David K. Wachtel, Jr., v. Western Sizzlin Corporation, F/K/A Franchisee Acquisition Cororation, v. David K. Wachtel, Jr. and Restaurant Management Services, Inc.
01A01-9708-CH-00396
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This breach of contract case is before us on a Rule 54.02, Tenn. R. Civ. Proc. appeal. The only question for our decision is whether the trial court erred in granting the defendant’s motion for partial summary judgment on the plaintiff’s claim for certain consequential damages arising from the defendant’s breach of contract. We reverse the trial court.

In the matter of the estate of Mary Ardelle Gower, Deceased, v. Tyson Robertson, Bessie Lewis, Danny Boggell, Pat Henkel, and Marilyn Whitten
01A01-9710-CH-00605
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Robert L. Jones

Mary Ardelle Gower died on August 11, 1995 in Wayne County, Tennessee at the age of 73. Her will was offered for probate by William Steven Jones, the executor therein named and the sole beneficiary of the will.

William P. Williams, v. Wanda C. Williams
01A01-9711-CH-00679
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor C. K. Smith

This is a child support case. The Chancery Court of Wilson County set the mother’s obligation of support at $723.00 per month. The mother appeals and asserts that the evidence preponderates against the trial court’s finding. We affirm the judgment below.

In re: Jason Ryan Stephens, Pamela Renee Stephens, v. James Callaway
01A01-9801-JV-00043
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge David Loughry

This appeal involves a biological father's obligation to support his thirteen year old son.

Gretchen Hart, v. Ronald Rick Hart
01A01-9707-CV-00344
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Muriel Robinson

This is a post-divorce decree proceeding to adjust the amount of periodic alimony. The wife has appealed from the judgment of the Trial Court increasing the alimony from $1,000 per month to $1,350 per month.

James E. Collins v. Department of Correction
01A01-9709-CH-00558
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Ellen Hobbs Lyle

The captioned appellant is a prisoner in the punitive custody of the Tennessee Department of Correction. On February 19, 1997, he filed in the Trial Court a petition for declaratory judgment alleging that on November 16, 1996, he filed with the Department a petition for a declaratory order correcting an erroneous entry showing two life sentences which have been merged.

State of Tennessee on relation of Ervin Smith and Ervin Smith Individually, v. L. B. Franklin and Alex Richmond, Cit of Carthage, Tennessee, a municipal corporation, Mayor David Bowman
01A01-9710-CH-00546
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor C. K. Smith

The plaintiff, Ervin Smith, has appealed from the judgment of the Trial Court as to his rights in regard to an alleged public right-of-way on property adjoining plaintiff’s land.

W. Hudson Connery, Jr., et al., v. Columbia/HCA Healthcare Corporation, et al.
01A01-9709-CH-00529
Authoring Judge: Justice William C. Koch, Jr.
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

W. Huson Connery, Jr., et al. vs. Columbia/HCA Helathcare Corporation, et al. - Concurring
01A01-9709-CH-00529
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

Twenty former employees of “HealthTrust,” a ____________ sued  HealthTrust and its “successor in interest,” Columbia Health Care Corporation, to recover share of stock (or the value thereof) which they had  purchased with earned bonuses and for the value of shares of stock due some of the plaintiffs due them upon discharge. Two of the plaintiffs nonsuited, leaving eighteen.

W. Hudson Connery, Jr. et al., v. Columbia/HCA Healthcare Corporation, et al.
01A01-9709-CH-00529
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

Twenty former employees of “HealthTrust,” a ____________ sued HealthTrust and its “successor in interest,” Columbia Health Care Corporation, to recover share of stock (or the value thereof) which they had purchased with earned bonuses and for the value of shares of stock due some of the plaintiffs due them upon discharge. Two of the plaintiffs nonsuited, leaving eighteen.

Helen S. Rogers v. Thomas E. Watts, Jr., - Concurring
01A01-9603-CV-00120
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Thomas W. Brothers

This appeal involves another chapter in a lingering, acrimonious dispute between two Nashville lawyers stemming from a failed settlement of a case in federal court. After one of the lawyers abandoned his third-party complaint against the other lawyer for fraudulent misrepresentation, the other lawyer filed a malicious prosecution action in the Circuit Court for Davidson County. When the trial court dismissed the complaint on the ground that it was premature, the prevailing lawyer sought Tenn. R. Civ. P. 11 sanctions against the lawyer whose malicious prosecution claim had been dismissed. The trial court declined to grant sanctions, and the lawyer seeking sanctions has appealed. We have determined that the record supports the trial court’s decision not to award sanctions and, therefore, affirm the trial court’s decision.

Boiler Supply Company, Inc., v. Lunn Real Estate Investments
01A01-9605-CH-00246
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal involves a dispute over the interpretation of a provision allocating the responsibility for paying legal expenses in the event of a default or breach of two leases. The lessee filed suit against the lessor in the Chancery Court for Davidson County seeking a declaration that the leases had expired and requesting its attorney’s fees in accordance with the provisions of the lease agreements. The trial court granted the lessee’s motion for summary judgment and declared that the leases had expired but denied the lessee’s claim for legal expenses. The lessee has appealed. We have determined that the trial court correctly interpreted the lease agreements and, therefore, affirm the summary judgment.

James F. Cook, Jr., D/B/A Cook Properties, v. Consolidated Stores Corp., Belz Investco, L.P., Urco, Inc., Union Realty Co. LTD., and South Plaza Co.
01A01-9605-CH-00245
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Robert S. Brandt

This appeal involves a dispute over a real estate commission on four retail properties in Memphis. After a former client leased these properties, a real estate broker filed suit in the Chancery Court for Davidson County seeking a commission from its former client and the lessors of the four properties. The trial court granted the former client’s motion for summary judgment and, following a bench trial, dismissed the broker’s claims against the four lessors. On this appeal, the broker asserts that the trial court erred by granting his former client’s summary judgment motion and that the evidence preponderates against the trial court’s dismissal of his claims against the four lessors. We have determined that the trial court properly granted the summary judgment motion and that the evidence does not preponderate against the trial court’s judgment in favor of the four lessors.

William Michael Anderton v. Evelyn Adele Morgan Anderton
01A01-9701-CH-00013
Authoring Judge: Presiding Judge Henry F. Todd

Mr. Anderton has filed a Tenn. R. App. P. 39 petition for rehearing and a Tenn. R. App. P. 14 motion to consider post-judgment facts with regard to his actual gross income in 1996 and 1997. Ms. Anderton has filed a response to these motions. We have determined that Mr. Anderton’s motions should be granted.

State of Tennessee vs. James Gooch, a/k/a "Angie Foot"
01C01-9703-CR-00093
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Jane W. Wheatcraft

The defendant, James Allen Gooch, Sr., a/k/a “Angie Foot,” appeals as of right from his conviction upon a guilty plea in the Sumner County Criminal Court for the sale of under one-half gram of cocaine, a Class C felony. The defendant was charged with two counts of selling less than one-half gram of cocaine, possession of marijuana, and possession of drug paraphernalia. Pursuant to an agreement, the defendant entered a guilty plea to one count of selling less than one-half gram of cocaine, and the remaining charges were dismissed. The defendant was sentenced as a Range I, standard offender to five years in the custody of the Department of Correction. The trial court also imposed a two-thousand-dollar fine. The defendant contends that the trial court erred by failing to consider a sentence other than confinement by the Department
of Correction. We affirm the judgment of the trial court.

State of Tennessee vs. Edward Shane Rust
01C01-9707-CC-00258
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge John W. Rollins

The appellant, Edward Shane Rust, was indicted by a Coffee County Grand Jury for the offenses of arson of personal property and reckless endangerment. Following a jury trial, the appellant was found guilty of arson of personal property, a class E felony, and received a two year sentence in the Department of Correction. The appellant was found not guilty of reckless endangerment. In this appeal as of right, the appellant contends:

I. The evidence is insufficient to support a conviction for arson of personal property;
II. The sentence imposed by the trial court is excessive; and
III. The trial court should have granted an alternative sentence.

After a review of the evidence, we affirm the appellant’s conviction for arson of personal property.

State of Tennessee vs. Ronnie L. Ingram
02C01-9707-CR-00260
Authoring Judge: Judge John H. Peay
Trial Court Judge: Judge Joseph B. Dailey

The defendant was indicted, charged, and convicted of burglary and sentenced as a career offender to twelve years imprisonment. In this appeal as of right, the defendant argues the evidence was insufficient to support a conviction for burglary since the State failed to prove intent to commit theft. Finding no merit in the defendant’s argument, we affirm.

Shelley Sackett v. Hal Roseman
M2002-00587-COA-R9-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Muriel Robinson
This interlocutory appeal was brought to determine whether the trial court properly exercised subject matter jurisdiction pursuant to the Uniform Child Custody Joint Enforcement Act (UCCJEA).

Henry Collier vs. Methodist Hosp., et al
02A01-9607-CV-00165
Trial Court Judge: Dick Jerman, Jr.

State vs. Tanner
03C01-9703-CR-00101

State vs. Kestner
03C01-9611-CR-00390

01C01-9702-CR-
01C01-9702-CR-

State vs. Dominic Amari
01C01-9703-CR-00077

Guadalupe Mendez vs. State
01C01-9703-CC-00076
Trial Court Judge: James E. Walton

State vs. Elroy Kahanek
01C01-9707-CC-00298
Trial Court Judge: Donald P. Harris