COURT OF APPEALS OPINIONS

Charles O. Mix and wife, Marilyn V. Mix, and Charles Alan Mix, v. Ray Miller and wife, Cleao Miller, Sandra Miller Scott, and Sherrell Mille Cole v. Ray Miller
02A01-9804-CH-00104
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor J. Walton West

The Mixes and the Millers are owners of adjacent pieces of real property. In this boundary line dispute, the trial court (1) determined the boundary line that divides the parties’ properties, (2) awarded damages to the Millers for certain timber that had been removed from the disputed property by the Mixes, (3) denied the parties’ motions to alter, modify, or amend its judgment or, in the alternative, for a new trial, (4) denied the Millers’ motion for discretionary costs, and (5) denied the Mixes’ motion to re-open the proof. For the reasons set forth below, we affirm in part, reverse in part, and remand the cause for further proceedings consistent with this opinion

Decatur Court of Appeals

Catherine Edmundson v. Jimmy C.Grisham, d/b/a Germantown Pest Control, Germantown Termite & Pest Conrol, Inc., et al., - Concurring
02A01-9810-CV-00298
Authoring Judge: Judge Farmer
Trial Court Judge: Judge Karen R. Williams

Defendants Jimmy C. Grisham, d/b/a Germantown Pest Control, Germantown Termite and Pest Control, Inc., and Christopher D. Alexander appeal the trial court’s judgment entered on a jury verdict in favor of  Plaintiff/Appellee Catherine Edmundson in the amount of $50,000. We  affirm the trial court’s judgment.

Shelby Court of Appeals

Steven Cobb v. Charles Wilson, et al.
02A01-9811-CV-00308
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Joseph H. Walker, III

Steven Cobb appeals from the dismissal of his pro se complaint against Charles Wilson, Evelyn Scallions, and Steve Vaughn. The complaint, filed pursuant to 42 U.S.C. § 1983, alleged violations of Cobb’s rights under the First, Eighth, and Fourteenth Amendments to the United States Constitution.

Lauderdale Court of Appeals

Kevin Kathleen Stacey v. Donald Ray Stacey
02A01-9802-CV-00050
Authoring Judge: Senior Judge F. Lloyd Tatum
Trial Court Judge: Judge D'Army Bailey

Donald Ray Stacey (Husband) appeals an order modifying the terms of the parties’ final decree of divorce. After almost twenty-eight years of marriage, the parties were divorced on July 6, 1995. The final decree was subsequently amended on July 14, 1995, to require Husband to pay attorney’s fees to Kevin Kathleen Stacey (Wife). Three children were born during the course of the marriage, but only one child, Zachary, was still a minor at the time of the couple’s divorce. Pursuant to the Amended Final Decree of Divorce (amended final decree), Wife was granted sole custody of the minor child with Husband having reasonable visitation. Husband was ordered to pay $1,300.00 in child support per month plus the Child Support Guidelines amount of 21% of his annual bonus up to a total gross income of $9,900.00 (bonus and base salary).

Shelby Court of Appeals

State of Tennessee, ex rel, William L. Gibbons, v. Sherrod Jackson, Robert Williams, Nathaniel Williams, Mike Williams, Shirley Blalock, and Steven Craig Cooper
02A01-9710-CH-00247
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Floyd Peete, Jr.

Sherrod Jackson, Robert Williams, Nathaniel Williams, Mike Williams, Shirley Blalock, and Steven Craig Cooper (collectively “Appellants”) appeal from the Chancery Court of Shelby County, which granted a temporary injunction, enjoining the Appellants from permitting “lap dancing” and from permitting employees or independent contractors from engaging in “lewd and obscene exhibition of genitals.”

Shelby Court of Appeals

Town of Huntsville, Tennessee, a Municipal Corporation of the State of Tennessee, and Stanlodge, LLC., v. William I. Duncan, Richard Smith, Luke Coffey, James R. Potter
E1999-01571-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor Billy Joe White

This litigation originated when the Town of Huntsville (“Huntsville”) and Stanlodge, LLC (“Stanlodge”), filed suit challenging the constitutionality of Chapter 1101 of the Public Acts of 1998. The plaintiffs specifically contest Section 9(f)(3)1 of Chapter 1101, which permits certain territoriesto hold incorporation elections even though these territories do not satisfy the minimum requirements for such elections as set forth in the general law. See T.C.A. § 6-1-201 (1998). On cross motions for summary judgment, the trial court granted summary judgment to the defendants, finding that Section 9(f)(3) is constitutional. Huntsville and Stanlodge appeal, raising   five issues:

Scott Court of Appeals

Eldridge vs. Eldridge
01A01-9808-CV-00451

Sumner Court of Appeals

Lattimer vs. TDOC
01A01-9804-CH-00200
Trial Court Judge: Carol McCoy

Davidson Court of Appeals

Wagner vs. Gaston
01A01-9804-CV-00215
Trial Court Judge: Patricia J. Cottrell

Sequatchie Court of Appeals

In re: The Adoption of female child, E.N.R.
01A01-9806-CH-00316
Trial Court Judge: Patricia J. Cottrell

Lawrence Court of Appeals

Hulshof vs. Hulshof
01A01-9806-CH-00339
Trial Court Judge: Patricia J. Cottrell

Marshall Court of Appeals

Sherlock vs. Kwik Sak, et al
01A01-9807-CV-00346
Trial Court Judge: Patricia J. Cottrell

Rutherford Court of Appeals

Nickelson vs. Sumner Co. Bd. of Ed.
01A01-9807-CV-00375
Trial Court Judge: Patricia J. Cottrell

Sumner Court of Appeals

Davis vs. Computer Maintenance Svc.
01A01-9809-CV-00459
Trial Court Judge: Walter C. Kurtz

Davidson Court of Appeals

Eldridge vs. Eldridge
01A01-9808-CV-00451
Trial Court Judge: Thomas Goodall

Sumner Court of Appeals

Haywood vs. Haywood
01A01-9808-CH-00442
Trial Court Judge: Patricia J. Cottrell

Maury Court of Appeals

Jo Ann Forman, Inc. et al vs. Nat'l Council on Compensation
01A01-9805-CH-00260
Trial Court Judge: Thomas A. Greer, Jr.

Marion Court of Appeals

Opryland Hotel vs. Millbrook Distribution Svcs.
01A01-9810-CH-00551
Trial Court Judge: Carol L. Mccoy

Davidson Court of Appeals

Drake vs. Manson, et al
01A01-9810-CV-00525
Trial Court Judge: Bobby H. Capers

Wilson Court of Appeals

01A01-9809-CH-00504
01A01-9809-CH-00504
Trial Court Judge: Carol L. Mccoy

Davidson Court of Appeals

Cumberland Bend Investors vs. Ambrose Printing
01A01-9810-CH-00543
Trial Court Judge: Irvin H. Kilcrease, Jr.

Davidson Court of Appeals

Turner vs. Campbell
01A01-9903-CH-00139
Trial Court Judge: Stella L. Hargrove

Wayne Court of Appeals

Taylor vs. Campbell
01A01-9812-CH-00638
Trial Court Judge: Carol L. Mccoy

Davidson Court of Appeals

State vs. Fred W. Kincaid, Jr.
03C01-9707-CR-00306
Trial Court Judge: D. Kelly Thomas, Jr.

Blount Court of Appeals

Zonge vs. Woodall
M1998-00800-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Thomas W. Brothers
Appellant, a pro se prisoner, brought this legal malpractice action against the appointed appellate counsel in his criminal case. Appellant argued that his conviction would have been reversed but for Appellee's failure to assert in his criminal appeal that the trial court committed reversible error by forcing Appellant to attend trial in prison garb. That argument was made in a supplemental brief filed by Appellant's new appellate counsel and was rejected by the Court of Criminal Appeals. The trial court in this malpractice action granted Appellee's motion for summary judgment. We affirm because Appellant has failed to establish a breach of the standard of care or that he was damaged by counsel's decision not to make an argument which was, in fact, made by new counsel and was unsuccessful.

Davidson Court of Appeals