APPELLATE COURT OPINIONS

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Ollie Davis and R.D. Davis, v. Horace Hall

02A01-9410-CV-00245

This appeal involves a suit to recover damages for personal injury and property damage arising out of an automobile accident. Plaintiffs, Ollie H. Davis and R. D. Davis, appeal from the judgment of the trial court on a jury verdict for the defendant, Horace Hall.

Authoring Judge: Judge W. Frank Crawford
Originating Judge:Chancellor Wyeth Chandler
Shelby County Court of Appeals 10/03/95
Bonnie Jo Miller v. Thomas A. Parker

03A01- 9503- CV- 00101

This is a suit by Bonnie Jo Miller against Thomas A. Parker seeking damages for personal injuries as a result of her being struck by an automobile being driven by him.

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge John A. Turnbull
Cumberland County Court of Appeals 10/03/95
North American Rayon Corporation, v. Margaret C. Culpepper, Commissioner of the Tennessee Department of Employment Security, and Judy Howell

03A01-9506-CH-00192

North American Rayon Corporation appeals a judgment of the Chancery Court for Carter County which upheld a Board of Review determination that Judy Howell was entitled to unemployment benefits incident to her termination by North American Rayon.

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge Thomas J. Seeley, Jr.
Carter County Court of Appeals 10/03/95
Eddie Williams, Jr. v. Tennessee Department of Correction

02A01-9503-CV-00046

Eddie Wililams, Jr. ("petitioner") filed a pro se Petition for Writ of Certiorari in the Circuit Court of Laderdale County against the Tennessee Department of Correction ("TDOC" or respondent"), seeking court review of actions taken by a prison disciplinary board, prison warden, and the department commissioner. Due process violations resulting therefrom were also alleged. The trial court granted summary judgment to respondent and petitioner has appealed. On appeal, a single issue was presented for review: whether the trial court erred in granting summary judgment. For the reasons stated hereinafter, we reverse the judgment of the trial court.

Authoring Judge: Presiding Judge Hewitt P. Tomlin
Originating Judge:Judge Joseph H. Walker
Lauderdale County Court of Appeals 10/02/95
First Tennessee Bank National Association, v. C.T. Resorts Company, Inc., C. Gary Triggs, and James C. Childrers

03A01-9503-CH-00102

First Tennessee has filed a petition for rehearing. The petition basically argues two points: first, that the undisputed material facts show that the defendants did not timely assert their claims of misrepresentation, and hence waived them; and second, that we erred in construing the parties' "First Modification, Renewal, and Extension Agreement and Apointment of Successor Trustee."

Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Chancellor Sharon Bell
Knox County Court of Appeals 10/02/95
Alfred Carroll Jones and Betty Jones, v. City of Johnson City, Tennessee

03A01-9506-CV-00196

This suit was brought against the City of Johnson City(Johnson City) pursuant to the Tennessee Governmental Tort Liability Act (GTLA), T.C.A. § 29-20-101, et seq. The plaintiff, 1 The wife's claim was for loss of services, companionship, consortium, etc. 2 Alfred Carroll Jones (Jones), was injured while working at the Towne Acres Elementary School, a facility owned and operated by Johnson City. At the time of the injury, the school was closed while an addition was being built to the existing structure. The trial court granted Johnson City's motion for summary judgment, holding that Jones expressly assumed the risk of his injury and "as a matter of law that [Johnson City] owed no legal duty to" Jones based on the undisputed facts. Jones and his wife, the
plaintiff Betty Jones1, appeal, raising the following issues:

Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Judge Lewis W. May
Court of Appeals 10/02/95
Rex M. Massengale, Sr., v. Audrey L. Massengale

03A01-9503-CV-00086

This is a post-divorce proceeding involving the custody of the parties' one minor child, Rex M. Massengale, Jr., whose date of birth is September 20, 1985. The parties were divorced by the "Final Judgment and Decree" of the Dade County, Georgia, Superior Court entered on October 19, 1993. That document approved and adopted the parties' agreement that the child's custody should be vested with his mother, Audrey L. Williamson1 (Mother2). The instant controversy was initiated by the child's father, Rex M. Massengale, Sr. (Father), on November 16, 1994, not quite 13 months after the divorce, when he filed a petition to change the child's custody. After a bench trial, the trial court dismissed the Father's petition. Father appeals, raising two issues:

Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Judge Robert M. Summitt
Hamilton County Court of Appeals 10/02/95
Rick Haynes and Karen Haynes, v. John Walker and wife Rosa Mae Walker and Harold Woods

03A01-9504-CH-00133

The Plaintiffs, Rick Haynes and his wife Karen Haynes, initially sued their adjacent landowners, Defendants John Walker and wife Rosa Mae Walker and Harold Woods. The Plaintiffs sought a declaration that they were entitled to a right-of-way to gain access to tract 8 of the Clint Jones property, a 15.72-acre tract owned by them in Jefferson County. Thereafter, Michael Woods and his wife Paula Young Woods, who acquired a portion of Harold Woods property, were added as party Defendants by an agreed order.

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Chancellor Chester S. Rainwater
Jefferson County Court of Appeals 10/02/95
Matthew E. Rader, et al., v. Clarence McDowell, et al.

03A01-9506-CV-00191

The Appellant has appealed from a judgment denying its "Application for Execution." We affirm.

Authoring Judge: Senior Judge Clifford E. Sanders
Originating Judge:Judge Dale C. Workman
Knox County Court of Appeals 10/02/95
J.T. Holt, and wife Gertrude Holt and Dennis Holt, v. Opal Tolliver and Freddy L. Smelcer

03A01-9505-CH-00161

This is a suit to determine the boundary line between the Plaintiffs' and the Defendants' property and to confirm that the Plaintiffs have a right-of-way over the property of the Defendants.

Authoring Judge: Judge Houston M. Goddard
Originating Judge:Chancellor Dennis H. Inman
Greene County Court of Appeals 10/02/95
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Washington County Court of Appeals 09/29/95
03A01-9506-CH-00190

03A01-9506-CH-00190
Court of Appeals 09/29/95
03A01-9506-CV-00199

03A01-9506-CV-00199
Knox County Court of Appeals 09/29/95
03A01-9506-CH-00207

03A01-9506-CH-00207
Court of Appeals 09/29/95
03A01-9505-CV-00145

03A01-9505-CV-00145
Court of Appeals 09/28/95
Frank Bell, v. Christine Bradley, et al.

01A01-9506-CH-00273

This is an appeal by petitioner, Frank Bell, from the chancellor's judgment dismissing Mr. Bell's petition for writ of certiorari. The chancellor dismissed the petition on the ground that it "was not timely filed."

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Chancellor Robert S. Brandt
Davidson County Court of Appeals 09/27/95
03A01-9506-CH-00173

03A01-9506-CH-00173
Court of Appeals 09/20/95
Kathy Gale (Phillips) Bennett, v. William Thomas Bennett

01A01-9501-GS-00006

This case involves a divorce ending a marriage of short duration. The General Sessions Court of Lebanon, Tennessee granted the divorce to both parties, dividing the marital property between them, and ordering the husband to pay $100 per month in rehabilitative alimony for fourteen years. The husband appealed, arguing that the trial court erred in dissolving the parties' marriage without reference to fault, in its division of marital property, and in ordering the payment of alimony. The wife appealed the trial court's refusal to grant her claim for attorney fees.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Robert P. Hamilton
Wilson County Court of Appeals 09/20/95
First American National Bank, v. J.M.D. Bransford

01A01-9503-CH-00109

This is an appeal by defendant, J.M.D. Bransford, from the trial court's granting of the motion for summary judgment of plaintiff, First American National Bank (Bank), and resulting judgment in the bank's favor on a promissory note made by defendant Bransford as a co-maker.

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Chancellor Robert S. Brandt
Davidson County Court of Appeals 09/13/95
Stephen Patterson vs. Susan Patterson

W1999-01544-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Walter L. Evans
Shelby County Court of Appeals 09/11/95
Casa Juvenile Services Association, Inc. and Tennessee Department of Human Services v. Loretta NMN Phillips Arrietta and Florencia Arrietta Salgado, in re Dustin Matthew Arrietta

03A01-9503-JV-00099

Loretta Phillips Arrietta, mother of Dustin Matthew Arrietta, appeals a judgment of the Juvenile Court for Hamblen County which terminated her parental rights.

Authoring Judge: Presiding Judge Houston P. Goddard
Originating Judge:Judge Mindy Norton Seals
Hamblen County Court of Appeals 09/06/95
Janis Oliver-Gill v. Jerry T. Krohn

M2001-02327-COA-R3-CV
This appeal involves a suit brought by the buyer of certain real property against the builder and seller of that home seeking damages for, inter alia, negligent construction. From a jury verdict rendered in favor of the defendant, the plaintiff appeals. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Robert E. Lee Davies
Williamson County Court of Appeals 08/26/95
Debord vs. Bledsoe

03A01-9801-CH-00009
Bledsoe County Court of Appeals 08/15/95
Patrick McCollum v. Dan Huffstutter

M2002-00051-COA-R3-CV
This is an appeal from a Judgment on a jury verdict for Plaintiff. Plaintiff sued Defendant on grounds of trespass, abuse of process, and outrageous conduct arising from Defendant's attempt to serve a writ of possession at Plaintiff's place of business. A jury found for Plaintiff on all grounds. Defendant appeals, alleging seven grounds for reversal: (1) The Trial Court erred in not dismissing the complaint on the grounds of an executed Settlement Agreement and Full Release of All Claims; (2) The Trial Court erred in failing to grant a new trial on the grounds of newly discovered evidence; (3) The Trial Court erred in not granting Defendant's Motion for Summary Judgment, and in failing to grant the Defendant's Motion for Directed Verdict; (4) The jury verdict should be set aside and the complaint dismissed on the grounds of an oral agreement not to file civil proceedings; (5) The Trial Court erred in failing to give the special instructions requested by the Defendant; (6) The Trial Court erred in not granting a new trial on the grounds of improper conduct by counsel for the Plaintiff; (7) The verdict and remittitur were excessive and given under the influence of passion and prejudice. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 07/26/95
03A01-9703-CV-00071

03A01-9703-CV-00071
Court of Appeals 07/21/95