COURT OF APPEALS OPINIONS

Brenda Sneed vs. Thomas Stovall
W1998-00607-COA-R9-CV
Trial Court Judge: Karen R. Williams

Carlos Well vs. Hammet & Sons
W1998-00571-COA-R3-CV
Trial Court Judge: James E. Swearengen

Katherine Jarred vs. Kistie Hendrix
W1998-00550-COA-R3-CV
Trial Court Judge: James E. Swearengen

Tennessee Bank/Trust vs. Paragon Paint
W1998-00556-COA-R3-CV
Trial Court Judge: D'Army Bailey

David Gross vs. Sheriff A.C. Gilless
W1998-00548-COA-R3-CV
Trial Court Judge: Floyd Peete, Jr.

Lezley Johnson vs. Kenneth Downing
W1998-00549-COA-R3-CV
Trial Court Judge: John R. Mccarroll, Jr.

Lorenzo Childress vs. Union Realty
W1998-00658-COA-R3-CV
Trial Court Judge: George H. Brown

Perkins vs. Dept. of Employment Security & Sports Belle, Inc.
03A01-9903-CH-00106

Mark Matlock D/B/A MSM Development vs. Lenoir City Board of Zoning
03A01-9904-CV-00132

Janet Scarbrough vs. Edd Scarbrough
W1998-00167-COA-R3-CV
Trial Court Judge: William Michael Maloan

03A01-9903-CH-00120
03A01-9903-CH-00120

Continental Land Co. vs. Investment Properties Co.
M1998-00431-COA-R3-CV

Slate vs. State
M1998-00434-COA-R3-CV

Davis vs. Dept. of Employment Security
M1996-00021-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Robert S. Brandt

White (Deerman) vs. White
M1999-00005-COA-R3-CV
Trial Court Judge: Allen W. Wallace

Moore vs. Moore
M1999-01680-COA-R3-CV
Trial Court Judge: Muriel Robinson

15th Jud. Dist. Unified Bar Assoc. vs. Glasgow
M1996-00020-COA-R3-CV
Trial Court Judge: C. K. Smith

Davis vs. Dept. of Employment Security
M1996-00021-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Robert S. Brandt

Kim Nuchols (Walker) vs. Benny Nuchols
03A01-9901-GS-00007

03A01-9902-CH-00045
03A01-9902-CH-00045

Westside Health and Raquet Club, Inc., v. Jefferson Financial Services, Inc.
E1998-00412-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor Thomas R. Frierson

Westside Health & Racquet Club, Inc. (“Westside”) filed this action against Jefferson Financial Services, Inc. (“ Jefferson”). Westside’s theory of its claim -- which theory was adopted by the trial court -- is that Westside’s transfer to Jefferson, over time, of some 495 installment sales
contracts was, in each case, part and parcel of a usurious loan made by Jefferson to Westside, rather than a sale of the contract. The trial court awarded Westside damages of $68,519.71 for usurious interest, which was enhanced by a further award of pre-judgment interest pursuant to T.C.A. § 47-14-123 (1995)1. Jefferson appeals, raising several issues. The issue that we will focus on can be stated thusly: Does the Retail Installment Sales Act, T.C.A. § 47-11-101, et seq., (“ the Act”) operate to exempt the dealings between these parties from Tennessee’s usury statutes?

State of Tennessee, et al., Coretta Scott King, v. Lloyd Jowers
W1999-00984-COA-R10-CV
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge James F. Swearengen

On December 1, 1999, the State of Tennessee on behalf of the appellants Judge James Beasley, Judge Robert T. Dwyer and Mark Glankler, filed a Rule 10 T.R.A.P. application for Page 1 extraordinary appeal. Specifically, the State sought to set aside the trial court’s order denying the State’s motion to quash the subpoenas served on the aforementioned appellants.

Randy Hill, v. Tennessee Board of Paroles, et al.
M1997-00065-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal involves a state prisoner’s efforts to be paroled from an eight-year sentence for aggravated child abuse. After the Tennessee Board of Paroles declined to parole him, the prisoner filed a certiorari petition in the Chancery Court for Davidson County seeking judicial review of the Board’s decision. The trial court dismissed the petition on the grounds that it was not timely filed. We affirm the trial court in accordance with Tenn. Ct. App. R. 10(b).1

Terry Compton v. Tennessee Department of Correction and Nashville Community Service Center
M1997-00066-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Walter C. Kurtz

This appeal involves a state prisoner’s efforts to obtain judicial review of a disciplinary action taken by the Nashville Community Service Center. After the Commissioner of Correction upheld the finding that he been drinking while on work release, the prisoner filed a petition for writ of certiorari in the Circuit Court for Davidson County. The trial court clerk refused to file the petition and required the prisoner to file a second petition because the pauper’s oath accompanying the first petition was not on the proper form and had not been notarized. Thereafter, the trial court granted the Department of Correction’s motion to dismiss the second petition because it was not timely filed. We have determined that the trial court clerk exceeded his authority when he declined to accept and file the prisoner’ petition and, therefore, that the trial court erred by dismissing the petition.

Robert Bean, Franklin Shaffer, David Autrey, Mack Roberts, Kevin Antle, Tom NIchols, Tammie P. Beasley, and Roxanne Luce, v. Ned Ray McWherter, Governor, State of Tennessee et al.
M1999-01493-COA-R3-CV
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This is a constitutional challenge to an Act of the legislature regulating the possession and sale of animals. Owners, dealers, and licensed propagators of various wildlife species challenged the Act on grounds that it is vague, overbroad, and a burden on interstate commerce. The Chancery Court of Davidson County rejected the constitutional challenge. We affirm the decision on the vagueness and overbreadth charge. We think, however, that there are disputed facts bearing on the question of whether parts of the Act impermissibly burden interstate commerce. We, therefore,  remand for further proceedings on that issue.