APPELLATE COURT OPINIONS

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Kevin R. Wagner and Peggy A. Wagner, v. Tabor Construction, Inc. and John Tabor, D/B/A Tabor Construction Company

03A01-9805-CV-00159

The facts of this case are relative (sic) simple. The plaintiffs contracted to purchase a house from the defendant. When the house was complete, excepting some "punch list items" the parties entered into a second contract. By the terms of the second contract, the defendant was to place $5,000.00 in escrow with the monies to be used toward the completion of the "punch list items. Part of the work was compleed on the "punch list" items.

Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Wheeler Rosenbalm
Court of Appeals 11/02/98
Frizzell Construction, Inc., v. Gatlinburg, LLC.

03A01-9805-CH-00161

The facts of this case, as material to this appeal, are relatively simple. The parties entered into a contract for the construction of a hotel in Gatlinburg, Tennessee. The contract was a standard 2
Associated General Contractors ConstructionManager contract styled "Standard Form of Agreement Between Owner and Construction Manager." The agreement contains two provisions that are germane to the issues under consideration here.

Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor Telford E. Fogarty, Jr.
Sevier County Court of Appeals 11/02/98
Gary Charles Hill, v. Insurance Company of North America

03S01-9712-CH-00150

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.

Authoring Judge: Special Judge Roger E. Thayer
Originating Judge:Chancellor Jeffrey F. Stewart
Court of Appeals 11/02/98
Virginia Lynn Woolsey, v. Douglas Harmon McPherson

02A01-9706-JV-00125

Plaintiff Virginia Lynn Woolsey appeals the trial court’s order removing Jennifer McPherson from her custody and placing the child in the custody of Defendant Douglas Harmon McPherson. McPherson appeals the trial court’s order requiring him to pay the $15,000 fee of the Guardian ad Litem. We affirm in all respects.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge A. V. McDowell
Shelby County Court of Appeals 11/02/98
Caruthers vs. Caruthers

03A01-9712-PB-00539
Cumberland County Court of Appeals 10/30/98
Fowler vs. Bowie

03A01-9801-CV-00021
Washington County Court of Appeals 10/30/98
Pleasant vs. Repass

03A01-9804-CH-00117
Court of Appeals 10/30/98
Thomas Calvin Maney v. Tennessee Board of Paroles

X2010-0000-XX-X00-XX

A prisoner at the Lake County Regional Correctional Facility filed a Petition for Writ of Certiorari in the Circuit Court of Davidson County, claiming that the Board of Paroles had acted illegally in revoking his parole, and in refusing to recondiser the revocation. The circuit court granted summary judgment to the Board of Paroles.  We affirm.

Authoring Judge: Judge Thomas W. Brothers
Originating Judge:Presiding Judge Ben H. Cantrell
Davidson County Court of Appeals 10/30/98
01A01-9711-PB-00656

01A01-9711-PB-00656

Originating Judge:Frank G. Clement, Jr.
Davidson County Court of Appeals 10/30/98
03A01-9712-CH-00535

03A01-9712-CH-00535
Court of Appeals 10/30/98
Policeman's Benefit Assoc. of Nashvillevs. Nautilus Insurance Co.

M2001-00611-COA-R3-CV
Plaintiff filed this declaratory judgment action against its liability insurance carrier to determine the carrier's duty to defend plaintiff in a federal lawsuit and its obligation to provide indemnity coverage. The trial court granted defendant summary judgment, and plaintiff appeals. We vacate and remand.
Authoring Judge: Judge W. Frank Crawford
Davidson County Court of Appeals 10/30/98
Kennedy vs. Robson

01A01-9707-CV-00343

Originating Judge:Thomas Goodall
Sumner County Court of Appeals 10/30/98
Sanjines vs. Sanjines

03A01-9808-CV-00253
Court of Appeals 10/30/98
Lescarbeau vs. Lescarbeau

03A01-9706-CV-00215
Greene County Court of Appeals 10/30/98
Moore vs. Moore

03A01-9708-CH-00382
Court of Appeals 10/30/98
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 10/30/98
Janet Arwood Sartain, et al vs. John Ross Sartain

E1999-00556-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:T. E. Fogerty
Jefferson County Court of Appeals 10/29/98
United Steelworkers of America vs. Air Pollution Control Board

01A01-9605-CH-00235

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 10/29/98
Lance vs. Lance

01A01-9801-CV-00036

Originating Judge:Thomas Goodall
Sumner County Court of Appeals 10/28/98
Margaret Barnes vs. Bright Glade Home

02A01-9801-CV-00011

Originating Judge:Kay S. Robilio
Shelby County Court of Appeals 10/28/98
Becky Sanders vs. George Gray/John Curtis

02A01-9710-CV-00268

Originating Judge:Joseph H. Walker, III
Tipton County Court of Appeals 10/28/98
Allen Lawrence vs. Town of Brighton

02A01-9801-CV-00020

Originating Judge:Joseph H. Walker, III
Tipton County Court of Appeals 10/28/98
01A01-9709-CH-00557

01A01-9709-CH-00557

Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 10/27/98
Smith vs. Kelley

01A01-9711-CH-00657

Originating Judge:Henry Denmark Bell
Williamson County Court of Appeals 10/27/98
Griffin vs. Griffin

01A01-9802-CH-00084

Originating Judge:Carol A. Catalano
Montgomery County Court of Appeals 10/27/98