APPELLATE COURT OPINIONS

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Frank Rudy Heirs Associates v. Moore and Associates, Inc., Leon Moore, and Sholodge Inc. - Concurring

01-A-01-9505-CH-00219

The general partner in a hotel-keeping operation refused to make distributions to the limited partner from the revenues of the venture. The limited partner filed suit against the general partner for breach of contract and breach of fiduciary duty. The trial court found that the general partner had breached the partnership agreement, and rendered a partial summary judgment, ordering an immediate distribution to both partners of over $680,000. We affirm.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor C. Allen High
Davidson County Court of Appeals 11/29/95
Jerry Bain and wife Sue Bain, v. Dr. Wayne Wells, National Medical Enterprises, Inc., New Beginnings Center, University Medical Center and National Recovery Centers of America

01A01-9503-CV-00120

The captioned defendant, Dr. Wayne Wells, was dismissed by nonsuit and is not involved in this appeal. The remaining defendants have been granted interlocutory appeal from the order of the Trial Judge overruling their motion for summary judgment.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Bobby H. Capers
Wilson County Court of Appeals 11/29/95
02A01-9312-BC-00267

02A01-9312-BC-00267
Court of Appeals 11/29/95
02A01-9411-PB-00250

02A01-9411-PB-00250

Originating Judge:Leonard D. Pierotti
Shelby County Court of Appeals 11/29/95
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Court of Appeals 11/29/95
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Hamilton County Court of Appeals 11/29/95
Warren Hinckley v. Tummel & Carroll, a Professional Partnership, Harold K. Tummel, Individually, Kenneth S. Carroll, Individually, and Ray L. Rhymes, Individually

01A01-9504-CV-00174

Plaintiff, a resident of Texas sued defendants, residents of Texas, for legal malpractice by failing to timely file a claim against the State of Tennessee for damages allegedly incurred in Dickson County, Tennessee. The Trial Court sustained defendants' motion to dismiss on grounds of lack of personal jurisdiction and improper venue.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Leonard W. Martin
Dickson County Court of Appeals 11/29/95
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Hawkins County Court of Appeals 11/29/95
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Court of Appeals 11/28/95
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Court of Appeals 11/28/95
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Court of Appeals 11/27/95
Traci Sorrells vs. Donald Lee Sorrells

E1999-01658-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:C. Van Deacon
Bradley County Court of Appeals 11/22/95
03A01-9506-CH-00182

03A01-9506-CH-00182
Court of Appeals 11/22/95
02A01-9409-CH-00218

02A01-9409-CH-00218

Originating Judge:D. J. Alissandratos
Shelby County Court of Appeals 11/21/95
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Court of Appeals 11/21/95
03A01-9505-CV-00151

03A01-9505-CV-00151
Hamilton County Court of Appeals 11/20/95
01A01-9505-CV-00210

01A01-9505-CV-00210

Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 11/17/95
Earl L. Fox v. Tennessee Board of Paroles

01A01-9506-CH-00263

This appeal involves the denial of parole to an inmate serving a twenty-year sentence for aggravated rape. The inmate filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County challenging the Tennessee Board of Parole’s decision. The trial court granted the board’s motion to dismiss. We affirm the dismissal because the inmate’s petition fails to state a claim upon which relief can be granted. A common-law writ of certiorari cannot be used to review the intrinsic correctness of the parole board’s decision.

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Chancellor Robert S. Brandt
Davidson County Court of Appeals 11/17/95
Edwin H. Bush and William G. Gibson, Co-Administrators of the Estate of Lonnie Mae Lane, Deceased, v. Tony Wesley Carrick

01A01-9507-CH-00288

The nature of this suit is stated in the complaint as follows: The purpose of this action is to set aside for the benefit of the estate of the said Lonnie Mae Lane the conveyances of the land
hereinafter described, which rendered the said Harvey Wesley Carrick and his estate insolvent and which were fraudulent as to creditors of Harvey Wesley Carrick and his estate.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Chancellor Tyrus H. Cobb
Bedford County Court of Appeals 11/17/95
Gail Farley Dyer v. Terry R. Farley - Concurring

01-A-01-9506-CH-00229

The defendant Terry R. Farley, has appealed from the final judgment of the Trial Court in a controversy regarding his dealings with his deceased father, Benton James Farley.

Authoring Judge: Judge Henry F. Todd
Originating Judge:Chancellor Vernon Neal
DeKalb County Court of Appeals 11/17/95
June R. Husted, mother and next-of-kin of Todd F. Husted, Deceased, v. Everett Echols, III, M.D., Metropolitan Government of Nashville and Davidson County, et al.

01A01-9507-CV-00286

This is a suit for wrongful death by suicide allegedly resulting from negligence of the defendant, a psychiatrist. After a jury could not agree upon a verdict, the Trial Judge directed a verdict and dismissed the suit. Plaintiff has appealed and presented a single issue as follows:

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Thomas W. Brothers
Davidson County Court of Appeals 11/15/95
Donna Faye Glover England, v. Richard Piercey

01A01-9507-CH-00320

This is a grandparent's visitation case. Plaintiff, Donna Faye Glover England, is the maternal grandmother of Skylar Piercey, age four. Skylar's natural mother died in December of 1993. Skylar's natural father, Richard Piercey, now refuses to allow England to see Skylar. England filed a petition for grandparent visitation. The trial court dismissed the case based upon the Tennessee Supreme Court decision of Hawk v. Hawk, 855 S.W. 2d 573 (Tenn. 1993), reasoning that Hawk allows Piercey as the natural father, to deny England the right to see Skylar in the absence of a showing of substantial harm to the child. We affirm the decision of the trial court.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor C. K. Smith
Court of Appeals 11/15/95
Jerry D. Adcock and wife, Nancy M. Adcock, v. James F. Witcher, Jr.

01A01-9505-CH-00220

This is an appeal by plaintiffs/appellants, Jerry and Nancy Adcock, from the judgment of the trial court in favor of defendant/appellee, James F. Witcher.

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Chancellor Robert S. Brandt
Davidson County Court of Appeals 11/15/95
In the Matter of: Estate of Jim Eden (Deceased), Georgia Bradley, v. Betty Lewis, Agnes Hendsley, and Bertie Carver, Executors

01A01-9501-CH-00005

This appeal arises from a dispute over a will in which a 93-year-old man left his estate to three of his four surviving daughters. The daughter who was not named in her father’s will challenged the validity of the will after her sisters propounded it for probate in the Chancery Court for Trousdale County. The chancery court transferred the case to the Circuit Court for Trousdale County where a jury found in favor of the will. The daughter who contested the will has appealed. We have determined that no reversible error was committed in the circuit court proceeding and, therefore, affirm the circuit court’s judgment and remand the case to the chancery court for further probate proceedings.

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Bobby H. Capers
Trousdale County Court of Appeals 11/15/95
Carolyn Louise Taylor Perkins v. John Bauman Perkins, Jr., - Concurring

01A01-9504-CV-001

This is a divorce case in which Wife appeals the judgment of the trial court regarding, inter alia, the division of marital property and the trial court's allowance of expert testimony.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Robert L. Jackson
Davidson County Court of Appeals 11/15/95