COURT OF APPEALS OPINIONS

Ricky Lee Oldham v. Tennessee Department of Correction
M1998-00852-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Carol L. McCoy

This appeal involves a dispute between an inmate and the Tennessee Department of Correction (“Department”) regarding deductions from the inmate’s trust account to pay the court costs stemming from his criminal conviction. After his inmate grievance proved unsuccessful, the inmate filed a petition for a declaratory order in the Chancery Court for Davidson County seeking a declaration that the Department could not deduct funds from his inmate trust account without a court order. The trial court dismissed the inmate’s petition because it did not state that the inmate had previously sought a declaratory order from the Department. The inmate asserts on this appeal that he should be excused from this requirement because he is undertaking to represent himself and because his grievance was tantamount to a petition for a declaratory order. We affirm the dismissal of the inmate’s complaint in accordance with Tenn. Ct. App. R. 10(b).1

Whitaker vs. Whirlpool, et al
M1999-00231-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Ellen Hobbs Lyle

M1999-00228-OCA-R3-CV
M1999-00228-OCA-R3-CV
Trial Court Judge: Muriel Robinson

McKinney vs. Jarvis
M1999-00565-COA-R9-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Russell Heldman

Nashville Clubhouse Inn, et al vs. Johnson
M1998-00898-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Carol L. Mccoy

State Auto Ins. Co. vs. Bishop
M1998-00900-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Patricia J. Cottrell

Jackson vs. Futrell
M1999-01046-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Allen W. Wallace

Ward vs. TN Bd. of Paroles
M1999-02478-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen Hobbs Lyle

Ahmad Ben Nama and Kahled Abed v. Aymanayoub, d/b/a Limited Auto Sales - Concurring
M 1999-00171-C O A -R 3-C
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Irvin H. Killcrease, Jr.

This is an appeal from the chancellor’s denial of Defendant’s motion to alter or amend findings of fact. The question to be answered is whether the “newly discovered evidence rule”  would allow the presentation post-trial of evidence which the proponent concedes he could have produced at trial. The defendant contends that evidence which tends to show misrepresentation on the part of a nonmovant should be allowed under a motion pursuant to Tenn. R. Civ. P. 52, 59 and 60 regardless of whether it was discoverable at trial. Under the circumstances of the case at bar, we cannot agree.

Scott Graham Hartman, Kay Hartman, his mother and duly qualified conservator and guardian, and Cleon Hartman, v. The University of Tennessee and State of Tennessee
M1999-02730-COA -R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Commissioner W. R. Baker

For the second time, the claimants appeal a decision of the Tennessee Claims Commission deny ing them recovery from the University of Tennessee and the State of Tennessee of $1,026,666 in medical expenses allegedly paid by BellSouth Corporation under an ERISA plan with BellSouth alleged to be subrogee of such pay ments.

E1999-1529-COA-R3-CV
E1999-1529-COA-R3-CV

Frankie Pauline Maples vs. Frank Allen Maples
E1999-00550-COA-R3-CV
Authoring Judge: Judge David Michael Swiney

Ronald Stephen Satterfield, vs. Gary Long and Richard M. Smith
E1999-00349-COA-R3-CV

David Frounfelker v. Identity Group, Inc.
M2001-02542-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Vernon Neal

E1999-00590-COA-RC-CV
E1999-00590-COA-RC-CV

E1999-01782-C0A-R3-CV
E1999-01782-C0A-R3-CV

E1999-00686-COA-R7-CV
E1999-00686-COA-R7-CV
Authoring Judge: Judge Charles D. Susano, Jr.

Vera Elizabeth Thomas vs. Kenneth Lamar Thomas
E1999-00563-COA-R3-CV
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor W. Frank Brown, III

In this divorce action, the husband appealed from the award of alimony
to the wife.

Vera Elizabeth Thomas vs. Kenneth Lamar Thomas
E1999-00563-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks

E1999-01346-C0A-R3-CV
E1999-01346-C0A-R3-CV
Trial Court Judge: Jerri S. Bryant

Francis Ione Lethcoe, et al vs. Ricky Ray Holden, et ux , et al
E1999-02319-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
American Showbar Series, Inc. d/b/a Show Palace, Michael L. Grubb and Linda Strouth vs. Sullvan Co, TN , Robert Walling d/b/a Bottoms up Club, Robert Walling and Linda A. Strouth vs. Sullivan Co., TN and the State of Tn Atty General

E1999-00332-C0A-R3-CV
E1999-00332-C0A-R3-CV

Karon Spicer vs. James Spicer
M1999-01285-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Leonard W. Martin
In this divorce case, the husband challenges only the trial court's refusal to award him a portion of the wife's retirement account. Although retirement benefits earned during a marriage are marital property, we find the division of property to be equitable and affirm.

Mary Ruth Willis vs. University Health System
E2004-00259-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Harold Wimberly
Plaintiff added defendant to suit pursuant to Tenn. R. App. P. Rule 15 after statute of limitations expired. The Trial Court granted defendant summary judgment. On appeal, we affirm.

Pike vs. John Maher Builders, Inc.
M1999-00094-COA-R3-CV
Authoring Judge: Judge David R. Farmer