COURT OF APPEALS OPINIONS

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Trial Court Judge: Thomas W. Brothers

01A01-9502-CV-00045
01A01-9502-CV-00045
Trial Court Judge: Vernon Neal

Byrd v. Hall, (Tenn.1995), 847 Sw2D, 213, "A Conclusory Assertion That The Non-Moving
01A01-9502-CV-00045

02A01-9409-CH-00221
02A01-9409-CH-00221

02A01-9504-CV-00089
02A01-9504-CV-00089
Trial Court Judge: Robert A. Lanier

02A01-9506-CH-00138
02A01-9506-CH-00138
Trial Court Judge: Floyd Peete, Jr.

02A01-9507-JV-00155
02A01-9507-JV-00155
Trial Court Judge: Kenneth A. Turner

02A01-9511-CH-00259
02A01-9511-CH-00259
Trial Court Judge: C. Neal Small

Scott McCluen v. The Roane County Times, Inc., D/B/A The Standard and Gerald Largen
03A01-9512-CV-00434
Authoring Judge: Presiding Judge Houston P. Goddard
Trial Court Judge: Judge John B. Hagler

This is a suit by Scott McCluen, County Attorney for Roane County, against The Roane County Times, Inc., D/B/A The Standard, and its owner and publisher Gerald Largen, seeking damages for libel incident to two separate publications in The Standard.

State of Tennessee v. Chris Ramey - Concurring
03C01-9509-CC-00285
Authoring Judge: Judge Paul G. Summers
Trial Court Judge: Judge Rex Henry Ogle

I agree that the trial court's judgment should be affirmed. I join in Judge Tipton's concurring opinion because I believe that this record is adequate for our full appellate review. I am of the opinion that the procedures outlined in State v. Winsett, 882 S.W.2d 806 (Tenn. Crim. App. 1993) have been followed.

Linda Ann Carlton, v. James Thomas Carlton
02A01-9503-CH-00050
Authoring Judge: Senior Judge Tomlin
Trial Court Judge: Judge George R. Ellis

This current litigation is what we shall call economic fallout from an earlier domestic relations case. Linda Ann Carlton (“plaintiff”) filed suit for divorce in 1990 from James Thomas Carlton (“defendant”) in the Chancery Court of Haywood County. In October 1991, the chancellor granted plaintiff a divorce from defendant on the grounds of cruel and inhuman treatment, awarded joint custody of the parties’ 28 year-old handicapped daughter, Donna, with the principal place of residence with plaintiff, divided the parties’ marital property, and awarded rehabilitative alimony and attorney’s fees to plaintiff. Defendant appealed to this court. The primary issues presented on appeal related to the custody of the parties’ daughter, the division of marital property, and the award of rehabilitative alimony and attorney’s fees to plaintiff. The record reflects that the marital property was valued in excess of two million dollars ($2,000,000), with defendant and plaintiff receiving slightly over one million dollars ($1,000,000) each as a result of the chancellor’s decree.

James E. Simons, and wife Margaret B. Simons, v. Herbert H. Replogle, Jr.
02A01-9512-CH-00272
Authoring Judge: Senior Judge Hewitt P. Tomlin
Trial Court Judge: Chancellor Joe C. Morris

James E. Simons and Margaret B. Simons (“plaintiffs”) filed suit in the Chancery Court of Madison County against Herbert H. Replogle, Jr. (“defendant”) for the purpose of establishing a common boundary line between the parties. Following a bench trial the chancellor established the parties’ common boundary line based on the calls in defendant’s deed. On appeal plaintiffs have presented one issue for our review: whether the evidence preponderates against the chancellor’s finding. In our opinion, the chancellor did err and we accordingly reverse.

James R. Tully, Jr., v. USA Wireless, Inc., PMT Investments, Inc., and Patrick M. Thompson, in both his individual and corporate capacity
01A01-9601-CH-00031
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

The issues in this appeal are (1) whether the chancellor erred in granting a judgment against a corporation for back wages, (2) whether the chancellor should have pierced the corporate veil and granted a judgment against the corporation’s principal shareholder and (3) whether the court erred in dismissing the fraud claims against the principal shareholder. We affirm the chancellor’s decision in part and reverse on the fraud claims made directly against the principal shareholder.

Patricia Gobel v. Estate of Rupert Newman, Deceased
01A01-9601-PB-00040
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Bill Baird Griffith

The Probate Court of Putnam County dismissed a claim against the estate of Rupert O. Newman because the claimant lacked standing to make the claim. We affirm.

Comprehensive Engineering Assistance Association, Inc., v. State of Tennessee, Department of Labor and Al Bodie, Commissioner of the Department of Labor, in his official capacity
01A01-9602-CH-00055
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Christina Norris Pro Tempore

The captioned plaintiff has appealed from an order of the Trial Court reading as follows: This matter came to be heard on June 2, 1995, upon the motion to dismiss filed on behalf of the defendants, Tennessee Department of Labor and Al Bodie, Commissioner of the Tennessee Department of Labor. Upon consideration of the pleadings filed and the argument of counsel, the Court finds that this matter should be dismissed on the basis that the Court lacks jurisdiction as the petition for judicial review was not filed within sixty days of the final agency action as required by T.C.A. §4-5-322. Therefore, it is hereby ORDERED that the defendants’ motion to dismiss is GRANTED. Costs shall be taxed to the petitioner. On appeal, plaintiff presents a single issue as follows: Did the Chancery Court err in dismissing this matter for lack of jurisdiction on the basis that the complaint was not timely filed?

Evelyn June Thomason, v. The Metropolitan Government of Nashville and Davison County
01A01-9602-CV-00067
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Barbara N. Haynes

The plaintiff, Evelyn June Thomason, has appealed from a summary judgment
dismissing her suit against the defendant, Metropolitan Government of Nashville and
Davidson County, Tennessee, for personal injuries sustained in a fall on the premises of the
Lentz Health Center, a facility owned and managed by the defendant.

Robert Dale Cobb v. Douglas R. Beier - Concurring
03A01-9602-CV-00051
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Judge John K. Wilson

The determinative issue on appeal is whether the appeal should be dismissed because the appellant did not file notice of the appeal with the clerk of the appellate court designated in the notice of appeal.

Robert Dale Cobb, v. Douglas R. Beier - Dissenting
03A01-9602-CV-00051
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge John K. Wilson

While I concede tha the majority opinion is technically correct and the reasoning employed comports with previous case law, I observe that this Court, or at least this member of this Court, has routinely overruled such motions when the only defect as to the serviceof thenotice of appeal is failure to file a copy with the Clerk of this Court.

Ernest White Patton, III, v. Linda Harvey Patton
03A01-9601-CH-00001
Authoring Judge: Presiding Judge Herschel Pickens Franks
Trial Court Judge: Chancellor R. Van Owens

In this divorce action, the husband appeals from the Trial Court's determination of the classificatin of property as marital property and the division of the marital estate.

Robert Dale Cobb, v. Douglas R. Beier
03A01-9602-CV-00051
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge John K. Wilson

The determinative issue on appeal is whether the appeals should be dismissed because the appellant did not file notice of the appeal with the clerk of the appellant court designated in the notice of appeal.

State of Tennessee, v. Daniel G. Hampton
03C01-9503-CR-00107
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Judge Lynn W. Brown

The appellant, Daniel G. Hampton, was convicted of driving under the influence, second offense, a Class A misdemeanor, two counts of driving on a revoked license, Class B misdemeanors, and violation of the implied consent law by a jury of his peers. The trial court sentenced the appellant to eleven months and twenty-nine days in the Carter County Jail with all but seventy days suspended for the driving under the influence, second offense; six months suspended in the Carter County Jail for driving on a revoked license on April 9, 1994 which was ordered to run concurrently with the other sentences; and six months in the Carter County Jail with all but twenty days suspended for driving on a revoked license on April 1, 1994 which was ordered to run consecutively to the driving under the influence, second offense conviction.

Daniel B. Taylor v. State of Tenneessee - Concurring
02A01-9508-BC-00229
Authoring Judge: Judge Hewitt P. Tomlin, Jr.
Trial Court Judge: Judge Martha Brasfield

Daniel P. Taylor (“claimant”) filed this suit against the State of Tennessee (?defendant” or “State”) in the Tennessee Claims Commission for damages he allegedly sustained due to the malpractice of his court- appointed attorney. The Claims Commission granted defendant’s motion to dismiss for lack of subject matter jurisdiction. The sole issue presented by this appeal is whether the commissioner erred in so doing. We find no error and affirm.

In Re the Estate of Howard D. Smith, Deceased, Shaun Murray, v. Jennie C. Smith, Individually and as Conservator for Howard D. Smith and Western Surety Co., Manufacturer
02A01-9503-CH-00055
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor George R. Ellis

This case involves an alleged breach of fiduciary duty by the conservator of an estate. After a bench trial, the trial court held that the plaintiff had failed to prove a breach of fiduciary duty. We find that the trial court misapplied the burden of proof and reverse the trial court’s decision.

01A01-9510-CH-00486
01A01-9510-CH-00486
Trial Court Judge: Don R. Ash

01A01-9510-CV-00462
01A01-9510-CV-00462
Trial Court Judge: Marietta M. Shipley