Court of Appeals Opinions
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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 County | Court of Appeals | 10/25/95 | ||
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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 County | Court of Appeals | 10/25/95 | ||
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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 County | Court of Appeals | 10/25/95 | ||
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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 County | Court of Appeals | 10/25/95 | ||
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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 County | Court of Appeals | 10/25/95 | ||
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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 County | Court of Appeals | 10/25/95 | ||
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03A01-9506-CV-00209 Authoring Judge: Trial Court Judge: |
Court of Appeals | 10/24/95 | |||
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01A01-9505-CH-00189 Authoring Judge: Trial Court Judge: |
Court of Appeals | 10/23/95 | |||
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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 County | Court of Appeals | 10/21/95 | ||
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Duncan v. Crawford, Maryville, For The Appellant. 03A01-9507-PB-00230 Authoring Judge: Trial Court Judge: Inman |
Court of Appeals | 10/20/95 | |||
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03A01-9507-GS-00217 Authoring Judge: Trial Court Judge: Inman |
Court of Appeals | 10/20/95 | |||
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03A01-9505-CV-00143 Authoring Judge: Trial Court Judge: Inman |
Hamilton County | Court of Appeals | 10/20/95 | ||
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02A01-9405-CV-00114 Authoring Judge: Trial Court Judge: |
Court of Appeals | 10/20/95 |