APPELLATE COURT OPINIONS

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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
01A01-9502-CV-00031

01A01-9502-CV-00031

Originating Judge:Thomas W. Brothers
Davidson County Court of Appeals 07/21/95
03A01-9703-CV-00071

03A01-9703-CV-00071
Court of Appeals 07/21/95
Laura Coffey, et al vs. Cherokee Aviation, Inc.

E1999-01037-COA-R3-CV
This is an appeal from a jury verdict finding Cherokee Aviation, Inc. not liable for the deaths of Steven Coffey and Peggy Cowan in a plane crash. Laura Coffey and Peter Cowan, the surviving spouses of the deceased, moved for a new trial on the basis of certain testimony which was admitted or denied admission by the Circuit Court during trial. The Circuit Court denied the motion for a new trial and this appeal ensued. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Harold Wimberly
Knox County Court of Appeals 07/13/95
Janet Posner vs. Alan Posner

02A01-9710-CV-00249

Originating Judge:James F. Russell
Shelby County Court of Appeals 07/13/95
Varner vs. Perryman

03A01-9706-CV-00238
Court of Appeals 07/12/95
01A01-9512-BC-00556

01A01-9512-BC-00556
Court of Appeals 05/25/95
01A01-9512-BC-00556

01A01-9512-BC-00556
Court of Appeals 05/25/95
Janice F. Roberts vs. Stevie D. Davis, et al

M2000-01974-COA-R3-CV
On May 17, 1995, Plaintiff Janice Roberts and her husband Max Nichols were involved in an automobile accident with the Defendant Food Lion, Inc. and their driver Stevie D. Davis. The accident occurred on Interstate 24. Plaintiff Roberts sued the Defendants in the Circuit Court of Davidson County seeking a recovery of $270,000 for injuries and various amounts of damages she sustained as a result of the accident. A bench trial was held on May 1, 2000. On May 4, 2000 the trial court by Memorandum and Order found that Plaintiff Roberts was entitled to recover $25,000 for reasonable and necessary medical expenses, pain and suffering and loss of enjoyment of life, and for some diminution in earning capacity. On June 2, 2000, Plaintiff Roberts filed a motion for new trial, which was subsequently denied by the trial court on July 7, 2000. This appeal followed. Plaintiff Roberts insists that the trial court erred in not granting a motion for continuance; not allowing the deposition testimony of a witness; in its award of damages; and by not allocating monies for future medical expenses.
Authoring Judge: Judge Don R. Ash
Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 05/17/95
03A01-9606-CV-00283

03A01-9606-CV-00283

Originating Judge:Inman
Blount County Court of Appeals 05/16/95
William B. Demontbreun, v. First Cumberland Bank and G. Wayne Detring, Substitute Trustee

01A01-9411-CH-00550

The captioned plaintiff has appealed from a jury verdict and judgment in his favor and against the defendant, First Cumberland Bank for $4,600 as damages for breach of contract.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge James E. Walton
Robertson County Court of Appeals 05/05/95
William B. Demontbreun, v. First Cumberland Bank and G. Wayne Detring, Substitute Trustee

01A01-9411-CH-00550

The captioned plaintiff has appealed from a jury verdict and judgment in his favor and against the defendant, First Cumberland Bank for $4,600 as damages for breach of contract.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge James E. Walton
Robertson County Court of Appeals 05/05/95
Mira Ann (Waller) Mosley v. Charles Raymond Mosley

M2003-01686-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Royce Taylor
Rutherford County Court of Appeals 04/25/95
In State v. Winsett, 882 S.W.2D 806 (Tenn. Crim. App. 1993), Now Justice

03C01-9509-CC-00285

Originating Judge:Rex Henry Ogle
Sevier County Court of Appeals 04/17/95
Pero's Steak and Spaghetti House vs. Elizabeth Hinkle

E2001-00254-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Dale C. Workman
Knox County Court of Appeals 02/14/95
01A01-9511-CH-00496

01A01-9511-CH-00496

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 02/14/95
Tom and Karen Moore v. Lloyd A. Walwyn, M.D.

01A01-9507-CV-00295

This is an appeal by plaintiffs/appellants, Tom and Karen Moore, from the trial court's orders granting summary judgment in favor of defendant/appellee, Dr. Lloyd A. Walwyn, and denying appellants' motion to reconsider the grant of summary judgment

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Thomas W. Brothers
Davidson County Court of Appeals 01/19/95
Richard Noble, v. State of Tennessee, Tennessee Department of Correction

01A01-9503-CH-00093

Petitioner/appellant Richard Nobel was tried and found guilty of first degree murder and sentenced under the Class X Statute to life imprisonment on 16 October 1981.

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 01/19/95
03A01-9608-CH-00263

03A01-9608-CH-00263

Originating Judge:Inman
Sullivan County Court of Appeals 01/11/95
Hoover Inc., v. Metro Board of Zoning Appeals

01A01-9506-CH-00277

This is an appeal by petitioner/appellant, Hoover
Inc. ("Hoover"), from an order of the chancery court
affirming the Metropolitan Board of Zoning Appeal's
decision to deny Hoover's application for a conditional
use permit.

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Chancellor Robert S. Brandt
Williamson County Court of Appeals 01/05/95
Gary Castelli vs Joy Castelli

E2004-02997-COA-R3-CV
The Trial Court granted the parties a divorce, identified, valued and divided the marital property. The husband appeals the division of marital property as being inequitable. We affirm, as modified.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:L. Marie Williams
Hamilton County Court of Appeals 10/15/94
Branch vs. Thompson

M1998-00511-COA-R3-CV
In this case, the minor children of the parties have been declared dependent and neglected in juvenile court, and custody was awarded to Mother. Subsequently, the parties were divorced in circuit court, and Mother was awarded custody and Father was ordered to pay child support. Mother filed a petition in circuit court to hold Father in contempt for his failure to pay child support, and Father filed a cross petition seeking, among other things, to change custody. At the conclusion of an evidentiary hearing, the circuit court awarded custody of the children to Father. Mother has appealed, and we vacate the order changing custody because of lack of subject matter jurisdiction.
Authoring Judge: Judge W. Frank Crawford
Robertson County Court of Appeals 08/24/94
William Fowler, as surviving parent of David Fowler, dec. vs. Ralph Davenport and Jason Richards

E2000-02509-COA-R3-CV
The Trial Court granted defendants summary judgment on the grounds plaintiff's action was time-barred. We reverse and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:G. Richard Johnson
Washington County Court of Appeals 08/12/94