COURT OF APPEALS OPINIONS

C.A. Hobbs, Jr., Inc., v. David Brainard, Susan B. Reyes, and Carol B. Ham
01A01-9506-CV-00236
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge James E. Walton

This is an appeal by defendants/appellants from the trial court's order granting plaintiff/appellee's motion for summary judgment and the resulting judgment entered in favor of plaintiff/appellee, C.A. Hobbs, Jr., Inc. ("Hobbs").

Montgomery Court of Appeals

Joseph F. Mansfield, v. Deborah Ann Wills Mansfield
01A01-9412-CH-00587
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Henry Denmark Bell

This appeal involves a divorce that ended a brief, unhappy marriage. Both the husband and the wife sought a divorce in the Chancery Court for Williamson County. The trial court, sitting without a jury, declared the parties divorced and directed the husband to pay certain pre-divorce debts and to continue making pendente lite support payments until the wife received her share of the increase in the parties’ net worth during the marriage. The trial court later ordered the husband to pay the wife an additional $4,405 for the legal expenses she incurred to compel compliance with her discovery requests. The husband insists on this appeal that the trial court should not have required him to assume the debts the wife incurred prior to the divorce or to pay the wife’s discovery-related legal expenses. We have determined that the evidence supports the trial court’s decision on both issues and, therefore, affirm the judgment

Williamson Court of Appeals

Jerry Collins D/B/A Westside Equipment Company, Inc. v. Greene County Bank
03A01-9507-CH-00216
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge Dennis H. Inman

In this dispute between plaintiff borrower and defendant lender, the Trial Court entered summary judgment for the defendant and plaintiff has appealed.

 

Greene Court of Appeals

James William Miller, Jr., v. Sherry Prentice-Miller
01A01-9505-CH-00225
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge James E. Walton

In this divorce case the appellant attacks a divorce decree entered nunc pro tunc and also raises issues relating to the property division, alimony, and attorney's fees. The appellee attacks the court's division of property in accordance with an antenuptial agreement. We affirm.

Montgomery Court of Appeals

Kathy L. Russell and William A. Russell v. The City of Lawrenceburg
01A01-9505-CV-00200
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge James L. Weatherford

Defendant, City of Lawrenceburg, has appealed from the trial court's finding that the proximate cause of the accident in which plaintiffs suffered injuries and damages was the negligence of the City of Lawrenceburg's agent and employee, Officer George L. Barturen.

Lawrence Court of Appeals

State of Tennessee, Upon Relation of Lloyd R. Adams, Murphy W. Ralston, and W.C. Tallant, v. City of Murfeesboro, Tennessee
01A01-9404-CH-00195
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Robert E. Corlew, III

This is a suit to invalidate an annexation ordinance of the City of Murfreesboro. The plaintiff appealed from the dismissal of his suit, although neither party questioned the adequacy of the description of the land to be annexed. On October 26, 1994, this Court filed an opinion pointing out the infirmities of the ordinance and remanded to allow such infirmities to be remedied.

Rutherford Court of Appeals

Davis Group (MC), Inc., v. The Metropolitan Government of Nashville and Davidson County, and The Metropolitan Planning Commission
01A01-9501-CH-00010
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor C. Allen High

This is a proceeding for judicial review of the action of the Metropolitan Council, the elected legislative body of the Metropolitan Government of Nashville and Davidson County, Tennessee, in refusing to concur in the action of the Metropolitan Planning Commission approving a "Planned Unit Development." The Trial Court reversed the action, and the City filed notice of its "intention to appeal" which, in the absence of challenge, will be treated as a notice of appeal.

Davidson Court of Appeals

Net Realty Holding Trust, v. James D. Maggart and Dorothy Maggart
01A01-9503-CH-00085
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor C. Allen High

Net Realty Holding Trust ("NET") the owners of commercial property in Hermitage, Tennessee, brought an action to collect rent after the tenants, James and Dorothy Maggart, (doing business as "The Video Place") surrendered the premises. The Davidson County Chancery Court held that NET was estopped from collecting rent through the end of the lease term.

Davidson Court of Appeals

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Hamilton Court of Appeals

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Campbell Court of Appeals

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Court of Appeals

Dempel Earps, v. Irene S. Earps, Ronnie Earps, and Greg Earps
01A01-9505-CH-00206
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor C. K. Smith

The plaintiff in the trial court claimed title to a disputed area of land by adverse possession. The chancellor found that the disputed property was not within the calls of the plaintiff's deed and that the plaintiff had failed to establish a prescriptive title by twenty years of adverse possession. We affirm.

Macon Court of Appeals

CNL Insurance vs. Smith
M1999-00198-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Charles D. Haston, Sr.

Warren Court of Appeals

Walter Lee Steele and Jennie Brown, Individually and as Next-of-Kin of or Guardian of Melvin Lee Steele, Deceased, v. Tennessee Jaycees, Inc., et al.
01A01-9505-CH-00214
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor C. Allen High

The Chancery Court of Davidson County granted summary judgment to the Tennessee Jaycees and the other appellees, on the ground that the statute of limitations had passed prior to the filing of the appellants' wrongful death complaint against them. Because we do not find that the discovery rule tolls the statute of limitations under the circumstances of this case, we affirm the trial court.

Davidson Court of Appeals

Stones River Utilities, Inc., v. Metropoltian Government of Nashville, Davidison County, Tennessee, et al. - Concurring
01-A-01-9505-CH-00217
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Robert S. Brandt

This is a contract dispute in which the chancellor found that the uncontradicted proof showed that the plaintiff had no cause of action for the acts alleged in the complaint. We reverse on the single ground of estoppel and remand for further proceedings on that issue alone.

Davidson Court of Appeals

Gloria Keene and husband, Edward Keene, v. Cracker Barrel Old Country Store, Inc.
01A01-9505-CV-00211
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Barbara N. Haynes

This is an appeal by plaintiffs/appellants, Gloria and Edward Keene, from the trial court's order granting partial summary judgment to defendant/appellee, Cracker Barrel Old Country Store, Inc. ("Cracker Barrel").

Davidson Court of Appeals

William Barry Martin, v. Marny Anne Martin
01A01-9505-CV-00222
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Muriel Robinson

In this divorce case, the defendant/wife has appealed from that portion of the divorce decree which granted to the plaintiff/husband sole custody of the daughter of the parties, aged 4 1/2 years at the time of judgment, 5 years at the present time.

Davidson Court of Appeals

William Wayne Bray, v. Wanda Lee Jones Bray
01A01-9506-CV-00228
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge John A. Turnbull

In this case the husband has appealed the trial judge's award of $14,750 to the wife as her share of the marital property. The trial judge made the following findings: that the husband's property had increased in value during the marriage in the amount, when added to the value of some property acquired by the parties, of $34,000; that the cattle acquired by the parties had a negative value of $4,500, leaving a net value of $29,500; that the wife had made a contribution to the preservation and appreciation of the property; that the wife had a greater need than the husband; and that the husband had a greater ability to produce income in the future. Taking the net increase in the marital estate of $29,500 the trial judge then awarded half of it to the wife.

Clay Court of Appeals

Tammy R. Ganzevoort, v. Richard B. Russell, Martha T. Russell, and Jim Cassetty, D/B/A Cassetty Realty
01A01-9502-CV-00038
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Thomas Goodall

The Circuit Court of Sumner County awarded the purchaser of a home a judgment against the sellers and their real estate agent, for deceptive practices as defined in the Tennessee Consumer Protection Act. Because we find that the evidence preponderates against a finding that the plaintiff suffered any ascertainable harm from a deceptive act, we reverse.

Sumner Court of Appeals

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Court of Appeals

Michael Cantrell v. Walker Die Casting
M2001-00693-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Lee Russell
This case involves a denial of medical benefits for injuries sustained in an automobile accident. The Appellee was covered under an employee benefit plan which falls within the purview of the Employee Retirement Income Security Act of 1974 (ERISA). The trial court granted summary judgment for the Appellee as to the Appellant's liability for payment of the expenses resulting from the accident. We reverse the decision of the trial court, finding Appellee's failure to exhaust his administrative remedies prior to filing suit fatal to his cause.

Marshall Court of Appeals