APPELLATE COURT OPINIONS

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Lemasters vs. Ross

01A01-9702-CV-00070

Originating Judge:Muriel Robinson
Davidson County Court of Appeals 11/19/97
Friedmann vs. Bass

01A01-9707-CH-00331

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 11/19/97
Ringling vs. TN. Bd. of Paroles

01A01-9708-CV-00416

Originating Judge:Thomas W. Brothers
Davidson County Court of Appeals 11/19/97
Phelps vs. The TN. Bd. of Paroles

01A01-9603-CH-00103

Originating Judge:Henry F. Todd
Court of Appeals 11/19/97
In re: Estate of Alla Mae Locke Simmons, Deceased

01A01-9608-PB-00366

Originating Judge:Frank G. Clement, Jr.
Davidson County Court of Appeals 11/19/97
City of Athens vs. Callaway

03A01-9707-CV-00256
McMinn County Court of Appeals 11/19/97
Pratt vs. Smart

03A01-9701-CV-00024
Knox County Court of Appeals 11/18/97
03A01-9704-CH-00133

03A01-9704-CH-00133
Greene County Court of Appeals 11/18/97
Charles Fossett vs. State of TN

02A01-9703-BC-00061
Court of Appeals 11/18/97
Charter Oak Fire Ins. Co. v. Lexington Ins. Co.

M2002-01752-COA-R3-CV
On November 16, 1997, a fire destroyed a Chili's Restaurant ("Chili's") in Nashville, Tennessee. At the time of the fire, the premises were owned and operated by RMR Investments and Gower Center, Ltd. ("RMR/Gower") and leased to Chili's. Under a 20-year lease agreement, Chili's agreed to insure the improvements against loss or damage by fire and other casualties and to insure against property damage and public liability arising out of occurrences on the premises. RMR/Gower was to be named as a loss payee or additional insured under the insurance policies obtained by Chili's. According to the lease, in the event the premises and/or the improvements were destroyed by fire or other casualty, Chili's had the option to terminate the lease, and all insurance proceeds were to be paid to RMR/Gower, except for the portion payable to Chili's for loss of personal property. Pursuant to the lease agreement, Chili's obtained insurance coverage through Lexington Insurance Company ("Lexington"). The certificate of insurance dated December 5, 1997 listed RMR/Gower as certificate holder and named RMR/Gower as additional insured. After the fire, Chili's elected to terminate the lease agreement due to the condition of the premises. Lexington paid the proceeds for the loss of the building to RMR/Gower, less amounts paid to Chili's for loss of personal property. RMR/Gower submitted an additional claim for damages it incurred for the loss of rental income and other charges it would have otherwise collected from Chili's. This claim was denied by Lexington. RMR/Gower then submitted a claim to its insurer Charter Oak Fire Insurance Company ("Charter Oak") for the loss of rental income, which Charter Oak paid. After Lexington refused to reimburse Charter Oak for the amounts it paid RMR/Gower for the loss of rental income, Charter Oak filed suit against Lexington for breach of contract under the theory of third party beneficiary. Parties filed cross motions for summary judgment. On June 26, 2002, the trial court granted Lexington's summary judgment motion and denied Charter Oak's motion. Notice of this appeal soon followed. For the reasons set forth below, the order of the trial court is reversed in part and affirmed in part.
Authoring Judge: Judge Don R. Ash
Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 11/16/97
Mississippi Farm Mutual vs. Latonia & Thomas Jones

02A01-9607-CV-00151

Originating Judge:George H. Brown
Shelby County Court of Appeals 11/14/97
William Boyle vs. Virginia Thomas

02A01-9601-CV-00022

Originating Judge:Robert A. Lanier
Shelby County Court of Appeals 11/14/97
Susie Buchanan vs. Memphis Light, etc.

02A01-9610-CV-00245

Originating Judge:James E. Swearengen
Shelby County Court of Appeals 11/14/97
Jones vs. Rudolph

01A01-9611-CH-00513

Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 11/14/97
Kitsie Hendrix vs. James Cox, et al

02A01-9510-CV-00233

Originating Judge:Wyeth Chandler
Shelby County Court of Appeals 11/14/97
03A01-9704-CV-00111

03A01-9704-CV-00111
Hamilton County Court of Appeals 11/14/97
Fetterolf vs. Fetterolf

01A01-9704-JV-00171

Originating Judge:John P. Hudson
Putnam County Court of Appeals 11/14/97
Wolf vs. The University of TN.

01A01-9611-CH-00514

Originating Judge:William M. Dender
Franklin County Court of Appeals 11/14/97
State of Tennessee Department of Human Services, v. Sylvia Fetterolf Ford, and Stanley Fetterolf

01A01-9704-JV-00171

This is an appeal by respondents/appellants, Stanley Fetterolf and Sylvia Fetterolf Ford, from a decision of the Putnam County Juvenile Court terminating their parental rights. Ms. Ford argues petitioner/appellee, State of Tennessee Department of Human Services (“Department”), filed its petition for termination of parental rights in the wrong court and contends the proper venue was the Overton County Juvenile Court which had handled the initial custody proceedings.1 The pertinent facts are as follows.

Authoring Judge: Judge Walter W. Bussart
Originating Judge:Judge John Hudson
Putnam County Court of Appeals 11/14/97
Holloway vs. Collier, Jr.

01A01-9704-CV-00153

Originating Judge:William C. Koch
Court of Appeals 11/14/97
American Color vs. Innovo

01A01-9703-CH-00120

Originating Judge:Alex W. Darnell
Robertson County Court of Appeals 11/14/97
Walter Wills vs. Ray Gill

02A01-9607-CH-00150

Originating Judge:D. J. Alissandratos
Shelby County Court of Appeals 11/14/97
Nelson vs. The Application Group

01A01-9703-CV-00137
Court of Appeals 11/14/97
Holloway vs. Collier, Jr.

01A01-9704-CV-00153

Originating Judge:William B. Cain
Maury County Court of Appeals 11/14/97
O.W. Winsett v. Paul Orr and Mary Orr

02A01-9605-CH-00100

This case involves the alleged breach of an oral contract for the construction of a home. The trial court granted the builder summary judgment. Because some genuine issues of material fact exist, we affirm in part, reverse in part, and remand.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Floyd Peete, Jr.
Shelby County Court of Appeals 11/14/97