COURT OF APPEALS OPINIONS

John T. Meador and wife, Pelea E. Meador, v. Charles E. Johnson and James O. Campbell v. Millard P. Oakley
03A01-9510-CH-00362
Authoring Judge: Per Curiam
Trial Court Judge: Chancellor Frank V. Williams III

This case originated i the trial court as a boundary line dispute. Before we examine the merits of the issues raised on appeal, however, it is necessary for us to address a preliminary issue, i.e., was a notice of appeal timely filed. If a notice of appeal was not timely filed, we have no jurisdiction to entertain this appeal. See Rule 4, Tennessee Rule s of Appellate Procedur e .

John P. Squibb, Martha Jo Squibb and James H. Widener v. Ted C. Smith and Rose E. Smith - Concurring
03A01-9609-CH-00291
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Thomas J. Seeley

This action was instituted by the plaintiffs to recover a prorata share of monies they were required to pay on a guaranty agreement where in the defendants were co-guarantors. The trial court found that  there were three co-guarantors, Mr. Squibb, James H. Widener and Ted C. Smith (defendant).  He apportioned liabilit y equally among the three.  The court found that the purported signature of Ms. Smith on the guaranty agreement was not her signature.  The case was dismissed as to the defendant, Rose E. Smith.  No appeal was taken from the action of the court dismissing the case as to Ms. Smith.  Judgment was entered in favor of the plaintiffs, John P. Squibb and wife Martha Jo Squibb, in the amount of $45, 402.04 plus prejudgment interest at the rate of 10% per annum from April 10, 1991 to April 9, 1996, in the amount of $22, 701.02 for a total judgment of $68, 103.06.  A like judgment was entered in favor of the plaintiff, Widener.  From these judgments, the defendant appeals.  We affirm the judgment of the trial court.

Harry Gray Smith, v. City of Knoxville, Code Enforcement
03A01-9609-CH-0287
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Sharon Bell

This is an action for damages for personal injury and the negligent, mailicious, and wrongful destruction of real and personal property of the plaintiff, Harry Gray Smith. Plaintiff filed suit in the Chancery Court for Knox County alleging that the defendant destroyed three pieces of his property, located at 1417 Magnolia Avenue, 1421 Magnoli Avenue, and 400 Winona Street North, without preper notice. Plaintiff claimed that, not withstanding a "No Trepassing" sign he had erected on the premises, employees of the City destroyed the structure without service of any final condemnation or demlition notice. He further asserts that the defendant refused to allow him to remove medical equipment from one of the structures in which he was living. He further alleged that as a result of the demolition and verbal threats of bodily harm which he claims were made by agents of the defendant, laintiff suffered a heart attack necessitating hospitilization.

Sam Posey, Danny Todd, Billy Chitwood, and Jimmy Porter, v. City of Memphis Tennessee, et al.
02A01-9603-CH-00058
Authoring Judge: Judge David R. Farmer
Trial Court Judge: C. Neal Small

The appellants to this action are either current or retired firemen for the Division of Fire Services of Memphis, Tennessee (Division).1 They appeal from a judgment of the trial court in favor of Appellees, City of Memphis, Tennessee (City), the Division, Dr. W. W. Herenton, Mayor, Westelle Florez, Director of the Division of Personnel, and Charles Smith, Director of the Division, on their action seeking declaratory and injunctive relief regarding the appellees’ method of computing pension benefits for those firefighters employed by the City for 30 or more years. After review of the record, we vacate the judgment of the trial court and remand this cause for further proceedings consistent with this opinion. We set forth our reasons below.

Howard A. Woods, v. M.T.C. Management and Solomon Management
02A01-9607-CH-00155
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Neal Small

The issue before this Court is whether the trial court erred in dismissing Plaintiff’s suit for lack of jurisdiction. Plaintiff sued the defendants alleging he was wrongfully evicted from property located at 3211 Ashwood, Memphis, Tennessee. He further alleged that the defendants were in further violation of the Uniform Residential Landlord and Tenant Act set forth at T.C.A. § 66-28-101 et seq. as follows: § 66-28-501 (noncompliance with rental agreement by landlord); § 66- 28-502 (failure to supply essential services) and § 66-28-504 (unlawful ouster, exclusion, or diminution of service).

Eastera Bell Porter, Individually and as Surviving Spouse and Next Friend of Jasper D. Porter, Deceased, v. Jesse McGee, M.D., and Methodist Hopsitals of Memphis, Inc. and Mahfuzur Rahman, M.D.
02A01-9509-CV-00204
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Robert A. Lanier

The sole issue in this appeal is whether the trial court abused its discretion in denying the motion filed by Appellant, Eastera Bell Porter, individually and as surviving spouse and next friend of Jasper D. Porter, deceased, under Rule 60 T.R.C.P., to set aside the summary judgments entered in favor of the appellees, Jesse McGee, M.D. and Methodist Hospitals of Memphis (Methodist). After review of the record, we find an absence of abuse by the trial court in this regard and affirm. We set forth our reasons below.

02A01-9601-CV-00009
02A01-9601-CV-00009

02A01-9601-CV-00009
02A01-9601-CV-00009

03A01-9607-CV-00241
03A01-9607-CV-00241
Trial Court Judge: Charles S. Sexton

03A01-9607-CV-00218
03A01-9607-CV-00218
Trial Court Judge: Inman

Participated In The Case of Jones v. Greene, App. No. 01A01-9505-Ch-00187 (Tenn.
01A01-9505-CH-00194
Trial Court Judge: Ben H. Cantrell

01A01-9606-CH-00275
01A01-9606-CH-00275
Trial Court Judge: Robert S. Brandt

01A01-9609-CH-00433
01A01-9609-CH-00433
Trial Court Judge: Billy Joe White

01A01-9609-CV-00390
01A01-9609-CV-00390
Trial Court Judge: Muriel Robinson

01A01-9505-CH-00194
01A01-9505-CH-00194
Trial Court Judge: Irvin H. Kilcrease, Jr.

01A01-9607-CV-00322
01A01-9607-CV-00322
Trial Court Judge: Don R. Ash

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

03C01-9602-CC-00051
03C01-9602-CC-00051
Trial Court Judge: Ben W. Hooper, II

Dept. of Children's Services vs. D.S.
M2000-02380-COA-R3-JV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Betty Adams Green
The parental rights of the petitioner (Mother) to her child , "R.", born January 29, 1997 during her Mother's incarceration, were terminated upon a finding that statutory grounds therefore were proved by clear and convincing evidence. Weighing very carefully the Mother's constitutional right to care for her child, on the one hand, and the best interests of the child, on the other, we vacate the judgment and remand for further proceedings.

Monica R. Williams, v. Claude Williams
02A01-9604-CV-00088
Authoring Judge: Judge David R. Farmer

Claude D. Williams (Husband) appeals from the trial court’s award of rehabilitative alimony to be paid to Monica R. Williams (Wife) at $500 per month for eighteen months. This was a marriage of approximately five years duration. Wife was a junior in college attending school full-time and working two part-time jobs. She testified that her net income was $880 and her expenses $1,507 per month. Husband has an engineering degree and earns approximately $38,000 annually. No children were born to the marriage. Wife was granted the divorce on the grounds of inappropriate marital conduct.

01A01-9512-CV-00548
01A01-9512-CV-00548
Trial Court Judge: Henry Denmark Bell

01A01-9607-CH-00298
01A01-9607-CH-00298
Trial Court Judge: Cornelia A. Clark

01A01-9606-CV-00284
01A01-9606-CV-00284
Trial Court Judge: Barbara N. Haynes