Flightless-N-Bird Farm vs. Dughman
01A01-9803-CV-00126
Originating Judge:Robert E. Burch |
Cheatham County | Court of Appeals | 01/21/99 | |
Hogan et al vs. Coyne International Enterprises Corp.
01A01-9712-CH-00733
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Court of Appeals | 01/21/99 | ||
Hawkins vs. Sundquist
01A01-9803-CH-00164
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 01/21/99 | |
Peck vs. Mills et al
01A01-9806-CH-00279
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 01/21/99 | |
Williams vs. TDOC
01A01-9801-CH-00010
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 01/21/99 | |
Baker vs Maples
03A01-9805-CV-00160
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Court of Appeals | 01/20/99 | ||
Ruth/Raymond Wells vs. J.C Penny
W2002-00102-COA-R3-CV
This is a premises liability case. The plaintiff customer was shopping in a retail store. After a dispute with an unidentified customer over which customer would purchase certain merchandise, the unidentified customer grabbed the plaintiff's wrist. The plaintiff customer sued the retail store, asserting that the store had a duty to protect her from the customer's assault. The store moved for summary judgment, which the trial court granted. We affirm, finding that the assault was unforeseeable, and therefore the retailer did not have a duty of care to protect the customer from it.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 01/20/99 | |
Dennis/Cheryl Caire vs. McLemore Food Stores
02A01-9804-CV-00103
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 01/15/99 | |
Spruce vs Spruce
03A01-9807-CV-00211
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Knox County | Court of Appeals | 01/14/99 | |
Sara Evelyn Evans (Young) v. Bobby Hugh Young, D.K. Hailey Wrecking Company, Inc. and Levy Industrial Contractors, Inc.
01A01-9711-CV-00638
Intervenors D. K. Hailey WreckingCompany (Hailey Wrecking) and Levy Industrial Contractors, Inc. (Levy Industrial) appeal an order of the trial court requiring them to pay the attorney fees of Plaintiff Sara Evelyn Evans incurred in a proceeding to enforce a judgment obtained by Ms. Evans against Bobby Hugh Young. For the reasons stated below, we affirm the ruling of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Muriel Robinson |
Davidson County | Court of Appeals | 01/14/99 | |
Edmondson vs. Solomon
01A01-9802-CV-00097
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 01/14/99 | |
Clark & Associates Architects, Inc. vs. Lewis
01A01-9802-CH-00088
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 01/14/99 | |
Brooks vs Brooks, Jr.
03A01-9801-CH-00008
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Court of Appeals | 01/14/99 | ||
Hampton vs. TN Truck Sales
01A01-9712-CH-00721
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 01/14/99 | |
Alexander vs Armentrout, Jr.
03A01-9807-CV-00205
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Washington County | Court of Appeals | 01/14/99 | |
Palmer vs. So. Central Correctional Facility Disciplinary Bd.
M1999-01611-COA-R3-CV
Petitioner, an incarcerated prisoner at South Central Correctional Facility, appeals the dismissal by the trial court of his petition for a writ of certiorari to review a disciplinary decision made by the Correctional Facility Disciplinary Board and approved by the Tennessee Department of Correction ("T.D.O.C."). The defendant filed a Rule 12.02(6), Tenn. R. Civ. P., motion asserting the failure of Petitioner to state a claim for which relief may be granted. The trial court sustained this motion to dismiss. We reverse.
Authoring Judge: Judge William B. Cain
Originating Judge:Robert L. Holloway |
Wayne County | Court of Appeals | 01/13/99 | |
R & E Properties vs Jones
03A01-9804-CV-00133
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Court of Appeals | 01/13/99 | ||
Woods vs Walldorf
03A01-9803-CH-00085
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Court of Appeals | 01/13/99 | ||
Memphis Housing Auth. vs. Ramona Stewart
02a01-9803-CV-00087
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 01/12/99 | |
01A01-9805-CH-00258
01A01-9805-CH-00258
Originating Judge:Allen W. Wallace |
Dickson County | Court of Appeals | 01/12/99 | |
Bryant vs. McCord, et al
01A01-9801-CV-00046
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 01/12/99 | |
01A01-9711-CV-00685
01A01-9711-CV-00685
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 01/11/99 | |
Vernon W. Mauldin v. Tennessee Department of Correction
01A01-9801-CH-00014
This appeal involves a state prisoner's efforts to obtain judicial review of the length of his incarceration. The prisoner contends that he is entitled to the benefit of the 1989 Sentencing Reform Act’s lesser sentence for armed robbery rather than the sentence imposed upon him at the time of his conviction in 1985. He also contends he is entitled, as a matter of law, to certain sentence reduction credits. Finally, he contends that, taken together, the downward adjustments of his sentence on the basis of these two contentions would entitle him to be immediately released from custody. He filed a Petition for Declaratory Order with the Department of Correction, and the Department denied him relief. Thereafter, the prisoner filed a pro se "Petition for Judicial Review and/or Petition for a Declaratory Judgment and/or Petition for Common-law Writ of Certiorari" in the Chancery Court of Davidson County. The trial court granted the Department's motion to dismiss pursuant to Rule 12.02(6) of the Tennessee Rules of Civil Procedure. We affirm the dismissal of the prisoner's petition because it fails to state a claim upon which relief can be granted.
Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Chancellor Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 01/09/99 | |
Larry Aubrey Henson v. Elizabeth Ellen Sorrell - Concurring
02A01-9711-CV-00291
This case involves allegations of promissory fraud, fraudulent concealment, breach of contract, conversion, and intentional infliction of emotional distress arising from a woman’s failure to inform her partner that she had stopped taking birth control pills, her subsequent 1In another appeal currently before this Court, Henson appeals the paternity ruling of the juvenile court and challenges the constitutionality of the Tennessee Paternity Statute. 2 pregnancy, and the birth of a child. The plaintiff, Larry Aubrey Henson (Henson), appeals the trial court’s judgment for the defendant, Elizabeth Sorrell (Sorrell), after a trial on the merits.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge James F. Russell |
Shelby County | Court of Appeals | 01/08/99 | |
Larry Aubrey Henson, v. Elizabeth Ellen Sorrell - Concurring/Dissenting
02A01-9711-CV-00291
I write separately only to indicate disagreement with an inference that may be drawn from the majority opinion. The last sentence in the opinion states that a party such as Henson may recover damages immediately flowing from the wrongful conduct, as in Smith v. Gore, 728 S.W.2d 738 (Tenn. 1987). As noted in the majority opinion, the plaintiff mother in Smith was permitted to recover in a medical malpractice action for damages immediately related to pregnancy and childbirth.
Authoring Judge: Judge Holly Kirby Lillard
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Court of Appeals | 01/08/99 |