APPELLATE COURT OPINIONS

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01C01-9408-CR-00297

01C01-9408-CR-00297

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 10/25/95
Walter Lee Steele and Jennie Brown, Individually and as Next-of-Kin of or Guardian of Melvin Lee Steele, Deceased, v. Tennessee Jaycees, Inc., et al.

01A01-9505-CH-00214

The Chancery Court of Davidson County granted summary judgment to the Tennessee Jaycees and the other appellees, on the ground that the statute of limitations had passed prior to the filing of the appellants' wrongful death complaint against them. Because we do not find that the discovery rule tolls the statute of limitations under the circumstances of this case, we affirm the trial court.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor C. Allen High
Davidson County Court of Appeals 10/25/95
William Barry Martin, v. Marny Anne Martin

01A01-9505-CV-00222

In this divorce case, the defendant/wife has appealed from that portion of the divorce decree which granted to the plaintiff/husband sole custody of the daughter of the parties, aged 4 1/2 years at the time of judgment, 5 years at the present time.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Muriel Robinson
Davidson County Court of Appeals 10/25/95
01C01-9407-PB-00254

01C01-9407-PB-00254

Originating Judge:James R. Everett
Davidson County Court of Criminal Appeals 10/25/95
01C01-9503-CR-00077

01C01-9503-CR-00077

Originating Judge:Thomas H. Shriver
Davidson County Court of Criminal Appeals 10/25/95
01C01-9410-CR-00335

01C01-9410-CR-00335

Originating Judge:Walter C. Kurtz
Davidson County Court of Criminal Appeals 10/25/95
Stones River Utilities, Inc., v. Metropoltian Government of Nashville, Davidison County, Tennessee, et al. - Concurring

01-A-01-9505-CH-00217

This is a contract dispute in which the chancellor found that the uncontradicted proof showed that the plaintiff had no cause of action for the acts alleged in the complaint. We reverse on the single ground of estoppel and remand for further proceedings on that issue alone.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Robert S. Brandt
Davidson County Court of Appeals 10/25/95
01C01-94l2-CR-004l2

01C01-94l2-CR-004l2

Originating Judge:Ann Lacy Johns
Davidson County Court of Criminal Appeals 10/25/95
01C01-9410-CC-00348

01C01-9410-CC-00348

Originating Judge:James E. Walton
Montgomery County Court of Criminal Appeals 10/25/95
William Wayne Bray, v. Wanda Lee Jones Bray

01A01-9506-CV-00228

In this case the husband has appealed the trial judge's award of $14,750 to the wife as her share of the marital property. The trial judge made the following findings: that the husband's property had increased in value during the marriage in the amount, when added to the value of some property acquired by the parties, of $34,000; that the cattle acquired by the parties had a negative value of $4,500, leaving a net value of $29,500; that the wife had made a contribution to the preservation and appreciation of the property; that the wife had a greater need than the husband; and that the husband had a greater ability to produce income in the future. Taking the net increase in the marital estate of $29,500 the trial judge then awarded half of it to the wife.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge John A. Turnbull
Clay County Court of Appeals 10/25/95
Tammy R. Ganzevoort, v. Richard B. Russell, Martha T. Russell, and Jim Cassetty, D/B/A Cassetty Realty

01A01-9502-CV-00038

The Circuit Court of Sumner County awarded the purchaser of a home a judgment against the sellers and their real estate agent, for deceptive practices as defined in the Tennessee Consumer Protection Act. Because we find that the evidence preponderates against a finding that the plaintiff suffered any ascertainable harm from a deceptive act, we reverse.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Thomas Goodall
Sumner County Court of Appeals 10/25/95
Gloria Keene and husband, Edward Keene, v. Cracker Barrel Old Country Store, Inc.

01A01-9505-CV-00211

This is an appeal by plaintiffs/appellants, Gloria and Edward Keene, from the trial court's order granting partial summary judgment to defendant/appellee, Cracker Barrel Old Country Store, Inc. ("Cracker Barrel").

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Barbara N. Haynes
Davidson County Court of Appeals 10/25/95
03A01-9506-CV-00209

03A01-9506-CV-00209
Court of Appeals 10/24/95
01A01-9505-CH-00189

01A01-9505-CH-00189
Court of Appeals 10/23/95
02S01-9407-CR-00044

02S01-9407-CR-00044
Supreme Court 10/23/95
02S01-9407-CR-00044

02S01-9407-CR-00044
Supreme Court 10/23/95
01S01-9502-FD-00024

01S01-9502-FD-00024
Hamilton County Supreme Court 10/23/95
03C01-9311-CR-00385

03C01-9311-CR-00385
Sullivan County Court of Criminal Appeals 10/23/95
Michael Cantrell v. Walker Die Casting

M2001-00693-COA-R3-CV
This case involves a denial of medical benefits for injuries sustained in an automobile accident. The Appellee was covered under an employee benefit plan which falls within the purview of the Employee Retirement Income Security Act of 1974 (ERISA). The trial court granted summary judgment for the Appellee as to the Appellant's liability for payment of the expenses resulting from the accident. We reverse the decision of the trial court, finding Appellee's failure to exhaust his administrative remedies prior to filing suit fatal to his cause.
Authoring Judge: Judge David R. Farmer
Originating Judge:Lee Russell
Marshall County Court of Appeals 10/21/95
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
support. On October 11, 1994, the Trial Court entered an order finding the husband guilty of
willful contempt, awarded the wife judgment for $10,054 arrears child support, increased
weekly payments, awarded attorneys' fees and ordered the husband to be confined in the
workhouse for six months.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge James R. Everett
Davidson County Court of Appeals 10/20/95
Charles K. Newsom, v. Textron Aerostructures, a division of Avco, Inc.; and Gary L. Smith, individually

01A01-9504-CH-00151

This appeal involves a suit brought by an employee against his employer asserting that the employer's actions, in connection with the employee's demotion and subsequent termination, violated The Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634, and the Tennessee Human Rights Act (THRA), T.C.A. § 4-21-101 (1991), et. seq. The employee also alleges that the employer's actions in connection with the demotion and termination were slanderous and constituted outrageous conduct. Plaintiff employee, Charles K. Newsom, appeals from the order of the trial court granting summary judgment to defendant, Textron Aerostructures, Inc., and Gary Smith,1 and the only issue on appeal is whether the trial court erred in so doing. The pertinent facts are as follows.

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 10/20/95
William M. Woodside, and Billy E. and Mary Agnita Woodside, v. Susan E. Woodside (Gilley) - Concurring

01A01-9503-PB-00121

In 1987 the United States Supreme Court placed limits on the use of private lawyers to prosecute criminal contempt cases in federal court. Young v. United States ex rel. Vuitton et Fils, S.A., 481 U.S. 787, 107 S. Ct. 2124 (1987). This appeal calls upon us to decide whether similar limitations should be placed on the use of private lawyers to prosecute criminal contempt cases in state court. The majority has declined to adopt the reasoning of the Young decision based on an
unduly narrow view of this court's responsibility. I cannot join the majority’s opinion. Instead, I would find that the resolution of this important question must await another day because the appellant has waived his right to raise the issue by failing to make a timely demand for another prosecutor in the trial court.

Authoring Judge: Judge William C. Koch, Jr.
Davidson County Court of Appeals 10/20/95
Judy Pewitt, v. Lillie Buford, A. Cliff Frensley and Williamson County, Tennessee

01A01-9501-CV-00025

This appeal involves a suit primarily based onthe Public Employee Political Freedom Act of 1980, T.C.A. §§ 8-50-601 - 8-50-604 (1993) (hereinafter PEPFA). Plaintiff, Judy Pewitt, appeals from the circuit court's summary judgment order dismissing Pewitt's PEPFA and retaliatory discharge claims against defendants, Lillie Buford, Cliff Frensley, and Williamson County

Authoring Judge: Judge W. Frank Crawford
Originating Judge:Judge Henry Denmark Bell
Williamson County Court of Appeals 10/20/95
02A01-9405-CV-00114

02A01-9405-CV-00114
Court of Appeals 10/20/95
03A01-9507-GS-00217

03A01-9507-GS-00217

Originating Judge:Inman
Court of Appeals 10/20/95