COURT OF APPEALS OPINIONS

Bales vs. Snyder
03A01-9710-CH-00496

Farrow vs. Ogle
03A01-9711-CV-00501

Lambert vs. Invacare
03A01-9802-CV-00071

Britton vs. Britton
03A01-9804-CV-00143

Revels vs. Revels
03A01-9803-CV-00104

Karen Davis vs. Herbert Smallwood
02A01-9706-CH-00131
Trial Court Judge: Joe C. Morris

Margaret Engman vs. Vista Mutual Funds
02A01-9706-PB-00132
Trial Court Judge: Walter Baker Harris

Odom vs. City of Chattanooga
03A01-9710-CV-00480

Ragon vs. O'Charley's
03A01-9711-CH-00499

Henry vs. Nova
03A01-9804-CH-00121

Frazier vs. Cocke
03A01-9804-CV-00128

Tanya Tucker, et al vs. Capitol Records, Inc.
M2000-01765-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Irvin H. Kilcrease, Jr.

Wachtel vs. Western Sizzlin Corp.
01A01-9708-CH-00396
Trial Court Judge: Ben H. Cantrell

Williamson Co. Broadcasting vs. Intermedia Partners
01A01-9709-CH-00480
Trial Court Judge: Carol L. Mccoy

Tipton vs. Burr & Blue Ridge Drilling
01A01-9707-CH-00363
Trial Court Judge: Billy Joe White

West vs. Luna
01A01-9707-CH-00281
Trial Court Judge: Tyrus H. Cobb

Planned Parenthood Association vs. McWherter
01A01-9601-CV-00052
Trial Court Judge: Henry F. Todd

Linda L. Mires v. David Clay and Bill Hayes, et al.
02A01-9707-CV-00172
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Bill Acree

This case involves the violation of the Tennessee Consumer Protection Act (TCPA) in connection with a breach of a residential construction contract. Defendant, Bill Hayes, appeals the judgment of the trial court on a jury verdict awarding plaintiff, Linda Mires, $5,000.00 for 1Rufus and Linda Mires filed the original suit in April 1995 but took a voluntary nonsuit. Mr. Mires died after the suit was refiled, so Mrs. Mires amended the complaint to list herself as plaintiff, individually, and as the executrix of the estate of Rufus Mires. Since Mr. Mires was alive throughout the events that precipitated this suit, we use the plural “plaintiffs” throughout this opinion. 2 violation of TCPA and the trial court’s order awarding plaintiff $5,907.50 in attorney fees and expenses.

Ancro Finance vs. Consumers Ins.
02A01-9708-CV-00177
Trial Court Judge: Robert L. Childers

Bradford/Jacqueline Roberts vs. City of Memphis
02A01-9806-CV-00155
Trial Court Judge: D'Army Bailey

Wanda C. Tate, v. Sally Seivers and Carole Mitchell, L'Argent Inc., v., Wanda C. Tate
03A01-9710-CV-00459
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Wheeler A. Rosenbalm

This is an action on a promissory note. In 1993, plaintiff, Wanda Tate, sold her women's clothing store to the defendants, Sally Seivers and Carole Mitchell and their corporatin, L'Argent, Inc. (collectively "buyers"). Several months after the sale, the buyers, dissatisfied with some of the inventory sold to them, tendered less than the full payment amount called for by the promissor note they had signed in partial consideration for the sale. Tate rejected the partial payment and sued for recovery of the full amount due under the terms of the note. The buyers argued tha Tate had made material misrepresentations regarding some of the the inventory, resulting in the value of the inventory they purchased being substantially less than anticipated at the time of the sale.

Anna Lee Crisp, v. Irville C. Boring and wife, Wanda Sue Boring
03A01-9711-CV-00527
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge W. Dale Young

This is a boundary dispute. The plaintiff alleges that the location of the boundary line between her property and the adjoining land of the defendants is shown by a survey made by Sterling Engineering, Inc.

Phillip W. Twitty and Alice F. Twitty v. Young v. Kenton, Young, and Roy Edward Brown and Volunteer Realty Company of Knoxville, Inc.
03A01-9801-CH-00031
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Frederick D. McDonald

On October 26, 1993, plaintiffs purchased an new residence in Oak Ridge from the defendants. Thereafter, the unfinished basement of the residence flooded on several occasions after heavy rainfall.

Yvette Porter Caira v. Ronald Stephen Caira
01A01-9709-CH-00508
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Carol A. Catalano

This case is before us on appeal from the trial court’s decree of divorce and grant of child custody and support to the Appellee, Ronald Steven Caira. In bringing this appeal, Appellant raises two issues for consideration. 1. Whether the trial court erred in failing to award primary custody of the minor children of this marriage with Defendant/Appellee. 2. Whether the trial court made an equitable property distribution of the debts, assets and retirement proceeds of this marriage.

Tracy Renee Miglin v. Daniel Walter Miglin - Concurring
01-A-01-9707-CH-00362
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Jim T. Hamilton

The husband in this divorce case challenged almost every aspect of the trial court’s orders, including child custody, alimony, the division of marital property and the terms of an injunction imposed to prevent him from interfering with the wife’s authority over the children. We modify the injunction because we believe that its provisions are overbroad. In all other respects, we affirm the trial court.