APPELLATE COURT OPINIONS

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Raymond Mitchell v. Camelot Utility District for Hawkins County, Tennessee

03A01-9709-CH-00394

Plaintiff  Raymond Mitchell sues Defendant Camelot Utility District of Hawkins County, Tennessee. He alleges that Camelot, in acquiring a quit claim deed from him conveying two tracts of land, one that contains an artesian well and the other equipment in connection with distribution of water to the adjacent area.  He contends that as a consideration for the quit claim deed, John Valetta, President of Camelot, represented to him that Camelot would provide water taps for two of his lots free of charge and, upon acquisition of an alternate water source, would re-convey the quit claimed lots to him.

 

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Chancellor Thomas R. Frierson
Hawkins County Court of Appeals 06/02/98
Barbara J. Hand, Administratrix of Estate of Charles D. Hand, Deceased, v. Norfolk Southern Railway Company

03A01-9704-CV-00123

This is a suit brought under the Federal Employers Liability Act. It was brought by Plaintiff Barbara J. Hand, Administratrix of the estate of her deceased husband, Charles D. Hand, against his employer, Defendant Norfolk Southern Railway Company. The jury rendered a verdict in favor of the Plaintiff and assessed damages in the amount of $3,250,000. The Defendant appeals, raising nine separate issues. Although many do not merit a protracted discussion, others raise substantial questions.

 

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge Robert M. Summitt
Knox County Court of Appeals 06/02/98
Curtis R. Thrapp vs. Mary Elizabeth Thrapp

E2006-00088-COA-R3-CV
The parties were divorced in Oregon where the Court ordered the custodial arrangement for the only child of the marriage. The Mother then moved to Colorado, where she filed suit in Colorado in the custody dispute. She then moved to Tennessee, where the Father sued her over the ongoing dispute. The Colorado Court ultimately declined jurisdiction and the Tennessee Court ordered a change of the custody. The mother has appealed. We affirm the change of custody.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Dale Young
Blount County Court of Appeals 05/31/98
Coastcom, Inc. vs. Cruzen, et.ux.

01A01-9707-CH-00349

Originating Judge:H. Denmark Bell
Williamson County Court of Appeals 05/29/98
Ogilvie vs. Metro Gov't. vs. Nashille Electric Svc.

01A01-9709-CV-00466

Originating Judge:Thomas W. Brothers
Davidson County Court of Appeals 05/29/98
Montague vs. Dept. of Corrections

01A01-9711-CH-00667

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 05/29/98
National Healthcare L.P. vs. Sparta Medical Investors

01A01-9712-CH-00718

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 05/29/98
National Healthcare L.P. vs. Sparta Medical Investors

01A01-9712-CH-00718
Court of Appeals 05/29/98
McMahan vs. Whisman

01A01-9711-CH-00681

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 05/29/98
Moore, et. ux. vs. Phillips, Sr.

01A01-9605-CH-00197

Originating Judge:Jeffrey F. Stewart
Sequatchie County Court of Appeals 05/29/98
Ramsey vs. Burkhalter & Ryan

01A01-9707-CH-00318

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 05/29/98
Charles Montague, v. Tennessee Department of Corrections, and Warden Howard Carlton

01A01-9711-CH-00667

The plaintiff, a prisoner in the custody of the Tennessee Department of Correction, brought this action against the Department and its Commissioner seeking a declaratory judgment that he is entitled to a refund of $64.00 charged against his custodial account for a key lost by the prisoner.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Chancellor Ellen Hobbs Lyle
Davidson County Court of Appeals 05/29/98
Hawkins & Gossett vs. Hart, et. al.

01A01-9707-CV-00294

Originating Judge:Barbara N. Haynes
Davidson County Court of Appeals 05/29/98
Dept. of Children's Svcs. vs. Stanfill

01A01-9710-JV-00616

Originating Judge:Andrew J. Shookhoff
Davidson County Court of Appeals 05/29/98
TN. Real Estate Comm. vs. Hamilton

01A01-9707-CH-00320

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 05/29/98
J.B. Hinson, et. ux. vs. Beechview Corp.

01A01-9709-CH-00498

Originating Judge:Robert L. Jones
Wayne County Court of Appeals 05/29/98
Miller vs. Willbanks

03A01-9709-CV-00411

Originating Judge:John K. Wilson
Hamblen County Court of Appeals 05/28/98
Rubin vs. Rubin

03A01-9711-CV-00502
Court of Appeals 05/28/98
Haren Construction v. Metro Nashville and Davidson County

M2002-01135-COA-R3-CV
This appeal involves a contract between the Appellant Haren Construction Company, Inc. (HCCI) and the Appellee Metropolitan Government (Metro). The construction company brought suit claiming Metro breached its contract with HCCI in "constructive suspension" of work. In addition the construction company claimed that Metro interfered with the company's contract for equipment supply from a third party. The trial court granted Metro's two motions for summary judgment, the first concerning Metro's alleged liability under the Governmental Tort Liability Act, the second concerning the action for breach of contract. HCCI appeals the grant of summary judgment. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 05/28/98
Suntrust Bank vs. Johnson

M1997-00202-COA-R3-CV
This appeal involves a dispute between a commercial bank and the Tennessee Department of Revenue regarding the bank's claim for a refund of the sales taxes paid in connection with defaulted retail installment sales contracts purchased from various automobile dealers. After the Department denied its refund claim, the bank sued the Commissioner of Revenue in the Chancery Court for Davidson County seeking a refund. Both parties eventually sought a summary judgment. The trial court granted the Commissioner's motion for summary judgment after concluding that it did not have jurisdiction to consider the bank's claim. Alternatively, the trial court held that the bank was not entitled to the requested refund because it was not the dealer who originally remitted the sales tax to the Department. We have determined that the trial court erred by determining that it lacked jurisdiction to consider the bank's refund claim. However, we have also determined that the trial court correctly concluded that the bank was not entitled to the requested refund because it was not the dealer who remitted the sales tax at issue.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ernest B. Pellegrin
Davidson County Court of Appeals 05/26/98
Shahrdar vs. Global Housing, Inc.

01A01-9710-CV-00553

Originating Judge:Marietta M. Shipley
Davidson County Court of Appeals 05/20/98
Davis v. Erwin

03A01-9707-CV-00247
Court of Appeals 05/20/98
Dept. of Children's Svcs. vs. Mangrum

01A01-9709-JV-00530

Originating Judge:Andrew J. Shookhoff
Davidson County Court of Appeals 05/20/98
Forbes vs. Wilson Co. Emergency

01A01-9602-CH-00089

Originating Judge:C. K. Smith
Wilson County Court of Appeals 05/20/98
Simmons vs. Russell, et. al.

01A01-9709-CV-00467

Originating Judge:James E. Walton
Montgomery County Court of Appeals 05/20/98