

01A01-9605-CH-00208
01A01-9605-CH-00208
Trial Court Judge: Leonard W. Martin

02A01-9507-CH-00146
02A01-9507-CH-00146
Trial Court Judge: D. J. Alissandratos

03A01-9602-JV-00043
03A01-9602-JV-00043

03A01-9604-CV-00153
03A01-9604-CV-00153

03A01-9605-CH-00162
03A01-9605-CH-00162

02A01-9511-CV-00251
02A01-9511-CV-00251
Trial Court Judge: James E. Swearengen

02A01-9607-CV-00156
02A01-9607-CV-00156
Trial Court Judge: Jon Kerry Blackwood

David Hutton v. Ruth E. Johnson, Commissioner of Revenue, State of Tennessee - Dissenting
01A01-9601-CH-00023
Authoring Judge: Judge William C. Koch, Jr.

The majority has decided that Tenn. Code Ann. § 67-6-510 (1994) permits the purchaser of a used jet aircraft to reduce his state tax liability by deducting the value of a previously owned prop-driven aircraft from the purchase price of the jet aircraft. I do not agree that Tenn. Code Ann. § 67-6-510 applies to the purchase of the jet because the transaction does not involve a trade or series of trades.

David Hutton, v. Ruth E. Johnson, Commissioner of Revenue, State of Tennessee - Dissenting
01A01-9601-CH-00023
Authoring Judge: Judge William C. Koch, Jr.

The majority has decided that Tenn. Code Ann. § 67-6-510 (1994) permits the purchaser of a used jet aircraft to reduce his state tax liability by deducting the value of a previously owned prop-driven aircraft from the purchase price of the jet aircraft. I do not agree that Tenn. Code Ann. § 67-6-510 applies to the purchase of the jet because the transaction does not involve a trade or series of trades.

Gary Bernard Sanders, v. Don Sundquist, Governor of State of Tennessee, et al.
01A01-9608-CH-00363
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Robert S. Brandt

The captioned plaintiff, an inmate of the Department of Correction, filed this suit against the Governor, Commissioner of Correction and Commissioner of Correction, seeking a declaration of his rights to release from incarceration. The defendants filed a motion to dismiss supported by affidavit of an official of the Department of Correction. The motion was therefore a motion for summary judgment. T.R.C.P. Rule 12.02.

Thomas Tarpley, v. Charles Traughber, Chairman, Tennessee Board of Paroles
01A01-9608-CH-00365
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Robert S. Brandt

The captioned plaintiff, an inmate of the Department of Corrections, filed this suit for certiorari from an adverse decision of the Board of Paroles. The Trial Court dismissed the suit for failure to state a claim for which relief can be granted.

Gate Pharmeceuticals, a Division of the Lemmon Company, v. Tennessee Board of Medical Examiners
01A01-9510-CH-00451
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This Board added this language in its amendment to the original version of the rule. This case involves a challenge to the validity of a rule promulgated by the Tennessee Board of Medical Examiners. Gate Pharmaceuticals appeals the judgment of the trial court upholding the rule’s validity. We affirm.

Ty Farming Company, Inc., v. George Belew and The County of Dyer, Tennessee
02A01-9510-CV-00232
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Joe G. Riley. Jr.

Plaintiff-Appellant, TY Farming Company, Inc. (“TY Farming”), appeals the judgment of the trial court denying TY Farming’s claims against Defendants-Appellees Dyer County (“Dyer County”) and George Belew (“Belew”) relative to a dirt road which crossed properties owned by TY Farming, Belew, and other landowners in Dyer County. The trial court found that the dirt road had been abandoned by the County and the general public, that the road was no longer a public road, and, therefore, that the County had no obligation to maintain the road. Accordingly, the judgment denied TY Farming’s claim for damages against the County and dismissed the County from the lawsuit. With regard to TY Farming’s claim against Belew, the judgment granted TY Farming an easement across the property of Belew. The trial court further found that Belew had deprived TY Farming of its previously existing easement of ingress and egress to its property, but the court found that TY Farming had suffered no damages because it had continuous access to its property by another route. Accordingly, the trial court denied TY Farming’s claim for damages against Belew and dismissed TY Farming’s complaint in its entirety.

David Via and wife, Patty Via, v. Jimmy Joe Welch, Herman Reed and Tommy Reed
02A01-9507-CH-00157
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor John Walton West

This is a suit brought by Plaintiffs-Appellants, David Via and his wife Patty Via (“Via”), against Defendants-Appellees, Jimmy Joe Welch, Herman Reed and Tommy Reed (collectively
“Welch”). In this appeal, Via seeks to revive a decree for specific performance entered by this Court on August 28, 1984. Specific performance is no longer available since the property was lost to foreclosure. Via now seeks to have the decree revived and converted to a judgment for money damages. The trial court ruled that Via is not entitled to the relief sought and dismissed Via’s lawsuit. We affirm.

Tyrus C. Ragland and Bonnie S. Ragland, Husband and Wife, and Guy Treece and Marla Treece, Husband and Wife, v. Sidney Feuerstein and Betsy Feuerstein
02A01-9506-CH-00140
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor C. Neal Small

This matter appears appropriate for consideration pursuant to Rule 10(b) of the Rules of the Court of Appeals of Tennessee.1 Defendant-Appellants Sidney and Betsy Feuerstein (“Feuersteins”) appeal the Chancery Court’s order in favor of Plaintiff-Appellees Tyrus Ragland and other neighbors enjoining the Feuersteins from building a greenhouse on their property in violation of a restrictive covenant.

Barbara Beem, v. Robert Alan Beem
02A01-9511-CV-00252
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge George H. Brown, Jr.

Defendant-Appellant, Robert Alan Beem (“Husband”), appeals the judgment of the trial court ordering him to pay child support, alimony, and attorney’s fees to Plaintiff-Appellee, Barbara Beem (“Wife”).

Helen Bond Scofield, v. Stephen David Scofield
02A01-9512-CH-00276
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Joe G. Riley, Jr.

This case involves a petition for increase of child support. Petitioner, Stephen David Scofield (Father), appeals from the trial court’s order denying his petition to modify the parties’ final decree of divorce to increase child support payments by Respondent, Helen Bond Scofield 2 (Mother).

Kevin Ryan Mosley v. Tennessee Board of Paroles, et al.
01A01-9604-CH-00162
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

Kevin Mosley, a prisoner in the custody of the Department of Correction, was twice considered for parole. On each occasion the Parole Board declined to release him, citing as its reason the seriousness of his offense. Mr. Mosley filed a Petition for Certiorari with the Chancery Court of Davidson County, contending that he was entitled to a more definite statement of the Parole Board’s reasons. The prisoner also argued that the Board erred in failing to consider the results of a psychological study it had ordered. The Chancery Court dismissed the petition. We affirm the trial court.

Mary Alice Bolton Prince, v. St. Thomas Hospital, et al.
01A01-9604-CV-00184
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

This is an appeal by plaintiff/appellant, Mary Alice Bolton Prince, from the decision of the trial court granting the motions for summary judgment of defendants/appellees. The trial court based its decision on its finding that Mrs. Prince was fiftypercent or more at fault. The facts out of which this controversy arose are as follows.

Richard P. Rienholtz, v. Christine Bradley, Commissioner, Tennessee Department of Correction
01A01-9512-CH-00570
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Ellen Hobbs Lyle

Richard P. Rienholtz, an inmate in the Tennessee prison system petitioned the Chancery Court of Davidson County for a declaratory judgment arguing that the Department of Correction’s decision to extend his parole eligibility date for escape was illegal. The chancellor dismissed the petition and we affirm.

Susan Kay Pilger Riggs, v. James Landry Riggs
01A01-9601-CV-00007
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Muriel Robinson

The plaintiff/wife has appealed from the judgment of the Trial Court declaring the parties divorced pursuant to T.C.A. § 36-4-129, placing child custody in the wife and awarding child support. The issues on appeal relate only to support.

Martin Silva v. James A. Crossman, d/b/a Jim Crossman Realty - Concurring
01A01-9604-CH-00153
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Ellen Hobbs Lyle

This appeal involves a dispute as to the obligations of the parties under a lease agreement. The lessor of the premises, James A. Crossman,  terminated the lease after discovering that the lessee, Martin Silva, had experienced problems with violence and other criminal activities at the previous location of his nightclub. Silva filed a complaint in the Chancery Court for Davidson County seeking damages for breach of the lease contract. The trial court heard the case without a jury and awarded damages to Silva. Crossman has appealed and argues that the trial court erred in failing to find grounds for rescission of the lease and in awarding damages to Silva. For the reasons stated below, we affirm the judgment.