COURT OF APPEALS OPINIONS

Terry LaClaire (Smith) Martin, v. Ray Willard Martin
01A01-9507-GS-00292
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Robert P. Hamilton

The General SessionsCourt of Wilson County granted the wife a divorce after a six month marriage. The court ordered the marital residence sold and the wife paid $2,000 for her attorney's fees and $10,000 to equalize her equity in the property. After the deductions, the balance of the equity was to be split evenly between the parties.

Wilson Court of Appeals

Nancy K. Wheeler Poyner, v. Alden Dennis Poyner
01A01-9503-CH-00116
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Leonard W. Martin

This is a divorce case in which the Wife appeals the trial court's division of marital property and the court's award of custody to the Husband.

Humphreys Court of Appeals

Marika Petra Vickers, v. Nicholas Scinta
01A01-9507-CH-00281
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Alex W. Darnell

This is a suit to register and enforce a foreign divorce decree. The only issue on appeal is the proper amount of the judgment for delinquent child support.

Montgomery Court of Appeals

Strings & Things, v. State Auto Insurance Companies
02A01-9408-CH-00195
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor Neal Small

This appeal involves a suit to recover on a policy of insurance covering employee dishonesty. Plaintiff, Strings & Things in Memphis, Inc., appeals from the judgment of the chancery court in a nonjury trial that dismissed its suit against defendant, State Auto Insurance Companies. The only issue on appeal is whether the evidence preponderates against the findings of the chancellor.

Shelby Court of Appeals

The Wright Jeweler's, Inc., v. Farmer's Fund Insurance Company, D/B/A The American Insurance Company
02A01-9409-CV-00202
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Janice M. Holder

This is a declaratory judgment action to determine coverage under aninsurance policy. Plaintiff, Wright Jewelers, Inc., appeals from the order of the trial court denying its motion for summary judgment and granting summary judgment to defendant, Firemen's Fund Insurance Company, d/b/a The American Insurance Company.

Court of Appeals

Daniel H. Caldwell v. Jimmy L. Fishburn and Brenda Fishburn - Concurring
03A01-9507-CH-00218
Authoring Judge: Judge Clifford E. Sanders
Trial Court Judge: Chancellor Chester S. Rainwater, Jr.

The Defendant, Brenda Fishburn, has appealed from an order denying her motion to set her counterclaim for trial. The motion was filed more than two years after an order had been entered dismissing the counterclaim and approximately 18 months after an agreed compromise decree had been  entered dismissing the claims of all parties to the litigation.

Sevier Court of Appeals

Nathaniel Lillard and wife Pelinda Lillard, v. Richard H. Pinckley and Courier Printing Co., Inc.
01A01-9506-CV-00268
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Barbara N. Haynes

This appeal involves the dismissal of a nine-year-old personal injury action stemming from a collision between a truck and an automobile that was part of a funeral procession. The driver of the automobile and his wife filed suit in the Circuit Court for Davidson County against the owner and driver of the truck. Following two non-suits, the plaintiffs filed their third complaint more than five years after taking their first non-suit. The trial court granted the defendants’ motion for summary judgment based on the statute of limitations. The plaintiffs assert on this appeal that the trial court’s decision is inconsistent with the “spirit” of the savings statute as recently construed by the Tennessee Supreme Court. We affirm the summary judgment and also find that this appeal is frivolous. Accordingly, we remand the case for the determination of damages for a frivolous appeal.

Davidson Court of Appeals

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