COURT OF APPEALS OPINIONS

William Sims vs. Eddie Stewart
W1998-00560-COA-R3-CV
Trial Court Judge: Dick Jerman, Jr.

Gibson Court of Appeals

Frank Morimanno vs. Tommy Middleton
W1998-00563-COA-R3-CV
Trial Court Judge: Joe C. Morris

Henderson Court of Appeals

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

Shelby Court of Appeals

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

Shelby Court of Appeals

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

Shelby Court of Appeals

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

Shelby Court of Appeals

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

Shelby Court of Appeals

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

Shelby Court of Appeals

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

Shelby Court of Appeals

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

Knox Court of Appeals

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

Loudon Court of Appeals

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

Weakley Court of Appeals

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

Court of Appeals

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

Marion Court of Appeals

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

Court of Appeals

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

Davidson Court of Appeals

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

Cheatham Court of Appeals

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

Davidson Court of Appeals

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

Wilson Court of Appeals

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

Davidson Court of Appeals

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

Court of Appeals

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

Anderson Court of Appeals

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?

Hamblen Court of Appeals

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.

Court of Appeals

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

Davidson Court of Appeals