COURT OF APPEALS OPINIONS

William Hall vs. Don Shaw
02A01-9810-CH-00288
Trial Court Judge: D. J. Alissandratos

Shelby Court of Appeals

Sullivan vs. Baptist Memorial Hospital
02S01-9804-CV-00032

Court of Appeals

Jerry Nelms as next of kin and Executor of the Estate of Inez Nelms v. Walgreen Company
02A01-9805-CV-00137
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge John R. McCarroll, Jr.

Plaintiff Jerry Nelms, as next of kin and executor of the estate of his deceased wife,
Inez Nelms, appeals the trial court’s judgment awarding him the sum of $25,000 in compensatory damages but denying his request for punitive damages. We affirm the trial court’s judgment based upon our conclusion that the court properly directed a verdict in favor of Defendant/Appellee Walgreen Company on the Plaintiff’s claim for punitive damages.

Shelby Court of Appeals

William K. Buchanan Jr., v. Kathy Young and Donnie Young - Concurring
03A01-9811-CV-00387
Authoring Judge: Judge William H. Inman
Trial Court Judge: Judge J. Curtis Smith

The plaintiff, a resident of Hawaii, contracted to buy D & K  Auto Salvage from the defendants in August 1994, for $450, 000.00.  He employed Tom Gargone to manage the business.

Rhea Court of Appeals

Linda McDade and Gary Grooms, v. R. Henry Ivey
02A01-9805-CV-00124
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Lee Moore

This is a breach of contract case. The plaintiffs and the defendant orally agreed to each submit applications to the Federal Communications Commission (“FCC”) to obtain a license to construct and maintain cellular phone operations. The parties agreed to share the profits if any one of them was awarded a license. The defendant was awarded a license, and the plaintiffs sued to enforce the agreement. The trial court granted summary judgment to the defendant finding the contract was illegal under FCC rules and therefore unenforceable. The plaintiffs appeal. We affirm.

Obion Court of Appeals

Carl Hanks v. State of Tennessee
02A01-9810-BC-00295
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Commissioner Martha Brasfield

This appeal is brought from the Claims Commission’s order dismissing the 2 appellant’s petition. Petitioner, a Tennessee Department of Correction inmate, was attacked by another inmate and sustained injuries as a result. Petitioner alleged in his complaint that the State of Tennessee was negligent in not providing adequate security. For the following reasons we affirm the Claims Commission’s order granting the State’s motion for summary judgment

Jackson Court of Appeals

Carolyn Whitemore v. Diane Jones
02A01-9901-CV-00002
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Jon Kerry Blackwood

Defendant Diane Jones (“Jones” or “Appellant”) appeals the judgment of the trial court awarding Plaintiff Carolyn Whitemore (“Whitemore” or “Appellee”) the sum of $1,250.00 as reimbursement for money given to Jones by Whitemore for investment in an illegal “pyramid scheme.”

Hardeman Court of Appeals

Jennitia Jane Blanton Isbell v. Larry Euniel Isbell
02A01-9708-CH-00188
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Joe C. Morris

This is a divorce case. In dividing marital property, the trial court awarded the wife 50.5% of the marital property and awarded the husband 49.5%. The trial court did not award the wife alimony or attorney’s fees. The wife now appeals the division of marital property, and the failure to award alimony and attorneys’ fees. We affirm.

Madison Court of Appeals

HBO Direct, Inc., v. Ruth E. Johnson, Commissioner of Revenue, State of Tennessee
01A01-9804-CH-00221
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This case involves a contest of Tennessee sales and use tax assessed by the defendant Tennessee Commissioner of Revenue. The plaintiff satellite programming television company argues that its services are not taxable telecommunications because, as “broadcast[s] . . . for public consumption,” the satellite television services are excluded from the definition of taxable telecommunications. The trial court granted summary judgment in favor of the plaintiff satellite programming television company. The defendant Commissioner appeals. We affirm.

Davidson Court of Appeals

Carl Milliken v. Steven Feldt, Lori Feldt, and Robert Gaskin, Individually
01A01-9806-CV-00271
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Thomas Goodall

This case involves an appeal from the SumnerCounty Circuit Court’s de novo review of a case from General Sessions Court, in which only one of the General Sessions Defendants perfected an appeal to circuit court.

Sumner Court of Appeals

Cheryl Lynn (Douglas) Humphrey v. David Arnold Humphrey
01A01-9802-CV-00109
Authoring Judge: Judge Thomas Goodall
Trial Court Judge: Judge Patricia J. Cottrell

Appellant David A. Humphrey commenced this pro se appeal to challenge the trial court's Final Decree granting a divorce to Appellee Cheryl Lynn (Douglas) Humphrey on the ground of inappropriate marital conduct. He asserts that the divorce should have been granted to him or the court should have simply declared the parties divorced. He also challenges the trial court’s child custody and visitation order, asking that in person visitation be required. Finally, he objects to the assessment of costs against him.

Sumner Court of Appeals

Willie Vann vs. Calvin Howell
02A01-9809-CV-00246
Trial Court Judge: James E. Swearengen

Shelby Court of Appeals

Butler vs. TDOC
01A01-9808-CH-00428

Court of Appeals

Baker vs. Mundaca Investment Corp.
01A01-9809-CH-00498
Trial Court Judge: Carol L. Mccoy

Davidson Court of Appeals

Duvall vs. Mobley
01A01-9810-CV-00530
Trial Court Judge: Patricia J. Cottrell

Davidson Court of Appeals

In re: The Estate of Carlton Agib Blessing
01A01-9810-PB-00550

Court of Appeals

Dotson vs. TDOC
01A01-9811-CV-00596

Court of Appeals

Montz vs. Montz
01A01-9812-CV-00635
Trial Court Judge: Marietta M. Shipley

Davidson Court of Appeals

Simpson vs. Bicentennial Volunteers
01A01-9809-CV-00493
Trial Court Judge: Barbara N. Haynes

Davidson Court of Appeals

Lemay vs. State
01A01-9807-CH-00397
Trial Court Judge: Carol L. Mccoy

Davidson Court of Appeals

Anderson vs. Anderson
03A01-9810-CV-00366

Court of Appeals

Anderson vs. Anderson
03A01-9810-CV-00366

McMinn Court of Appeals

West American Ins. vs. Patricia Perkins
02A01-9712-CV-00326
Trial Court Judge: James E. Swearengen

Shelby Court of Appeals

Jessica Weil vs. John Gaia, etc.
02A01-9804-CV-00098
Trial Court Judge: Kay S. Robilio

Shelby Court of Appeals

02A01-9805-CV-00136
02A01-9805-CV-00136
Trial Court Judge: Jon Kerry Blackwood

Fayette Court of Appeals