APPELLATE COURT OPINIONS

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David Hutton, v. Ruth E. Johnson, Commissioner of Revenue, State of Tennessee - Dissenting

01A01-9601-CH-00023

The majority has decided that Tenn. Code Ann. § 67-6-510 (1994) permits the purchaser of a used jet aircraft to reduce his state tax liability by deducting the value of a previously owned prop-driven aircraft from the purchase price of the jet aircraft. I do not agree that Tenn. Code Ann. § 67-6-510 applies to the purchase of the jet because the transaction does not involve a trade or series of trades.

Authoring Judge: Judge William C. Koch, Jr.
Giles County Court of Appeals 11/08/96
David Via and wife, Patty Via, v. Jimmy Joe Welch, Herman Reed and Tommy Reed

02A01-9507-CH-00157

This is a suit brought by Plaintiffs-Appellants, David Via and his wife Patty Via (“Via”), against Defendants-Appellees, Jimmy Joe Welch, Herman Reed and Tommy Reed (collectively
“Welch”). In this appeal, Via seeks to revive a decree for specific performance entered by this Court on August 28, 1984. Specific performance is no longer available since the property was lost to foreclosure. Via now seeks to have the decree revived and converted to a judgment for money damages. The trial court ruled that Via is not entitled to the relief sought and dismissed Via’s lawsuit. We affirm.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor John Walton West
Carroll County Court of Appeals 11/07/96
Tyrus C. Ragland and Bonnie S. Ragland, Husband and Wife, and Guy Treece and Marla Treece, Husband and Wife, v. Sidney Feuerstein and Betsy Feuerstein

02A01-9506-CH-00140

This matter appears appropriate for consideration pursuant to Rule 10(b) of the Rules of the Court of Appeals of Tennessee.1 Defendant-Appellants Sidney and Betsy Feuerstein (“Feuersteins”) appeal the Chancery Court’s order in favor of Plaintiff-Appellees Tyrus Ragland and other neighbors enjoining the Feuersteins from building a greenhouse on their property in violation of a restrictive covenant.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor C. Neal Small
Shelby County Court of Appeals 11/05/96
Barbara Beem, v. Robert Alan Beem

02A01-9511-CV-00252

Defendant-Appellant, Robert Alan Beem (“Husband”), appeals the judgment of the trial court ordering him to pay child support, alimony, and attorney’s fees to Plaintiff-Appellee, Barbara Beem (“Wife”).

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge George H. Brown, Jr.
Shelby County Court of Appeals 11/05/96
Helen Bond Scofield, v. Stephen David Scofield

02A01-9512-CH-00276

This case involves a petition for increase of child support. Petitioner, Stephen David Scofield (Father), appeals from the trial court’s order denying his petition to modify the parties’ final decree of divorce to increase child support payments by Respondent, Helen Bond Scofield 2 (Mother).

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Joe G. Riley, Jr.
Court of Appeals 11/05/96
Martin Silva v. James A. Crossman, d/b/a Jim Crossman Realty - Concurring

01A01-9604-CH-00153

This appeal involves a dispute as to the obligations of the parties under a lease agreement. The lessor of the premises, James A. Crossman,  terminated the lease after discovering that the lessee, Martin Silva, had experienced problems with violence and other criminal activities at the previous location of his nightclub. Silva filed a complaint in the Chancery Court for Davidson County seeking damages for breach of the lease contract. The trial court heard the case without a jury and awarded damages to Silva. Crossman has appealed and argues that the trial court erred in failing to find grounds for rescission of the lease and in awarding damages to Silva. For the reasons stated below, we affirm the judgment.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor Ellen Hobbs Lyle
Davidson County Court of Appeals 11/01/96
David F. Bush v. Brenda L. Allgood and Mercantile Properties, Inc.

01A01-9605-CV-00207

The Trial Court granted summary judgement dismissing one of the defendants, Mercantile Properties, Inc., and ordered entry of final partial judgment pursuant to T.R.C.P. Rule 54.02. Plaintiff has appealed. The remaining defendant, Brenda L. Allgood, is not involved in this appeal.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Henry Denmark Bell
Williamson County Court of Appeals 11/01/96
Richard P. Rienholtz, v. Christine Bradley, Commissioner, Tennessee Department of Correction

01A01-9512-CH-00570

Richard P. Rienholtz, an inmate in the Tennessee prison system petitioned the Chancery Court of Davidson County for a declaratory judgment arguing that the Department of Correction’s decision to extend his parole eligibility date for escape was illegal. The chancellor dismissed the petition and we affirm.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Ellen Hobbs Lyle
Davidson County Court of Appeals 11/01/96
Susan Kay Pilger Riggs, v. James Landry Riggs

01A01-9601-CV-00007

The plaintiff/wife has appealed from the judgment of the Trial Court declaring the parties divorced pursuant to T.C.A. § 36-4-129, placing child custody in the wife and awarding child support. The issues on appeal relate only to support.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Muriel Robinson
Davidson County Court of Appeals 11/01/96
Kevin Ryan Mosley v. Tennessee Board of Paroles, et al.

01A01-9604-CH-00162

Kevin Mosley, a prisoner in the custody of the Department of Correction, was twice considered for parole. On each occasion the Parole Board declined to release him, citing as its reason the seriousness of his offense. Mr. Mosley filed a Petition for Certiorari with the Chancery Court of Davidson County, contending that he was entitled to a more definite statement of the Parole Board’s reasons. The prisoner also argued that the Board erred in failing to consider the results of a psychological study it had ordered. The Chancery Court dismissed the petition. We affirm the trial court.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 11/01/96
Mary Alice Bolton Prince, v. St. Thomas Hospital, et al.

01A01-9604-CV-00184

This is an appeal by plaintiff/appellant, Mary Alice Bolton Prince, from the decision of the trial court granting the motions for summary judgment of defendants/appellees. The trial court based its decision on its finding that Mrs. Prince was fiftypercent or more at fault. The facts out of which this controversy arose are as follows.

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 11/01/96
02A01-9508-CV-00168

02A01-9508-CV-00168
Shelby County Court of Appeals 10/30/96
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Court of Appeals 10/30/96
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Court of Appeals 10/30/96
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Anderson County Court of Appeals 10/30/96
03A01-9605-CV-00170

03A01-9605-CV-00170
Court of Appeals 10/30/96
02A01-9510-CV-00236

02A01-9510-CV-00236

Originating Judge:J. Steven Stafford
Shelby County Court of Appeals 10/29/96
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Court of Appeals 10/29/96
01A01-9603-CV-00122

01A01-9603-CV-00122

Originating Judge:Bobby H. Capers
Wilson County Court of Appeals 10/25/96
01A01-9604-CV-00180

01A01-9604-CV-00180

Originating Judge:Thomas Goodall
Sumner County Court of Appeals 10/25/96
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Court of Appeals 10/25/96
02A01-9508-CV-00185

02A01-9508-CV-00185

Originating Judge:John Franklin Murchison
Madison County Court of Appeals 10/25/96
02A01-9508-CV-00185

02A01-9508-CV-00185

Originating Judge:John Franklin Murchison
Madison County Court of Appeals 10/25/96
01A01-9604-CH-00177

01A01-9604-CH-00177

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 10/25/96
02A01-9603-CH-00055

02A01-9603-CH-00055
Shelby County Court of Appeals 10/24/96