COURT OF APPEALS OPINIONS

01A01-9603-CV-00118
01A01-9603-CV-00118


Trial Court Judge: Marietta M. Shipley

01A01-9603-CV-00119
01A01-9603-CV-00119


Trial Court Judge: Walter C. Kurtz

01A01-9603-CH-00113
01A01-9603-CH-00113


Trial Court Judge: James L. Weatherford

01A01-9602-CV-00075
01A01-9602-CV-00075


Trial Court Judge: Jim T. Hamilton

01A01-9603-CH-00105
01A01-9603-CH-00105


Trial Court Judge: Joe C. Loser

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

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

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

02A01-9506-CH-00127
02A01-9506-CH-00127

02A01-9501-CH-00006
02A01-9501-CH-00006


Trial Court Judge: Hansel J. Mcadams

02A01-9505-CH-00104
02A01-9505-CH-00104


Trial Court Judge: Floyd Peete, Jr.

02A01-9506-CV-00141
02A01-9506-CV-00141


Trial Court Judge: George H. Brown

01A01-9510-CH-00444
01A01-9510-CH-00444


Trial Court Judge: Cornelia A. Clark

01A01-9603-CH-00135
01A01-9603-CH-00135


Trial Court Judge: Irvin H. Kilcrease, Jr.

01A01-9604-CH-00189
01A01-9604-CH-00189


Trial Court Judge: Robert S. Brandt

01A01-9601-CH-00028
01A01-9601-CH-00028


Trial Court Judge: Horace Pierotti

01A01-9603-CH-00133
01A01-9603-CH-00133


Trial Court Judge: Irvin H. Kilcrease, Jr.

Ali Agha Batebi, v. Patrick Wayne Clark and The Krystal Company
02A01-9410-CV-00228

Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge James M. Tharpe

In this case, the defendant, The Krystal Company (Krystal), appeals a jury verdict holding it liable for personal injuries received by the plaintiff, Ali Agha Batebi (Batebi), from a criminal assault by a third party while on Krystal's property. We affirm.

Billy Gwin Mitchell, v. Sam F. Cole, Jr., Substitute Trustee, Estate of Pudence Reynolds, and Gerald W. PIckens, Administrator, CTA
02A01-9503-CH-00060

Authoring Judge: Senior Judge Hewitt P. Tomlin
Trial Court Judge: Chancellor Russell Fowler

The original plaintiff in this case, Billy Gwin Mitchell (“plaintiff” or “Mitchell”) filed suit in the Chancery Court of Shelby County seeking to enjoin the foreclosure of a deed of trust. Named as defendants were Sam F. Cole, Jr., Substitute Trustee  f the Estate of Prudence Reynolds, and Gerald W. Pickens, Administrator CTA (“defendants” or by name). Defendants filed an answer and a counter-complaint in which they contended, among other things, that the records of Mitchell’s Chapter 11 bankruptcy case reflected Mitchell’s confirmed amended plan of reorganization mandated that Mitchell pay the mortgage indebtedness to Ms. Reynolds in accordance with the terms of the promissory note. As counter-plaintiffs, Cole and Pickens sought a money judgment for the principal balance due and owing on the note, plus accrued interest and attorney’s fees and costs. At the conclusion of all the proof, the case was submitted to a jury, and after issues of fact had been resolved, the special chancellor entered a judgment in favor of the Reynolds estate in the amount of $41,101.64 on the promissory note and attorney’s 2 fees in the amount of $21,900.00.

Nina Alice Kimble, v. Michael Wayne Kimble
02A01-9503-CV-00049

Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Kay S. Robilio

The gravamen of this appeal is child support. Nina Alice Kimble and Michael Wayne Kimble were married in 1985, divorced in 1992 and will be referred to as Wife and Husband, respectively. When  hey married, Wife had a son from a previous marriage and Husband a daughter. Husband adopted the son but Wife did not adopt the daughter.

Billy Gwinn Mitchell, v. Sam F. Cole Jr. Substitute Trustee, Estate of Prudence Reynolds, and Gerald W. PIckens, Administrator CTA
02A01-9503-CH-00060

Authoring Judge: Senior Judge Hewitt P. Tomlin, Jr.
Trial Court Judge: Chancellor Russell Fowler

The original plaintiff in this case, Billy Gwin Mitchell (“plaintiff” or “Mitchell”) filed suit in the Chancery Court of Shelby County seeking to enjoin the foreclosure of a deed of trust. Named as defendants were Sam F. Cole, Jr., Substitute Trustee of the Estate of Prudence Reynolds, and Gerald W. Pickens, Administrator CTA (“defendants” or by name). Defendants filed an answer and a counter-complaint in which they contended, among other things, that the records of Mitchell’s Chapter 11 bankruptcy case reflected Mitchell’s confirmed amended plan of reorganization mandated that Mitchell pay the mortgage indebtedness to Ms. Reynolds in accordance with the terms of the promissory note. As counter-plaintiffs, Cole and Pickens sought a money judgment for the principal balance due and owing on the note, plus accrued interest and attorney’s fees and costs. At the conclusion of all the proof, the case was submitted to a jury, and after issues of fact had been resolved, the special chancellor entered a judgment in favor of the Reynolds estate in the amount of $41,101.64 on the promissory note and attorney’s 2 fees in the amount of $21,900.00.