| Michael Keith Newcomb and wife Caroline Newcomb, Darden E. Davis and wife, Ann J. Davis, v, William Gonser, and wife Lois Gonser and Christopher Gonser, and wife Lisa Gonser, and Shirley Zeitlin & Company
01A01-9705-CH-00220
This is an appeal by plaintiffs/appellants, Michael and Caroline Newcomb and Darden and Ann Davis, from the decision of the Davidson County Chancery Court granting the motion for summary judgment filed by defendants/appellees William and Lois Gonser. The facts out of which this matter arose are as follows
Authoring Judge: Judge Walter W. Bussart
Originating Judge:Chancellor Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 09/01/99 | |
| Allison Cooke Battles and Leslie Cooke Jones v. First Union Bank, Peggy Smith, Beverly G. Pitt, Leigh Ann Howard, and Exchange Insurance Co - Concurring
01-A-01-9809-CH-00497
Two of the beneficiaries of a will sued the witnesses and a notary public because the will was not properly executed. The plaintiffs also sued a bank, the witnesses’ employer, for not training its employees on how to properly witness wills. The Chancery Court of Sumner County granted the defendants summary judgment. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Tom E. Gray |
Sumner County | Court of Appeals | 09/01/99 | |
| Tim Taylor v. Robert L. Morris and Terry Muncey - Concurring
01A01-9804-CH-00211
Defendant Terry Muncey appeals, and Plaintiff Tim Taylor cross-appeals, the trial court’s judgment awarding Muncey $1000 in damages on his counterclaim for wrongful injunction against Taylor. We reverse the trial court’s judgment based upon our conclusion that Muncey failed to meet his burden of proving the elements of his claim for wrongful injunction.
Authoring Judge: Judge Farmer
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Warren County | Court of Appeals | 09/01/99 | |
| James R. Tully, Jr. v. USA Wireless, Inc., PMT Investments, Inc. and Patrick M. Thompson et. al.
01A01-9707-CH-00332
The Chancellor granted summary judgment to the defendant on the plaintiff’s fraud claim. Because we believe the plaintiff has alleged sufficient facts to make out a claim of fraud, and the defendant has been unable to negate those allegations, we find the fraud claim inappropriate for summary judgment, and we reverse. We also find that the plaintiff has not waived his contract claim, and we remand this case to the trial court for the resolution of both claims.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 09/01/99 | |
| Grei S. Hinsen, v. Mark E. Meadors, Individually and D/B/A MEM Contractors, and Hailey Brown
01A01-9811-CH-00583
This is an action by a homeowner against a remodeling contractor and a painter for the failure of the paint inside the house. The Chancery Court of Davidson County dismissed the homeowner’s claims. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Carol L. McCoy |
Davidson County | Court of Appeals | 09/01/99 | |
| Linda Layne, individually and as the surviving spouse of James T. Lane, v. Pioneer Life Insurance Company of Illinois
01A01-9809-CH-00457
This is a suit in chancery for declaratory judgment relative to a policy of insurance. The primary question presented is whether or not participation by the insured in a motorbike event known as an "enduro" constitutes "racing" within the meaning of an exclusion in the policy. After the insured died from injuries he received while participatingin an "enduro," the defendant insurance company denied coverage. The lower court found that the particular loss in this case was excluded from coverage. We affirm the decision of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Chancellor James L. Weatherford |
Rutherford County | Court of Appeals | 09/01/99 | |
| Tire Shredders vs. ERM
02A01-9803-CV-00058
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 08/30/99 | |
| Edwin Elam vs. Martha Elam
02A01-9812-CH-00362
Originating Judge:Dewey C. Whitenton |
McNairy County | Court of Appeals | 08/30/99 | |
| 02A01-9908-CH-00237
02A01-9908-CH-00237
|
Court of Appeals | 08/30/99 | ||
| Wilson vs. Dept. of Corrections
01A01-9806-CH-00302
|
Davidson County | Court of Appeals | 08/27/99 | |
| Lee Simmons vs. City of Lexington
02A01-9810-CH-00282
Originating Judge:Joe C. Morris |
Henderson County | Court of Appeals | 08/27/99 | |
| Doe vs. HCA Health Services of TN
01A01-9806-CV-00306
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 08/27/99 | |
| Gipson vs. Taylor
01A01-9811-CH-00611
|
Wilson County | Court of Appeals | 08/27/99 | |
| Kesterson vs. Dept. of Safety
01A01-9805-CH-00256
|
Davidson County | Court of Appeals | 08/27/99 | |
| Curtis vs. Curtis
01A01-9810-CV-00566
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 08/27/99 | |
| James Cozart vs. Lynn Cozart
02A01-9810-CV-00285
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 08/27/99 | |
| Victoria Robbins vs. Bill Wolfenbarger, D/B/A Wolf's Motors and Sam Horne
E1999-02012-COA-R3-CV
Plaintiff Robbins filed a complaint for damages against Wolfenbarger and Horne, alleging breach of contract, intentional misrepresentation and negligence, per se. On August 26, 1999, an Order of Compromise and Dismissal was entered as to Wolfenbarger individually and d/b/a Wolf Motors. Horne did not file an answer during the time allowed by the Rules of Civil Procedure, and Robbins filed a motion for default judgment on July 9, 1999. Horne wrote a letter to the plaintiff's attorney in response to the complaint and summons, postmarked July 16, 1999. The letter was forwarded to the Clerk of the Court for filing by plaintiff's counsel's letter dated July 30, 1999. On August 27, Robbins' Motion for Default Judgment was heard, but Horne who had notice did not attend. A default judgment was entered against Horne and the Trial Court subsequently overruled Horne's Motion to Set Aside the Default. Horne has appealed. We affirm the judgment of the Trial Court.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 08/26/99 | |
| Robert Odom v. Mary Odom
M1999-02811-COA-R3-CV
This appeal involves a bitter custody dispute over three children between the ages of nine and fourteen. During the divorce proceeding in the Chancery Court for Dickson County, the parties agreed that the mother would have custody of the children and also agreed on visitation arrangements that accommodated the mother's planned move to another state. Several months after the entry of the divorce decree, the father petitioned to change custody and to hold the mother in contempt for interfering with his relationship with the children. During the ensuing three years, the parties traded allegations of sexual and physical abuse of the children and other misconduct. Following a bench trial in December 1998, the trial court found that there had been a material change in the children's circumstances and granted the father custody of the children. On this appeal, the mother asserts that she was denied due process by the trial court's refusal to require the parties and their children to undergo a psychological examination and that the trial court unlawfully delegated its judicial authority to a psychologist who had been counseling the children. We have determined that the mother received an essentially fair hearing on this custody dispute and, therefore, affirm the trial court.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Allen W. Wallace |
Dickson County | Court of Appeals | 08/25/99 | |
| William Terry Wyatt vs. Billie Carey
03A01-9809-CV-00307
|
Cumberland County | Court of Appeals | 08/25/99 | |
| John Seals vs. James Bowlen, Warden, et al
M1999-00997-COA-R3-CV
Petitioner, a state inmate, filed the underlying pro se petition for a writ of certiorari to challenge the result of a disciplinary proceeding against him. The trial court dismissed the suit for failure to state a claim. We reverse the dismissal of all parties except the Department of Correction and affirm the dismissal for failure to state a claim.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 08/25/99 | |
| Nationsbank, N.A. vs. FormPak, Inc. & Ron Campbell
03A01-9808-CH-00279
|
Court of Appeals | 08/25/99 | ||
| Gregory B. Hinton vs. City of Chattanooga
03A01-9901-CV-00013
|
Hamilton County | Court of Appeals | 08/25/99 | |
| Nationsbank, N.A. vs. FormPak, Inc. & Ron Campbell
03A01-9808-CH-00279
|
Court of Appeals | 08/25/99 | ||
| Begley Lumber Company, Inc. vs. Wendell Trammell
03A01-9902-CH-00047
|
Court of Appeals | 08/25/99 | ||
| Saul T. Mallen (Sports-Wear Mills, Inc.) vs. PI, Inc.
03A01-9811-CH-00364
|
Court of Appeals | 08/25/99 |
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