COURT OF APPEALS OPINIONS

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Unicoi Court of Appeals

03A01-9503-CH-00110
03A01-9503-CH-00110

Hamilton Court of Appeals

03A01-9506-CH-00201
03A01-9506-CH-00201

Court of Appeals

Jimmy France, v. Christine Bradley, Commissioner of Department of Correction, Ned Ray McWherter, Governor of State of Tennessee, et al.
01A01-9508-CH-00335
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Robert S. Brandt

The captioned plaintiff has appealed from the judgment of the Trial Court dismissing his suit against the captioned defendants for a declaratory judgment and injunctive relief regarding the constitutionality of application of certain statutes to plaintiff and certain actions, practices and policies of the defendants.

Davidson Court of Appeals

Lessie Blankenship, v. Century Health Services, Inc.
01A01-9504-00137
Authoring Judge: Senior Judge Hewitt P. Tomlin
Trial Court Judge: Judge Lee Russell

Lessie Blankenship ("plaintiff") filed suit in the Circuit Court of Bedford County against Century Health Services, Inc. ("Century" or "defendant"), seeking damages for breach of a commercial lease. Following a bench trial, the court awarded plaintiff damages in the amount of $44,943.80 for rent due under the lease, costs incurred by plaintiff in seeking to relet the premises, and attorney fees in the amount of 15% of the amount of the judgment. On appeal, Century presents five issues for review: Whether the trial court erred (1) in finding that Century had assumed the lease between plaintiff and South Central Home Health, Inc. (?South Central”), the original lessee; (2) in concluding that Century had not properly terminated the lease; (3) in finding that plaintiff had properly mitigated her damages; (4) in awarding plaintiff damages for future rent under the lease; and (5) in awarding plaintiff attorney fees in the amount of 15% of plaintiff's judgment. For the reasons hereinafter stated, we affirm in part, reverse in part and remand.

Court of Appeals

Shasta Mead Morey, v. Leslie Charles Morey
01A01-9506-CV-00243
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Muriel Robinson

The defendant, Leslie Charles Morey, has appealed from the judgment of the Trial Court awarding to the plaintiff, Shasta Mead Morey, an absolute divorce, custody of a minor child, child support, a share of marital property, and $3,000.00 attorneys' fees.

Davidson Court of Appeals

Shelter Insurance Companies, v. Sherrie Marie Hann
01A01-9507-CH-00280
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge William B. Cain

The defendant, Sherrie Marie Hann, has appealed from a non-jury judgment in favor of the plaintiff, Shelter Insurance Companies for $5,000 paid to defendant by mistake. As indicated in the caption, this was a proceeding in Chancery Court.

Maury Court of Appeals

Rebecca Diane Turner (Turpin) v. Charles Daniel Turner -Concurring
01-A-01-9503-CV-00080
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Charles D. Haston

This appeal involves an acrimonious post-divorce dispute over child support and visitation. After their divorce in 1990, the mother filed several petitions in the Circuit Court for Warren County seeking to hold the father in contempt. The father also filed several petitions to modify his child support because of his inability to pay. This appeal involves the denial of the father’s latest petition for modification and the summary suspension of his visitation for not paying child support. We have determined that the evidence preponderates against the trial court’s conclusion that the circumstances with regard to the father’s income have not changed and that the father’s visitation should be suspended. Accordingly, we vacate the order dismissing the father’s petition and remand the case for further proceedings.

Warren Court of Appeals

02A01-9408-Ch-00199
02A01-9408-Ch-00199
Trial Court Judge: C. Neal Small

Shelby Court of Appeals

02A01-9409-CV-00222
02A01-9409-CV-00222
Trial Court Judge: Robert L. Childers

Shelby Court of Appeals

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Court of Appeals

02A01-9409-BC-00210
02A01-9409-BC-00210

Court of Appeals

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Court of Appeals

Shoney's, Inc. and Shoney's of Canada, Inc., v. Chic Can Enterprises, LTD., an Alberta Corporation, Chic Can Enterprises, an Alberta LTD Ptrshp, et al.
01A01-9506-CH-00278
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Robert S. Brandt

The plaintiffs, Shoney's Inc., and Shoney's of Canada, Inc., have appealed from the judgment of the Trial Court dismissing their suit against the defendants, Chic Can Enterprises, Ltd., Little Caesars Pizza of Alberta, Inc., and Gen Group, Incorporated for lack of personal jurisdiction of said defendants.

Davidson Court of Appeals

Chrystyna Anisia (Czyz) Reymann, v. Vincent Robert Reymann
01A01-9506-CV-00272
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge W. Thomas Goodall, Jr.

This is an appeal from a decree of divorce in which the issues presented on appeal by defendant-appellant are:
I. The Trial Court erred in reducing valuation of the wife's civil service retirement pension by hypothetical social security benefits.
II. The Trial Court erred in awarding the parties' marital interest in annuities to their adult daughter in trust.
The plaintiff-appellee presents a third issue as follows:
III. The Trial Court erred in failing to adjust the distribution between husband and wife to equalize the tax effect on any unrealized gain on stocks.

Sumner Court of Appeals

Benny E. Shope and wife, Betty S. Shope, v. Radio Shack, a division of Tandy Corporation, and Radio Shack, Inc., a corporation doing business in Bradley County, Tennessee
03A01-9508-CV-00288
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Earle G. Murphy

This is a premises liability action. The case was tried before a jury to the conclusion of the plaintiff's proof. At the conclusion of the plaintiff's proof, the defendants moved for a directed verdict which was granted. Judgment ws entered in favor of the defendants. This appeal resulted. We affirm the judgment of the trial court.

Court of Appeals

Benny R. Shope and wife, Betty S. Shope, v. Radio Shack, a division of Tandy Corporation, and Radio Shack, Inc. a corporation doing business in Bradley County, Tennessee
03A01-9508-CV-00288
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Earle G. Murphy

This is a premises liability action. The case was tried before a jury to the conclusion of the plaintiffs' proof. At the conclusion of the plaintiffs' proof, the defendants moved for a directed verdict which was granted. Judgment was entered in favor of the defendants. This appeal resulted. We affirm the judgment of the trial court.

 

Court of Appeals

Ardis Mobile Home Park, v. State of Tennessee
03A01-9505-BC-00157
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Commissioner Michael S. Lacy

This is an appeal from a decision of the Tennessee Claims Commission wherein the commissioner determined that the occurrences at issue constituted a taking of property by the State of Tennessee rather than a nuisance. The commissioner concluded that the exclusive remedy for a taking is an inverse condemnation action pursuant to T.C. A. § 29-16-123. Since actions predicated on inverse condemnation are outside the scope of the jurisdiction of the Claims Commission, the commissioner dismissed the claim. This appeal resulted. We reverse the judgment of the commissioner.

Court of Appeals

Frances Gregg Brickell and Edwina Ellis Coffey v. City of Friendsville
03A01-9505-CV-001159
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Dale W. Young

This is an extraordinary appeal in the most literal sense of the word. The appellant prevailed in the trial court, but nevertheless, as appealed claiming that the trial court erred in refusing to consolidate this action with another action relating to the same subject matter pending in the same court.

Court of Appeals

Calvin Edward Gallaher v. Dee ann Gallaher
03A01-9502-CH-00069
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Frank V. Williams, III

Dee Ann Curtis Gallaher appeals that portion of a divorce decree entered by the Chancery Court for Meigs County which granted her husband, Calvin Edward Gallaher, custody of their four-year old daughter.

 

Meigs Court of Appeals