APPELLATE COURT OPINIONS

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03A01-9508-CV-00256

03A01-9508-CV-00256
Knox County Court of Appeals 01/26/96
01C01-9503-CR-00061

01C01-9503-CR-00061
Davidson County Court of Criminal Appeals 01/26/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Greene County Court of Appeals 01/26/96
Penny Campbell, et al., v. Don Sundquist, Governor of the State of Tennessee, et al.

01A01-9507-CV-00321

This appeal involves a constitutional challenge under the Tennessee Constitution to Tennessee's Homosexual Practices Act, T.C.A. § 39-13-510 (1991). On May 26, 1993, plaintiffs Penny Campbell, John Doe, Jane Doe, James Tallent, and Christopher Simien,1 filed a "Verified Petition for Declaratory and Injunctive Relief" in the Circuit Court for Davidson County, Tennessee, against defendants Don Sundquist, Governor of the State of Tennessee,2 Charles W. Burson, Attorney General of the State of Tennessee, and Victor S. Johnson, III, District Attorney General for Davidson County, each in his official capacity. The complaint, as amended, seeks a declaratory judgment pursuant to T.C.A. § 29-14-101, et seq., (1980) that the Homosexual Practices Act (HPA),acriminal law, violates plaintiffs' right to privacy under Article I, Sections 1, 2, 3, 7, 8, 19, and 27 of the Tennessee Constitution and their right to equal protection of the laws under Article I, Section 8 of the Tennessee Constitution. Plaintiffs also seek to enjoin the enforcement of the HPA.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Walter C. Kurtz
Davidson County Court of Appeals 01/26/96
01C0l-9310-CC-00378

01C0l-9310-CC-00378

Originating Judge:W. Charles Lee
Bedford County Court of Criminal Appeals 01/26/96
01C01-9505-CR-00147

01C01-9505-CR-00147

Originating Judge:Walter C. Kurtz
Davidson County Court of Criminal Appeals 01/26/96
State vs. Willie Dockins

W1998-00354-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Joseph B. Brown
Shelby County Court of Criminal Appeals 01/26/96
Jane Doe and Mother A., Jane Doe C and Father C., v. Coffee County Board of Education, Joe Brandon, Bobby Cummings, Nelson Johnson, Marianne Brandon

01A01-9506-CV-00252

This is a suit by two high school students and their parents seeking damages resulting from alleged assaults by a high school coach.

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Gerald L. Ewell, Sr.
Coffee County Court of Appeals 01/26/96
03C01-9310-CR-00181

03C01-9310-CR-00181
Cocke County Court of Criminal Appeals 01/26/96
01C01-9503-CC-00099

01C01-9503-CC-00099

Originating Judge:W. Charles Lee
Bedford County Court of Criminal Appeals 01/26/96
03A01-9508-CV-00252

03A01-9508-CV-00252
Loudon County Court of Appeals 01/26/96
State, ex rel, Lorretta Head Overstreet v. Paul Daniel King - Concurring

01-A-01-9507-CH-00309

The only issue raised in this paternity action is whether there is any material evidence to support the jury's verdict that the appellant was the father of the child. We affirm.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge C. K. Smith
Smith County Court of Appeals 01/24/96
A.J. Hall, Inc., v. Federated Mutual Insurance Company

01A01-9508-CH-00369

The plaintiff, A. J. Hall, Inc., has appealed from the summary dismissal of a part of its suit against the defendant, Federated Mutual Insurance Company. The Trial Court expressly directed the entry of final partial judgment as permitted by T.R.C.P. Rule 54.02.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Chancellor C. K. Smith
Wilson County Court of Appeals 01/24/96
William B. Pevear and Rebecca Pevear v. Evans Hunt, Annie Irene Hunt and Metropolitan Government

01A01-9505-CH-00184

This appeal involves a boundary line dispute between two neighbors. The Appellants, William and Rebecca Pevear, and the Appellees, Evans and Irene Hunt, own real estate which is separated by an alley which is owned by the Metropolitan Government of Nashville and Davidson County.
 

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Chancellor C. Allen High
Davidson County Court of Appeals 01/24/96
01A01-9508-CH-00373

01A01-9508-CH-00373

Originating Judge:Allen W. Wallace
Cheatham County Court of Appeals 01/24/96
01A01-9508-CH-00373

01A01-9508-CH-00373

Originating Judge:Allen W. Wallace
Cheatham County Court of Appeals 01/24/96
The Travelers Insurance Company, v. Maudine Y. Lancaster Webb and Vicky Austin Lancaster

01A01-9508-CH-00379

The Travelers Insurance Company ("Travelers") filed an interpleader in the Chancery Court for Davidson County. It alleged that both defendant/appellee, Maudine Y. Lancaster Webb ("Ms. Webb"), and defendant/appellant, Vicky Austin Lancaster ("Mrs. Lancaster"), claimed the proceeds of an insurance policy which covered the life of decedent, Charles S. Lancaster.

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Chancellor Robert S. Brandt
Davidson County Court of Appeals 01/24/96
01S01-9502-CV-00029

01S01-9502-CV-00029
Supreme Court 01/22/96
03C01-9402-CR-00047

03C01-9402-CR-00047

Originating Judge:Joseph F. Dirisio
Hamilton County Court of Criminal Appeals 01/22/96
Guy Alexander, Jr., Royce Taylor, and Skyline Apartments Partnership v. Third National Bank

01S01-9411-CV-00147

This case presents for review the decision of the Court of Appeals sustaining the defendant's motion for summary judgment on the ground the suit is barred by the three year statute of limitations. This Court finds the essential cause of action alleged is breach of contract rather than injury to property and, therefore, the applicable limitation period is six years rather than three years.

Authoring Judge: Justice Lyle Reid
Originating Judge:Judge Barbara N. Haynes
Davidson County Supreme Court 01/22/96
01S01-9502-CV-00029

01S01-9502-CV-00029
Supreme Court 01/22/96
03S01-9404-CV-00019

03S01-9404-CV-00019
Supreme Court 01/22/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX

Originating Judge:Harold Wimberly
Supreme Court 01/22/96
03C01-9504-CR-00123

03C01-9504-CR-00123
Anderson County Court of Criminal Appeals 01/19/96
Charles N. Delattie v. South Mark Realty Partners, LTD., d/b/a Hickory Lake Apartment Community - Concurring

01A01-9504-CV-00141

Charles N. Delatte ("plaintiff") filed suit in the Circuit Court of Davidson County against South Mark Realty Partners, Ltd. ("defendant") seeking damages for injuries sustained by him when a metal hand railing on a stairway in the common area of defendant's apartment complex collapsed, causing him to fall.  The trial court granted defendant's motions for  summary judgment. The sole issue presented by this appeal is whether the trial court was in error in so doing. For the reasons herein set forth, we find no error and affirm.

Authoring Judge: Judge Hewitt Tomlin
Originating Judge:Judge Barbara N. Haynes
Davidson County Court of Appeals 01/19/96