COURT OF APPEALS OPINIONS

Michael Keith Newcomb and wife Caroline Newcomb, Darden E. Davis and wife, Ann J. Davis, v, William Gonser, and wife Lois Gonser and Christopher Gonser, and wife Lisa Gonser, and Shirley Zeitlin & Company
01A01-9705-CH-00220
Authoring Judge: Judge Walter W. Bussart
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This is an appeal by plaintiffs/appellants, Michael and Caroline Newcomb and Darden and Ann Davis, from the decision of the Davidson County Chancery Court granting the motion for summary judgment filed by defendants/appellees William and Lois Gonser. The facts out of which this matter arose are as follows

Grei S. Hinsen, v. Mark E. Meadors, Individually and D/B/A MEM Contractors, and Hailey Brown
01A01-9811-CH-00583
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Carol L. McCoy

This is an action by a homeowner against a remodeling contractor and a painter for the failure of the paint inside the house. The Chancery Court of Davidson County dismissed the homeowner’s claims. We affirm.

Tim Taylor v. Robert L. Morris and Terry Muncey - Concurring
01A01-9804-CH-00211
Authoring Judge: Judge Farmer

Defendant Terry Muncey appeals, and Plaintiff Tim Taylor cross-appeals, the trial court’s judgment awarding Muncey $1000 in damages on his counterclaim for wrongful injunction against Taylor. We reverse the trial court’s judgment based upon our conclusion that Muncey failed to meet his burden of proving the elements of his claim for wrongful injunction.

Michael King v. TFE, Inc.
01A01-9711-CV-00624
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Jim T. Hamilton

In this action filed against TFE, Inc. (hereafter “TFE”), Michael King appeals the trial court’s grant of summary judgment to TFE as related to King’s claims for breach of an alleged employment contract. The trial court granted TFE’s motion for summary judgment based on the court’s conclusion that an employee handbook distributed by TFE did not constitute an employment contract. For the reasons hereafter stated, we affirm the trial court’s grant of summary judgment.

Tire Shredders vs. ERM
02A01-9803-CV-00058
Trial Court Judge: James F. Russell

Edwin Elam vs. Martha Elam
02A01-9812-CH-00362
Trial Court Judge: Dewey C. Whitenton

02A01-9908-CH-00237
02A01-9908-CH-00237

James Cozart vs. Lynn Cozart
02A01-9810-CV-00285
Trial Court Judge: James F. Russell

Lee Simmons vs. City of Lexington
02A01-9810-CH-00282
Trial Court Judge: Joe C. Morris

Doe vs. HCA Health Services of TN
01A01-9806-CV-00306
Trial Court Judge: Hamilton V. Gayden, Jr.

Kesterson vs. Dept. of Safety
01A01-9805-CH-00256

Wilson vs. Dept. of Corrections
01A01-9806-CH-00302

Curtis vs. Curtis
01A01-9810-CV-00566
Trial Court Judge: Muriel Robinson

Gipson vs. Taylor
01A01-9811-CH-00611

Victoria Robbins vs. Bill Wolfenbarger, D/B/A Wolf's Motors and Sam Horne
E1999-02012-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Dale Young
Plaintiff Robbins filed a complaint for damages against Wolfenbarger and Horne, alleging breach of contract, intentional misrepresentation and negligence, per se. On August 26, 1999, an Order of Compromise and Dismissal was entered as to Wolfenbarger individually and d/b/a Wolf Motors. Horne did not file an answer during the time allowed by the Rules of Civil Procedure, and Robbins filed a motion for default judgment on July 9, 1999. Horne wrote a letter to the plaintiff's attorney in response to the complaint and summons, postmarked July 16, 1999. The letter was forwarded to the Clerk of the Court for filing by plaintiff's counsel's letter dated July 30, 1999. On August 27, Robbins' Motion for Default Judgment was heard, but Horne who had notice did not attend. A default judgment was entered against Horne and the Trial Court subsequently overruled Horne's Motion to Set Aside the Default. Horne has appealed. We affirm the judgment of the Trial Court.

William Terry Wyatt vs. Billie Carey
03A01-9809-CV-00307

Begley Lumber Company, Inc. vs. Wendell Trammell
03A01-9902-CH-00047

Gregory B. Hinton vs. City of Chattanooga
03A01-9901-CV-00013

Nationsbank, N.A. vs. FormPak, Inc. & Ron Campbell
03A01-9808-CH-00279

Nationsbank, N.A. vs. FormPak, Inc. & Ron Campbell
03A01-9808-CH-00279

Saul T. Mallen (Sports-Wear Mills, Inc.) vs. PI, Inc.
03A01-9811-CH-00364

John Seals vs. James Bowlen, Warden, et al
M1999-00997-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Ellen Hobbs Lyle
Petitioner, a state inmate, filed the underlying pro se petition for a writ of certiorari to challenge the result of a disciplinary proceeding against him. The trial court dismissed the suit for failure to state a claim. We reverse the dismissal of all parties except the Department of Correction and affirm the dismissal for failure to state a claim.

Robert Odom v. Mary Odom
M1999-02811-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Allen W. Wallace
This appeal involves a bitter custody dispute over three children between the ages of nine and fourteen. During the divorce proceeding in the Chancery Court for Dickson County, the parties agreed that the mother would have custody of the children and also agreed on visitation arrangements that accommodated the mother's planned move to another state. Several months after the entry of the divorce decree, the father petitioned to change custody and to hold the mother in contempt for interfering with his relationship with the children. During the ensuing three years, the parties traded allegations of sexual and physical abuse of the children and other misconduct. Following a bench trial in December 1998, the trial court found that there had been a material change in the children's circumstances and granted the father custody of the children. On this appeal, the mother asserts that she was denied due process by the trial court's refusal to require the parties and their children to undergo a psychological examination and that the trial court unlawfully delegated its judicial authority to a psychologist who had been counseling the children. We have determined that the mother received an essentially fair hearing on this custody dispute and, therefore, affirm the trial court.

Tonya Davis vs. University Phy.
02A01-9812-CV-00346
Trial Court Judge: Robert A. Lanier

Ronnie Bradfield vs. City of Memphis
02A01-9808-CV-00220
Trial Court Judge: Karen R. Williams