William M. Woodside, and Billy E. and Mary Agnita Woodside, Grandparents, v. Susan E. Woodside (Gilley)
01A01-9503-PB-00121
This appeal arises from post-divorce decree proceedings to increase and enforce child
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge James R. Everett |
Davidson County | Court of Appeals | 10/20/95 | |
Maxie L. Nichols and W. Max Nichols, v. Tennessee Student Assistance Corp.
01A01-9506-CH-00247
This is an appeal from the trial court's judgment in favor of Defendant on Plaintiffs' fraud and contract allegations. Appellants are William Max Nichols, maker of certain notes representing student loans, and his father, Maxie L. Nichols, who was co-maker on said notes. The Appellee is Tennessee Student Assistance Corporation (TSAC), a non-profit corporation created by the General Assembly to guarantee and administer loans made by educational institution lenders to students attending post-secondary schools in Tennessee. T.C.A. § 49-4-203(1)- (3) (1990).
Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor C. Allen High |
Davidson County | Court of Appeals | 10/20/95 | |
State of Tennessee, ex rel., Claudia Agee, v. J.C. Chapman, Jr.
01A01-9506-CV-00231
This is an appeal from a judgment of the lower court finding the respondent in contempt for failing to pay child support. The lower court sentenced the respondent to six months in jail but allowed him to remain free if he complied with the court's current support order and remained within the state. On appeal, the respondent argues that he had no notice of the original support order, that he was not given proper notice of the contempt charges, that the trial judge improperly denied his request for a jury, and that the trial judge erred in denying him the right to leave the state. In accordance with the following opinion we reverse the lower court's sentence for contempt and its injunction against leaving the state. Otherwise, we affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Muriel Robinson |
Davidson County | Court of Appeals | 10/19/95 | |
03A01-9507-CH-00212
03A01-9507-CH-00212
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Anderson County | Court of Appeals | 10/19/95 | |
X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 10/19/95 | ||
The Metropolitan Gov. of Nashville and Davidison County, Tennessee and The Metropolitan Nashville Airport Authority v. Overnite Transportation Company - Concurring
01-A-01-9503-CV-00089
This is an appeal by the petitioners/appellants, Tennessee State Department of Transportation ("TDOT") and Metropolitan Nashville Airport Authority ("MNAA"), from a jury verdict and judgment valuing four acres of condemned property owned by the respondent/appellee, Overnite Transportation Company ("Overnite"), at $1,759,578.10.
Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Hamilton Gayden |
Davidson County | Court of Appeals | 10/19/95 | |
Forrest City Grocery Company, v. Tennessee Department of Revenue
01A01-9505-CH-00198
The plaintiff, Forrest City Grocery Company, filed a declaratory judgment action in the Chancery Court of Davidson County alleging that the Unfair Cigarette Sales Law violates (1) the Sherman Antitrust Act, and (2) the plaintiff's right to due process. The chancellor found the issues in favor of the statute and dismissed the complaint. We affirm.
Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Chancellor C. Allen High |
Davidson County | Court of Appeals | 10/19/95 | |
X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 10/19/95 | ||
Bellsouth Advertising & Publishing Corporation, v. Reuben Bonilla and Marco Bonilla, Partners, D/B/A Car Stereo Shop and Mobile Phone
01A01-9505-CH-00213
One of the captioned defendants, Reuben Bonilla, has appealed from the judgment of the Trial Court overruling his motion to set aside a default judgment in favor of the captioned plaintiff. The notice of appeal states: Notice is hereby given that Reuben Bonilla, defendant named herein, hereby appeals to the Court of Appeals from the order entered in this cause on the 21st day of November, 1994.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Chancellor Robert S. Brandt |
Davidson County | Court of Appeals | 10/19/95 | |
03A01-9505-CV-00153
03A01-9505-CV-00153
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Court of Appeals | 10/18/95 | ||
02A01-9407-CV-00161
02A01-9407-CV-00161
Originating Judge:James E. Swearengen |
Shelby County | Court of Appeals | 10/17/95 | |
02A01-9404-CV-00077
02A01-9404-CV-00077
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 10/17/95 | |
02A01-9407-CV-00169
02A01-9407-CV-00169
Originating Judge:Darrell Blanton |
Shelby County | Court of Appeals | 10/17/95 | |
02A01-9410-CH-00235
02A01-9410-CH-00235
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/17/95 | |
Bessie Lee King v. Davidson (NMN) Taylor - Concurring
02A01-9504-CV-000
This appeal arises out of a paternity action filed by the Plaintiff-Appellee, Bessie Lee King, against the Defendant-Appellant, Davidson Taylor, to establish the paternity of King's minor child, Davene. The action was originally filed in the Juvenile Court of Memphis and Shelby County, but was transferred to Circuit Court after Mr. Taylor requested a jury trial. Mr. Taylor, Ms. King, and Davene submitted to a blood test. The sworn blood test results, which accompanied Appellee's motion for summary judgment, established that Mr. Taylor had a 99.65% probability of being Davene's father. Relying on both the blood test and T.C.A. § 24-7-112(b)(2) (Michie 1994), the trial court granted Ms. King's motion for summary judgment. Mr. Taylor appeals the decision of the trial court.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge D'Army Bailey |
Shelby County | Court of Appeals | 10/17/95 | |
Paula Van Slyke (Fleming) v. Philp Edward Fleming - Concurring
01-A-01-9504-CV-00178
This case involves the question of whether a custodial parent may claim the benefit of changes in the child support guidelines promulgated after trial on her Petition for Increased Child Support, but before the trial court filed its Final Order. Because those changes were not raised in the proceedings below, we decline to act on them here. Instead, we remand the cause to the trial court for further proceedings.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Muriel Robinson |
Davidson County | Court of Appeals | 10/15/95 | |
Laura Patricia Cutsinger v. Charles Edward Cutsinger - Concurring
01A01-9504-CV-00148
In this divorce case, Charles Edward Cutsinger (Husband) has appealed the trial court's judgment which awarded Laura Patricia Cutsinger (Wife) a thirty percent (30%) interest as a seller in the contract of sale of Husband's chiropractic practice. Husband also has appealed the trial court's ruling which ordered Husband to indemnify Wife for any judgment that might arise as a result of an indebtedness for a pleasure boat purchased during the marriage.
Authoring Judge: Judge David R.Farmer
Originating Judge:Judge Robert W. Wedemeyer |
Robertson County | Court of Appeals | 10/14/95 | |
02A01-9409-CV-00174
02A01-9409-CV-00174
Originating Judge:James E. Swearengen |
Shelby County | Court of Appeals | 10/10/95 | |
02A01-9409-CV-00201
02A01-9409-CV-00201
Originating Judge:Wyeth Chandler |
Shelby County | Court of Appeals | 10/10/95 | |
02A01-9411-CV-00260
02A01-9411-CV-00260
Originating Judge:Janice M. Holder |
Shelby County | Court of Appeals | 10/10/95 | |
James R. Fruge and Jane Fruge v. John Doe and Jane Doe
02A01-9408-CV-00198
Defendants-Appellees.This appeal involves a suit seeking recovery under the uninsured motorist provision of a liability insurance policy. Plaintiffs, James R. Fruge and Jane Fruge, appeal from the order of the trial court granting summary judgment to the unnamed defendant-appellee, State Farm Insurance Company.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Judge George H. Brown |
Shelby County | Court of Appeals | 10/05/95 | |
The Metropolitan Government of Nashville and Davidson County, v. Nashville Park Hospitality, Inc.
01A01-9504-CH-00142
Appellant, Nashville Park Hospitality, Inc. ("Nashville Park"), is the owner of the Budget Lodge, a motel in Nashville consisting of three separate buildings identified as the 100, 200 and 300 Buildings. Ninety-six suites compose the 100 and 300 Buildings, with 92 available to the public and rented on a weekly basis. The 200 Building consists of standard motel rooms which are rented nightly. Appellee, the Metropolitan Government of Nashville and Davidson County ("Metropolitan Government"), filed suit seeking to enjoin Nashville Park from operating the Budget Lodge in violation of the Hotel, Food, Service Establishment and Public Swimming Pool Inspection Act of 1985, T.C.A. § 68-14-301 et. seq. ("Act").1 After a hearing, the trial court granted Metropolitan Government's application for a permanent injunction, enjoining Nashville Park from operating Budget Lodge in violation of the Act. The court, however, refused to entertain the issue of whether the Act applied to the suites rented weekly,2 citing Nashville Park's failure to first exhaust its administrative remedies. Nashville Park has appealed, challenging that determination by the chancellor. For reasons to be discussed, we reverse that portion of the judgment holding the trial court without jurisdiction to decide the issue prior to an exhaustion of the administrative process.
Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor Robert S. Brandt |
Davidson County | Court of Appeals | 10/04/95 | |
Jerry Don Lumpkins, v. Belinda Baines Lumpkins
01A01-9401-CH-00034
This appeal involves a dispute over child support for two pre-teen boys. Two years after their divorce in the Chancery Court for Sumner County, the parents returned to court seeking resolution of their disputes concerning the custody and visitation arrangements and the amount of child support. A special judge awarded the mother sole custody of the children, modified the father’s visitation schedule, and directed the father to pay child support in accordance with the child support guidelines. The father takes issue on this appeal with the amount of his child support. We have determined that the amount of the father’s child support should be modified to take all his income into consideration.
Authoring Judge: Judge William C.Koch, Jr.
Originating Judge:Special Judge Jane W. Wheatcraft |
Sumner County | Court of Appeals | 10/04/95 | |
Tonya Renee Jackson v. Keith George Jackson
01A01-9504-CV-00132
This case involves a dispute over child custody and division of marital property as decreed by the trial court in a divorce case.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Henry Denmark Bell |
Williamson County | Court of Appeals | 10/04/95 | |
Tennessee Department of Human Services, v. Tennessed Civil Service Commission and Frank Mahon
01A01-9504-CH-00143
This appeal arises from the chancery court's reversal of a final order of the Tennessee Civil Service Commission (the Commission). The Commission's final order reinstated Appellant, Frank Mahon, an employee who had been dismissed by the Cocke County Department of Human Services (Cocke County DHS). The chancery court reversed the Commission's final order, finding that the final order was unsupported by substantial and material evidence in the record before the Commission.
Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 10/04/95 |