APPELLATE COURT OPINIONS

Potter’s Home Center appeals the trial court’s summary judgment which dismissed its suit to enforce a materialman’s lien against Defendants/Appellees Wilburn R. Viles, Sr., and Mildred E. Viles. We affirm the trial court’s judgment based on our conclusion that Potter’s failed to comply with the applicable notice requirements of the mechanics’ and materialmen’s lien statutes.

Defendant Norfolk Southern Railway Company appeals the trial court’s orders of
possession entered in favor of Plaintiff/Appellee Town of Collierville in two eminent domain
cases. In entering its orders of possession, the trial court ruled that, as a matter of law, the
Town of Collierville had the right to condemn easements across Norfolk Southern’s railroad
track for the purpose of constructing two grade crossings and that Norfolk Southern was
not entitled to an evidentiary hearing on the right-to-take issue. For the reasons hereinafter
stated, we reverse the trial court’s orders of possession and remand for further
proceedings.

This is a divorce case. Defendant-appellant Daniel Hoover appeals the trial court’s division of marital property and asserts that the land containing the parties marital home was improperly classified as wife’s separate property. Plaintiff-appellee Sidney Hoover asserts that the trial court erred in failing to award her one-half of Husband’s retirement account.

Appellant has filed a petition to rehear which, after due consideration is respectfully denied.

The plaintiff, Bobby Blackmon, has appealed from a judgment reading as follows: The Motion to Set Pretrial Management Conference is overruled. This order shall be considered as a final judgment disposing of any claim, right or liability of any party as contemplated by T.R.A.P. Rule 3(a). IT IS SO ORDERED this 1st day of March, 1996.

This is a termination of parental rights case. The minor child in question is Joel Kristen Sipe, born September 7, 1995 to Laurel Sipe (“Mother”) and Bruce Sipe (“Father”). The trial court terminated the parental rights of both parents as to this child after finding on clear and convincing evidence that grounds existed to do so. Both parents have appealed. For the reasons expressed below, we affirm.

In this divorce case, the husband Van Adrian Barker has appealed from the judgment of the Trial Court declaring the parties to be divorced under TCA § 36-4-129, and dividing the marital estate. The appellant presents only the following issue:

I.    Whether the Chancellor erred in finding that the husband did not substantially contribute to the appreciation of the rental property owned by the wife, thereby denying the husband a share in that appreciation.

Upon consideration of the petition for rehearing of Plaintiff/Appellant City of Murfreesboro, the petition is denied.

I concur with the court’s opinion for two reasons. First, the expenses associated with the upkeep of the Gail Drive house were more than off-set by the rental income from the house. Second, the increase in the value of the house was due, not to Mr. Barker’s contributions to the maintenance of the house which were de minimis, but to the appreciation in the value of real property in general.

Plaintiff/Appellant, Ronald E. Nelson (“Nelson”) appeals the judgment of the trial court granting defendants/appellees’, James P. Everett (“Everett”) and Memphis Publishing Company, Inc., d/b/a The Commercial Appeal (“Memphis Publishing Company”) (collectively “defendants”), motion for summary judgment. For reasons stated hereinafter, we affirm the judgment of the trial court.

This appeal involves an automobile accident and the subsequent wrongful death action brought by the daughter of the decedent. Plaintiff-appellant, Patricia Herndon, filed suit against
Michael Hughes, the driver of the other automobile, the driver’s wife Jeanette Hughes, co-owner 2 of the vehicle, and Jeff McAlpin & Associates, Inc., (McAlpin), the car dealership that sold Mr. Hughes the automobile. Ms. Herndon appeals the order of the trial court granting summary judgment to McAlpin.

Plaintiff, Meese & Associates, Inc. (“plaintiff”), appeals the judgment of the trial court 2 awarding Intervening Plaintiff/Appellee, Rebecca Kirklin (“Kirklin”), the real estate commission for the sale of Defendants/Appellees’, Eddie Powers (“Powers”) and David Hicks (“Hicks”) (collectively “defendants”), property by Kirklin. For reasons stated hereinafter, we reverse the decision of the trial court and remand.