Tom and Karen Moore, v. Lloyd A. Walwyn, M.D. - Dissenting
01A01-9507-CV-00295
Both the trial court and the majority of this panel have decided that Tom and Karen Moore are not entitled to a jury trial on their medical malpractice claim against Dr. Lloyd A. Walwyn because of shortcomings in the affidavits they filed in opposition to Dr. Walwyn’s motion for summary judgment. While I do not relish defending sloppy lawyering, I am convinced that my colleagues have scrutinized the Moores’ counter-affidavits using standards stricter than those required by Tenn. R. Civ. P. 56.05 and Tenn. Code Ann. § 29-26-115 (1980). I would vacate the summary judgment because the counter-affidavits demonstrate the existence of genuine and material factual issues that only a jury should resolve.
Authoring Judge: Judge William C. Koch, Jr.
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Williamson County | Court of Appeals | 01/19/96 | |
Benny Smith, ET UX, Geraldine Smith v. Bobbie Jo Smith (McClintock) - Concurring
01-A-01-9508-CH-00354
The captioned respondent has appealed from an order entered by the Trial Court regulating visitation of the two children of respondent with the captioned petitioners, parents of respondent's deceased husband. Respondent-mother has remarried, and her husband, David McClintock, has adopted the children. However, he is not a party to this proceeding.
Authoring Judge: Judge Henry F. Todd
Originating Judge:Chancellor Vernon Neal |
Overton County | Court of Appeals | 01/19/96 | |
State of Tennessee, v. Jacob Kyle Tipton
01A01-9510-CV-00445
This case presents what is purportedly an appeal under Tennessee Rule of Criminal Procedure 37(b). The issue of law involves a juvenile's plea of guilty to delinquency in the Circuit Court of Dickson County.
Authoring Judge: Judge Samuel E. Lewis
Originating Judge:Judge Robert E. Burch |
Dickson County | Court of Appeals | 01/19/96 | |
X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Knox County | Court of Appeals | 01/18/96 | |
State vs. Michael South
02C01-9701-CR-00029
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Shelby County | Court of Criminal Appeals | 01/18/96 | |
X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Hamilton County | Court of Appeals | 01/18/96 | |
01C01-9412-CR-00409
01C01-9412-CR-00409
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Sumner County | Court of Criminal Appeals | 01/17/96 | |
01C01-9505-CC-00131
01C01-9505-CC-00131
Originating Judge:John W. Rollins |
Putnam County | Court of Criminal Appeals | 01/17/96 | |
Teresa K. Ross v. William P. Ross
01A01-9410-PB-00470
From the decision of the Trial Court modifying the final decree of divorce between the parties, terminating payments of spousal support previously ordered to be paid by the husband to the wife, the wife appeals.
Authoring Judge: Special Judge Robert E. Corlew, III
Originating Judge:Judge James Everett |
Davidson County | Court of Appeals | 01/17/96 | |
01C01-9505-CR-00136
01C01-9505-CR-00136
Originating Judge:Thomas Goodall |
Sumner County | Court of Criminal Appeals | 01/17/96 | |
Blake Weber, v. Jack Moses, Individually and Jeffson Pilot Life Ins. Co.
02A01-9407-CH-00173
Plaintiff-Appellant Blake Weber brought suit against the Defendants-Appellees, Jack Moses and Jefferson Pilot LIfe Insurance Company ("Jefferson Pilot"), alleging that he was unlawfully discharged due to his refusal to participate in Appellee Jefferson Pilot's illegal employment practices. The chancellor dismissed Appellant's suit, stating that this cause of action was barred by the applicable one year statute of limitation. Weber appeals the lower court's dismissal of his Complaint.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor D.J. Alissandratos |
Shelby County | Court of Appeals | 01/17/96 | |
Carl E. Smith and wife, Vada Smith, and Lucille Crockett, v. William R. Reed, and wife Linda Gail Reed
01A01-9412-CH-00555
From the decision of the Trial Court establishing a boundary line dividing tracts of land owned by the parties, the Defendants appeal.
Authoring Judge: Special Judge Robert E. Corlew, III
Originating Judge:Chancellor Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 01/17/96 | |
01C01-9504-CC-00118
01C01-9504-CC-00118
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Marshall County | Court of Criminal Appeals | 01/17/96 | |
Section of This Court In Webster v. Tennessee Bd. of Regents, 902 S.W.2D 412 (Tenn. App.
02A01-9407-CH-00173
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Court of Appeals | 01/17/96 | ||
01C01-9502-CC-00037
01C01-9502-CC-00037
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 01/17/96 | |
01C01-9412-CR-00409
01C01-9412-CR-00409
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Sumner County | Court of Criminal Appeals | 01/17/96 | |
02A01-9410-CV-00229
02A01-9410-CV-00229
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 01/16/96 | |
03S01-9410-CH-00091
03S01-9410-CH-00091
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Supreme Court | 01/16/96 | ||
02A01-9412-CH-00278
02A01-9412-CH-00278
Originating Judge:John Walton West |
Decatur County | Court of Appeals | 01/16/96 | |
03C01-9503-CR-00071
03C01-9503-CR-00071
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Roane County | Court of Criminal Appeals | 01/16/96 | |
03C01-9503-CR-00071
03C01-9503-CR-00071
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Roane County | Court of Criminal Appeals | 01/16/96 | |
X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Hamblen County | Court of Appeals | 01/12/96 | |
03C01-9502-CR-00034
03C01-9502-CR-00034
Originating Judge:Mayo L. Mashburn |
Bradley County | Court of Criminal Appeals | 01/12/96 | |
General Oils Company, Division of Ashland Oil, Inc., v. Claude Ramsey, Assessor of Property for Hamilton County, Tennessee and TN State Board of Equalization
01A01-9504-CH-00153
General Oils Company ("plaintiff") filed suit in the Chancery Court of Davidson County against the Assessor of Property for Hamilton County ("Hamilton County Assessor") and the Tennessee State Board of Equalization ("Board of Equalization") seeking judicial review of the decision by the Assessment Appeals Commission ("AAC") of the Board of Equalization that for tax assessment purposes plaintiff's petroleum storage tanks located in Hamilton County were real property. The chancellor reversed the AAC, holding that the tanks were personal property. On appeal Hamilton County Assessor and Board of Equalization present one issue 1On appeal the Board of Equalization only challenges the lower court's action to the effect that tanks are automatically considered tangible personal property under T.C.A. § 67-5-903(f) for property tax purposes. Because the broader issue raised by Hamilton County Assessor in essence encompasses this secondary issue, we approach this case from the standpoint of Hamilton County Assessor. 2 for our consideration: Whether the trial court erred in holding that the storage tanks should be classified as personal property for tax assessment purposes.1 For the reasons hereinafter stated, we find no error and affirm.
Authoring Judge: Senior Judge Tomlin
Originating Judge:Chancellor Robert S. Brandt |
Hamilton County | Court of Appeals | 01/12/96 | |
03C01-9406-CR-00242
03C01-9406-CR-00242
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Knox County | Court of Criminal Appeals | 01/12/96 |