APPELLATE COURT OPINIONS

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EI999-00286-COA-R3-CV

EI999-00286-COA-R3-CV
Court of Appeals 02/28/00
E1999-01033-COA-R3-CV

E1999-01033-COA-R3-CV
Court of Appeals 02/28/00
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 02/28/00
E1999-02128-COA-R3-CV

E1999-02128-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Washington County Court of Appeals 02/28/00
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Blount County Court of Appeals 02/28/00
Teresa Constantino/Lila Williams vs. Charlie/Glenda Williams

W1999-00229-COA-R3-CV
This case involves the interpretation of a deed. The granting clause of the deed created a life estate in the grantee, the ex-husband of the grantor, with a remainder to the three children of the grantee and grantor. However, the habendum clause retained a life estate in the grantor. The trial court decided that the grantor did not retain a life estate because any ambiguity in the deed should be construed strictly against the grantor. The grantor appealed to this Court. We reverse.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:W. Michael Maloan
Weakley County Court of Appeals 02/25/00
State of Tennessee, ex rel., Mickey Phillips, vs. Gwen Knox

E1999-00205-COA-R3-CV
Ralph E. Williams vs. Dept of Employment Security , Comm. Margaret Culpepper, and Chattanooga Area Regional Transportation Authority
Authoring Judge: Judge Charles D. Susano, Jr.
Anderson County Court of Appeals 02/25/00
Ralph E. Williams vs. Dept of Employment Security , Comm. Margaret Culpepper, and Chattanooga Area Regional Transportation Authority

E1999-01528-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Hamilton County Court of Appeals 02/25/00
Dorothy Tharp vs. Lenita Kay Tharp

E1999-00921-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Court of Appeals 02/25/00
Steve Myers vs. Danny Wilson & Elmo Mayes

E1998-00732-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Claiborne County Court of Appeals 02/24/00
Buford Knight vs. Greene County, TN & Alan D. Broyles

E1999-02445-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Greene County Court of Appeals 02/24/00
Bennie Faulkner vs. Homer Skelton

W1999-00621-COA-R3-CV
This is a personal injury and wrongful death case involving an automobile accident. The plaintiffs, husband and wife, suffered injuries, and the wife's mother, a passenger in the car, died as a result of the accident. The driver of the other car was a sixteen-year old boy. The plaintiffs sued the boy's grandfather, and various corporate entities that he owned, alleging that they were the true owners of the car and had let the boy drive it for family and business purposes, and also alleging negligent entrustment. The trial court granted summary judgment to the defendants. We affirm, finding the evidence insufficient to support claims under any of these theories.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Robert L. Childers
Shelby County Court of Appeals 02/24/00
Lee Greer vs. Maureen Zolfagharbik

W1999-01013-COA-R3-CV
This is a will contest case. The defendant/appellant challenges the validity of a mutual release she signed in which she waived any right she had to challenge the revocation of the decedent's will or to establish any rights under the decedent's will, in exchange for a release of any claims the estate may have had against her. The trial court found that the mutual release signed by the defendant/appellant effectively waived any claim she may have had to establish the validity of the decedent's will. We affirm, finding that the mutual release was an effective waiver of any rights the defendant/appellant had under the will or to challenge revocation of the will.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Ron E. Harmon
Henry County Court of Appeals 02/23/00
Donald James Alexander vs. Carolyn Paxton Alexander

E1998-00855-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Hamilton County Court of Appeals 02/22/00
In Re: Nikolas Dean Welch

M1999-02649-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Leonard W. Martin
Dickson County Court of Appeals 02/18/00
Stephens vs. Roane State Comm. College

M1998-00125-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Patricia J. Cottrell
Davidson County Court of Appeals 02/18/00
Ali vs. Professional Real Estate Developers, Inc.

M1999-00082-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 02/18/00
Valerie Humphreys vs. Stuart Breakstone

W1999-02502-COA-R3-CV
This is a legal malpractice action. The plaintiff is the majority shareholder of a corporation as well as a member of the corporation's board of directors. The defendant attorney and law firm represented the corporation. The plaintiff sued the defendant for professional malpractice, negligence, collusion, and interference in economic development, arising out of the defendant's representation of the corporation. The trial court held that the plaintiff did not have standing to bring a derivative suit in her own name since all of the alleged injuries were suffered by the corporation, not the plaintiff. We affirm, finding that a derivative suit to address injuries to a corporation must be filed in the name of the corporation, and that an individual shareholder may not sue pro se on behalf of the corporation.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:W. Michael Maloan
Shelby County Court of Appeals 02/18/00
Ross vs. Vanderbilt Univ. Medical Ctr.

M1999-02644-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Thomas W. Brothers
Davidson County Court of Appeals 02/18/00
Estate of Connie S. Bligh

M1999-02645-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Frank G. Clement, Jr.
Davidson County Court of Appeals 02/18/00
Charles Barnett vs. Justin Oliver

W1998-00837-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Larry J. Logan
Madison County Court of Appeals 02/17/00
Marilyn Powell vs. Brenda Moore

W1998-00001-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:D. J. Alissandratos
Shelby County Court of Appeals 02/17/00
In the Matter of Renee Valle

W1998-00617-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George E. Blancett
Shelby County Court of Appeals 02/17/00
M2002-00258-COA-R3-CV

M2002-00258-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 02/15/00
William Wyatt v. Board of Paroles

M1999-00472-COA-R3-CV
This appeal involves a dispute between a state prisoner and the Tennessee Board of Paroles over the Board's decision not to parole him in 1998. The Circuit Court for Davidson County dismissed the prisoner's petition for common-law writ of certiorari, and the prisoner perfected this appeal. While his appeal was pending, the prisoner was released from the Department of Correction after serving the two sentences for which he had been incarcerated. Accordingly, we have determined that this appeal is now moot because the prisoner has been released from custody. Therefore, we vacate the trial court's order and remand the case with directions to dismiss the prisoner's petition.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Soloman
Davidson County Court of Appeals 02/14/00