APPELLATE COURT OPINIONS

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Billy Wesson and Diane Wesson v. Woodworks, Inc. v. Larry Cupples, D/B/A Construction Company

02A01-9808-CV-00225

Defendant Woodworks, Inc., appeals the circuit court’s final judgment in the amount
of $8288 which was entered in favor of Plaintiffs/Appellees Billy and Diane Wesson. We reverse
the circuit court’s judgment based upon our conclusion that the court erred in directing a verdict in
favor of Defendant/Appellee Larry Cupples, d/b/a Cupples Construction Company, and we remand
for a new trial.

Authoring Judge: Judge David R. Farmer
Madison County Court of Appeals 04/06/99
In Re: Estate of J.B. Warren, Deceased

02A01-9806-CH-00156

Respondent Anita W. Goode LeCornu (Respondent) appeals the trial court’s judgment admitting to probate the will of J. B. Warren, Jr. (Testator). We vacate the trial court’s judgment based upon our conclusion that the court erred in ruling that the Testator did not effectively revoke one of the will’s provisions.

Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor George R. Ellis
Haywood County Court of Appeals 04/06/99
Estate of Carlisa Toney. a minor, by next friend, parent and guardian, Vernioca M. Toney, Individually, v. Bill Cunningham, Mrs. Bill (Ardia) Cunningham, Percy L. Ward and Mrs. Percy L. (Mary) Ward

02A01-9801-CV-00005

In this wrongful death action, the trial court granted a motion to quash process and dismiss complaint filed by Defendants Percy and Mary Ward. Additionally, the trial court granted a motion for summary judgment filed by Defendants Bill and Ardia Cunningham. Plaintiff Veronica Toney appeals the ruling of the trial court regarding the motion to quash process and dismiss complaint as well as the motion for summary judgment. For the reasons set forth below, we affirm the judgment of the trial court.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge George H. Brown, Jr.
Shelby County Court of Appeals 04/06/99
Myranda Brown, a minor, Candy Brown, a minor, and Sherry Mills, Individually and as Parent and Next Friend of Myranda Brown and Candy Brown v. Jessica M. Chesor and Lisha D. Oaks

02A01-9806-CV-00174

This appeal involves a suit for personal injuries and property damage resulting from an automobile accident. Plaintiffs-appellants, Myranda Brown (Brown), Candy Brown (Candy) and Sherri Mills (Mills) appeal the judgment on the jury verdict that awarded plaintiff Mills $922.00 in damages and awarded no damages for plaintiffs Myranda and Candy against defendants, Jessica Chessor (Jessica) and Lisha D. Oaks (Oaks).

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Jon Kerry Blackwood
Hardeman County Court of Appeals 04/06/99
Brenda Kaye Thomas v. Johnny Wayne Thomas

02A01-9711-CH-00292

This appeal involves a petition to modify an award of alimony. Appellant, Johnny Wayne Thomas (Husband), appeals the order of the trial court denying Husband’s petition to modify by deletion an award of alimony in futuro awarded to Appellee, Brenda Kaye Thomas (Wife).

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge J. Steven Stafford
Lake County Court of Appeals 04/06/99
Ray Darris Thompson v. Betty Hammond, et al. - Concurring

02A01-9808-CV-00221

Plaintiff Ray Darris Thompson appeals the trial court’s final order entering summary judgment in favor of Defendants/Appellees Betty Hammond, Vernon Brown, June Wesson, Bruce MacDonald, and Christine Bradley.  We reverse the trial court’s judgment based on our conclusion that the trial court erred in granting the Defendants’ motion for summary judgment  without considering Thompson’s motion to compel discovery.

Authoring Judge: Judge Farmer
Originating Judge:Judge Robert L. Childers
Shelby County Court of Appeals 04/06/99
Greg Townshend v. Erin Blanding Bingham

02A01-9801-CV-00019

This appeal involves a petition to modify child custody. Respondent-Appellant, Erin Blanding Bingham (Mother), appeals from the order of the trial court granting the petition to modify custody filed by Petitioner-Appellee, Thomas Gregory Townshend (Father).

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge D'Army Bailey
Shelby County Court of Appeals 04/06/99
Hite vs. Glazer Steel

03A01-9808-CV-00256
Court of Appeals 04/01/99
Lois Winbush vs. Thomas Winbush

02A01-9809-CH-00248

Originating Judge:Joe C. Morris
Chester County Court of Appeals 03/31/99
01A01-9807-CH-352

01A01-9807-CH-352
Court of Appeals 03/31/99
Jaco vs. Dept. of Health, Bureau of Medicaid

01A01-9806-CH-00324

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 03/31/99
Fideltity and Casualty Company of New York, v. Gregory Entertainment, Inc.

01-A-0-9804-CH00203

The primary issue in this case is whether the trial court should have granted Plaintiff's motion to amend its complaint to correct deficiencies that were raised by Defendant in a motion for judgment on the pleadings. Plaintiff disputes that the Complaint is deficient, but requested to be allowed to amend the Complaint by attaching discoverable documents that would have been introduced at trisl. We are of the opinion that leave to amend should have been granted.

 

Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Judge Henry Denmark Bell
Williamson County Court of Appeals 03/31/99
B&H Investments, Inc., v. James W. Brooks

W1999-01252-COA-R3-CV

This appeal arises from a dispute regarding whether Plaintiff B& H was entitled to a deficiency judgment following a foreclosure sale of Defendants' property. Despite Defendant Brooks' counter-claim of fraud in the sale, the court found that Plaintiff was entitled to a deficiency judgment. Defendant Brooks' motion for new trial or for an amendment of the findings of fact was denied. Brooks appeals this denial.

Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Chancellor Joe C. Morris
Madison County Court of Appeals 03/31/99
Joann Mooney vs. Joe Sneed

02A01-9709-CV-00210

Originating Judge:D'Army Bailey
Shelby County Court of Appeals 03/31/99
Helson vs. Cyrus

01A01-9809-CH-00507

Originating Judge:Cornelia A. Clark
Williamson County Court of Appeals 03/29/99
Ramsey vs. Ramsey

01A01-9805-CH-00262

Originating Judge:Allen W. Wallace
Dickson County Court of Appeals 03/29/99
Reid vs. Lutche, et al

01A01-9803-CH-00168

Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 03/29/99
Carrie Pinson vs. Michael Tata

02A01-9804-CV-00115

Originating Judge:James E. Swearengen
Shelby County Court of Appeals 03/29/99
Citizen's Tri-County Bank vs. Georgia Mutual Ins. Co.

01A01-9805-CV-00259

Originating Judge:Buddy D. Perry
Grundy County Court of Appeals 03/29/99
Blevins vs. Blevins

01A01-9712-CH-00738
Court of Appeals 03/29/99
Pigg vs. Casteel, et al

01A01-9807-CH-00384

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 03/29/99
Patricia Reed vs. Alamo Rent-a-Car

02A01-9802-CV-00032

Originating Judge:Kay S. Robilio
Shelby County Court of Appeals 03/26/99
Frederic R. Harris, Inc., v The Metropolitan Government of Nashville, and Davidson County

A1-A-01-9803-CH00130

Frederic R. Harris, Inc., (FRH), formerly PRC Engineering, Inc., entered into a contract with the Metroolitan Government of Nashville and Davidson County (Metro), whereby FRH agreed to provide computer design services to Metro on a cost-plus-fee basis.  FRH promised to provide engineering services for the design an implementation of a Computerized Traffic signal system for Metro.

Authoring Judge: Judge William B. Cain
Originating Judge:Chancellor Carol L. McCoy
Davidson County Court of Appeals 03/25/99
Sturdivant vs. Sturdivant

01A01-9804-CH-00198

Originating Judge:Henry Denmark Bell
Court of Appeals 03/25/99
Mary Ann Quinn v. Gregory M. Quinn - Concurring

02A01-9803-CH-2R.D.

Mary Ann Quinn(“Wife” or “Appellant”) appeals the judgment of the trial court whichordered Gregory M. Quinn (“Husband” or “Appellee”) to pay for the parties’ minor child’s private school tuition in monthly increments designated as alimony; ordered Husband to pay a portion of Wife’s attorney fees; and classified the following property of the parties: 1. Amer. Express IDS Flexible Annuity Account ($58,775) Husband 2. Charles Schwab Account ($54,190) Husband 3. Residence at 2368 Circle ($100,000) 40% Husband/60% Marital

Authoring Judge: Presiding Judge Frank Crawford
Originating Judge:Chancellor Floyd Peete, Jr.
Shelby County Court of Appeals 03/25/99