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X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX	Knox	Court of Appeals	01/10/96
Shade T. Underwood, Jr. v. Governor Ned Ray McWherter - Concurring 01-A-01-9508-CV-00360 Authoring Judge: Judge Samuel L. Lewis Trial Court Judge: Judge Walter C. Kurtz This is an appeal by petitioner/appellant, Shade T. Underwood, Jr., from the trial court's dismissal of his petition for declaratory judgment and violations of civil rights. The sole issue presented by petitioner is "[w]hether the trial court properly dismissed the petition for want of prosecution."	Davidson	Court of Appeals	01/05/96
Jack Keller, Jordan S. Keller, v. Colgems-EMI Music, Inc., Screen Gems-EMI Music, Inc., EMI Music Publishing, Inc. 01A01-9505-CV-00212 Authoring Judge: Judge Ben H. Cantrell Trial Court Judge: Judge Walter C. Kurtz On June 28, 1994, Plaintiff Jack Keller sued the defendants in the Davidson County Circuit Court claiming a breach of fiduciary duty by fraudulently failing to disclose the contents of a contract amendment signed in 1960. Jordan Keller, to whom a part of the contract rights had been assigned, joined his father as plaintiff.	Davidson	Court of Appeals	01/05/96
Explosive Specialists Inc. v. Whaley Construction Co., Inc., - Concurring 03A01-9509-CH-00305 Authoring Judge: Judge Herschel P. Franks Trial Court Judge: Chancellor David H. Cate In this action, plaintiff was awarded judgment for work performed under a contract, and defendant has appealed, insisting that plaintiff did not perform in accordance with the agreement between the parties.	Knox	Court of Appeals	01/03/96
Gordon Burks, v. Belz-Wilson Properties, a joint venture, comprised of Belz Investment Company, et al. 02A01-9411-CV-00254 Authoring Judge: Judge David R. Farmer Trial Court Judge: Judge James M. Tharpe Appellant, Gordon Burks, (Burks) brought this negligence action against Appellee, Pride Construction Company, Inc., (Pride) and various other defendants, in the Circuit Court of Shelby County. Pride's motion for summary judgment was granted and, from that judgment, Burks appeals.	Shelby	Court of Appeals	01/02/96
Penny Campbell, et al., v. Don Sundquist, Governor of the State of Tennessee, et al. - Partially Dissenting 01A01-9507-CV-00321 Authoring Judge: Judge Ben H. Cantrell I respectfully dissent from part I of the majority opinion holding that the appellants have standing to maintain this action under the Declaratory Judgment Act. In my opinion this case does not involve present rights that have accrued under presently existing facts. See Dobbs v. Guenther, 846 S.W.2d 270 (Tenn. App. 1992).	Davidson	Court of Appeals	01/01/96
Exchequer 1982-1 Oil and Gas Drilling Partnership, et al., v. Charles R. Miller, Jr., Citizens Bank of Tennessee and William A. Thorne 01A01-9502-CH-00072 Authoring Judge: Judge Alan E. Highers Trial Court Judge: Chancellor Vernon Neal This case comes before us as an interlocutory appeal pursuant to T.R.A.P. 9. The 1This suit was originally filed by a total of fifteen limited partnerships. The claims of the five Keystone Partnerships; to wit: Keystone 1983-1 Oil and Gas Drilling Partnership; Keystone 1983-2 Oil an Gas Drilling Partnership; Keystone 1984-1 Oil and Gas Drilling Partnership; Keystone 1984-2 Oil and Gas Drilling Partnership; and Midco 1983-1 Oil and Gas Drilling Partnership, are not at issue in this appeal. 2 Appellant, Citizens Bank of Tennessee (hereinafter "Citizens"), appeals the chancellor's denial of its Motion for Summary Judgment against the Plaintiffs below, a group of ten limited partnerships; to wit: Exchequer Associates Oil and Gas Drilling Partnership 1982-1; Exchequer 1983-1 Oil and Gas Drilling Partnership; Exchequer 1983-2 Oil and Gas Drilling Partnerships; Exchequer Synergy 1983-1 Oil and Gas Drilling Partnership; First Energy 1983-1 Oil and Gas Drilling Partnership; First Energy 1984-1 Oil and Gas Drilling Partnership; Overlord 1983-1 Oil and Gas Drilling Partnership; Overlord II 1984-1 Oil and Gas Drilling Partnership; Overlord III 1984 Oil and Gas Drilling Partnership; and Overlord IV 1984 Oil and Gas Drilling Partnership (hereinafter "Partnerships").1	Putnam	Court of Appeals	12/29/95
Indian Hills Club Homeowner's Assn., Inc., v. Clayton L. and Cindy Cooper - Concurring 01A01-9507-CH-00319 Authoring Judge: Judge Alan E. Highers Trial Court Judge: Judge Charles Hill Beaty Indian Hills ClubHomeowners' Association ("Plaintiff"), filed suit against Clayton and Cindy Cooper ("Defendants"), seeking an injunction prohibiting Defendants from building a driveway extension/parking pad and walkway onto their property. The trial court granted Plaintiff a permanent injunction, holding that the proposed construction would violate certain restrictions of record that prohibited any construction or improvements without approval from the Board of Directors of the Indian Hills Homeowners' Association. Defendants have raised three issues for our consideration: (1) whether the Plaintiff's denial of Defendants' application and approval rested upon a lawful and legitimate basis; (2) whether the Board's decision to deny the application was an arbitrary and capricious exercise of control; and (3) whether it would be unfair and inequitable to enforce the restrictive covenant. For the reasons stated herein, we reverse the decision of the trial court and order that the injunction be dissolved.	Sumner	Court of Appeals	12/29/95
02A01-9408-CH-00184 02A01-9408-CH-00184 Trial Court Judge: Joe C. Morris	Shelby	Court of Appeals	12/29/95
Donald L. Mott, Murl Kennamore, and K & M. Petroleum Corp., v. D. Dean Graves and Security Title Insurance Co., Inc. 02A01-9410-CH-00244 Authoring Judge: Judge Alan E. Highers Trial Court Judge: Chancellor John Hill Chisolm Appellant D. Dean Graves ("Graves") appeals the chancellor's decision requiring 2 Graves to specifically perform a contract by purchasing an $85,000 parcel of real estate offered for sale by the Appellees, Donald L. Mott ("Mott") and Murl Kennamore ("Kennamore").	Fayette	Court of Appeals	12/29/95
02A01-9501-CH-00007 02A01-9501-CH-00007 Trial Court Judge: Joe C. Morris	Madison	Court of Appeals	12/29/95
Davis vs. City of Clarksville M1999-00084-COA-R3-CV Authoring Judge: Judge Holly M. Kirby Trial Court Judge: James E. Walton This is a negligence suit under the Tennessee Governmental Tort Liability Act. The plaintiff is a city police officer who was injured while rushing an armed robbery suspect. The plaintiff rushed the robbery suspect when he moved from a position of cover to a position closer to the suspect, after his supervisor motioned him to move forward. The plaintiff sued the city, alleging that his injuries were caused by his supervisor's negligence. The trial court found that the supervisor was negligent and awarded the plaintiff $45,000 in damages. The city appeals. We reverse, finding that the evidence does not support a finding that the supervisor was negligent.	Montgomery	Court of Appeals	12/28/95
Kenneth O. Burnett & Vickie S. Burnett v. Frank E. Krisle & d/b/a Elite Electric - Concurring 01A01-9505-CV-00196 Authoring Judge: Judge Hewitt P. Tomlin Trial Court Judge: Judge Paul R. White Kenneth O. Burnett and Vickie S. Burnett ("plaintiffs") filed suit in the Davidson County Circuit Court against Frank E. Krisle, individually and d/b/a Elite Electric ("defendant") seeking damages resulting from a fire caused by defendant's negligence that destroyed plaintiffs' home. The jury awarded plaintiffs compensatory damages in the amount of $90,733.56, reduced by a finding that plaintiffs were ten percent (10%) at fault. Defendant's motion for a new trial was denied. On appeal defendant has presented three issues for our consideration: (1) whether there was any material evidence in the record to support the jury verdict; (2) whether the trial court erred in refusing to grant defendant a new trial or a remittitur; and (3) whether the trial court erred in refusing to allow defendant to present a witness for testifying after defendant had rested his case. We find no error and affirm.	Davidson	Court of Appeals	12/22/95
02A01-9406-CV-00130 02A01-9406-CV-00130 Trial Court Judge: George H. Brown	Shelby	Court of Appeals	12/21/95
02A01-9408-CV-00196 02A01-9408-CV-00196 Trial Court Judge: Wyeth Chandler	Shelby	Court of Appeals	12/21/95
02A01-9409-CH-00219 02A01-9409-CH-00219 Trial Court Judge: C. Neal Small	Shelby	Court of Appeals	12/21/95
02A01-9302-CV-00039 02A01-9302-CV-00039 Trial Court Judge: James M. Tharpe	Shelby	Court of Appeals	12/20/95
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX		Court of Appeals	12/19/95
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX	Unicoi	Court of Appeals	12/19/95
03A01-9503-CH-00110 03A01-9503-CH-00110	Hamilton	Court of Appeals	12/19/95
03A01-9506-CH-00201 03A01-9506-CH-00201		Court of Appeals	12/19/95
Jimmy France, v. Christine Bradley, Commissioner of Department of Correction, Ned Ray McWherter, Governor of State of Tennessee, et al. 01A01-9508-CH-00335 Authoring Judge: Presiding Judge Henry F. Todd Trial Court Judge: Chancellor Robert S. Brandt The captioned plaintiff has appealed from the judgment of the Trial Court dismissing his suit against the captioned defendants for a declaratory judgment and injunctive relief regarding the constitutionality of application of certain statutes to plaintiff and certain actions, practices and policies of the defendants.	Davidson	Court of Appeals	12/15/95
Lessie Blankenship, v. Century Health Services, Inc. 01A01-9504-00137 Authoring Judge: Senior Judge Hewitt P. Tomlin Trial Court Judge: Judge Lee Russell Lessie Blankenship ("plaintiff") filed suit in the Circuit Court of Bedford County against Century Health Services, Inc. ("Century" or "defendant"), seeking damages for breach of a commercial lease. Following a bench trial, the court awarded plaintiff damages in the amount of $44,943.80 for rent due under the lease, costs incurred by plaintiff in seeking to relet the premises, and attorney fees in the amount of 15% of the amount of the judgment. On appeal, Century presents five issues for review: Whether the trial court erred (1) in finding that Century had assumed the lease between plaintiff and South Central Home Health, Inc. (?South Central”), the original lessee; (2) in concluding that Century had not properly terminated the lease; (3) in finding that plaintiff had properly mitigated her damages; (4) in awarding plaintiff damages for future rent under the lease; and (5) in awarding plaintiff attorney fees in the amount of 15% of plaintiff's judgment. For the reasons hereinafter stated, we affirm in part, reverse in part and remand.		Court of Appeals	12/15/95
Shasta Mead Morey, v. Leslie Charles Morey 01A01-9506-CV-00243 Authoring Judge: Presiding Judge Henry F. Todd Trial Court Judge: Judge Muriel Robinson The defendant, Leslie Charles Morey, has appealed from the judgment of the Trial Court awarding to the plaintiff, Shasta Mead Morey, an absolute divorce, custody of a minor child, child support, a share of marital property, and $3,000.00 attorneys' fees.	Davidson	Court of Appeals	12/15/95
Shelter Insurance Companies, v. Sherrie Marie Hann 01A01-9507-CH-00280 Authoring Judge: Presiding Judge Henry F. Todd Trial Court Judge: Judge William B. Cain The defendant, Sherrie Marie Hann, has appealed from a non-jury judgment in favor of the plaintiff, Shelter Insurance Companies for $5,000 paid to defendant by mistake. As indicated in the caption, this was a proceeding in Chancery Court.	Maury	Court of Appeals	12/15/95