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Merrimack Mutual Fire Ins. Co. vs. Gloria Batts M1999-00078-COA-R3-CV Authoring Judge: Judge William C. Koch, Jr. Trial Court Judge: Carol L. Mccoy This appeal involves a dispute between a homeowner and her insurance company regarding the damages to her house caused by the tornado that struck Nashville on April 16, 1998. When they could not agree on the amount of the loss, both parties invoked the insurance policy's provision for the appointment of appraisers. After the parties' two appraisers could not agree on the amount of the loss, the two appraisers selected a third appraiser who eventually agreed with the homeowner's appraiser regarding the amount of the loss. The insurance company filed suit in the Chancery Court for Davidson County, seeking a declaratory judgment that it was required to pay the homeowner less than one-half of the amount of the loss calculated by the two appraisers. Both parties filed motions for partial summary judgment. The trial court granted the insurance company's motion, concluding that the insurance policy's appraisal clause was not an agreement for binding arbitration and that the appraisers had not been empowered to determine whether parts of the claimed damage had been caused by a peril covered by the policy. The homeowner takes issue with both of the trial court's legal conclusions on this appeal. We have determined that the trial court interpreted the insurance policy correctly and, therefore, that the trial court properly concluded that the insurance company was entitled to a judgment as a matter of law.	Davidson	Court of Appeals	11/10/99
M1999-00540-COA-R3-CV M1999-00540-COA-R3-CV Trial Court Judge: Irvin H. Kilcrease, Jr.	Davidson	Court of Appeals	11/10/99
Kennedy vs. Trammel M1999-00538-COA-R3-CV Trial Court Judge: Clara W. Byrd	Wilson	Court of Appeals	11/10/99
William D. Hunley and wife, Brenda K. Hunley, and Velvac, Inc., v. Silver Furniture Mfg. Co. and Tab Service Corp. - Dissenting 03A01-9902-CV-00049 Authoring Judge: Judge Charles D. Susano, Jr. Trial Court Judge: Judge Harold Wimberly I dissent from the majority’s holding that the workers’ compensation carrier for Mr. Hunley’s employer is subrogated, without further inquiry, to the proceeds of Mrs. Hunley’s settlement of her loss of consortium claim that arose out of the work-related injuries sustained by her husband.	Knox	Court of Appeals	11/08/99
William D. Hunley, Jr., Brenda K Hunley, & Velvac Inc., v. Silver Furniture Mfg. Co. & Tab Service Corp., - Dissenting 03A01-9902-CV-00049 Authoring Judge: Judge Charles D. Susano Trial Court Judge: Judge Harold Wimberly I dissent from the majority’s holding that the workers’ compensation carrier for Mr. Hunley’s employer is subrogated, without further inquiry, to the proceeds of Mrs. Hunley’s settlement of her loss of consortium claim that arose out of the work-related injuries sustained by her husband.	Knox	Court of Appeals	11/08/99
Charles w. McKinney, a resident of Smith County, Tennessee, v. Smith County, Tennessee, a county duly constituted by the State of Tennessee M1998-00074-COA-R3-CV Authoring Judge: Judge David R. Farmer Trial Court Judge: Judge Bobby H. Capers In this inverse condemnation action, Defendant Smith County appeals the trial court’s final judgment that suggested a $15,000 additur to the $7700 verdict rendered by the jury in favor of Plaintiff/Appellee Charles W. McKinney. We reverse the trial court’s judgment and remand this cause for a new trial on the issue of damages.	Smith	Court of Appeals	11/05/99
Christine Spann v. Barry Abraham, Individually, and D/B/A Sir Pizza M1996-00003-COA-R3-CV Authoring Judge: Judge William C. Koch, Jr. Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr. This appeal involves a pregnancy discrimination claim asserted by an employee of a Nashville pizza restaurant. After refusing to accept a temporary reassignment requested by her employer, the employee quit her job and filed suit, alleging that her employer had discriminated against her in violation of the Tennessee Human Rights Act. The Chancery Court for Davidson County granted the employer ’s motion for directed verdict at the close of the employee’s proof after concluding that she had not made out a prima facie case for disparate treatment because of her pregnancy. The employee asserts on this appeal that the trial court erred by directing a verdict for the employer and by amending its final order on its own motion. We have concluded that the trial court correctly directed a verdict for the employer in this case and, therefore, affirm the trial court.	Davidson	Court of Appeals	11/05/99
Richard Thomas Bogan v. Doris Mae Bogan 03A01-9811-CH-00393 Authoring Judge: Judge D. Michael Swiney Trial Court Judge: Chancellor John S. McLellan, III This is an appeal by Ms. Bogan (Appellant) from an Order of the Chancery Court for Sullivan County which reduced Mr. Bogan’s (Appellee) alimony payments to her from $2,300 monthly to $945 monthly after Appellee’s retirement	Sullivan	Court of Appeals	11/02/99
Richard Thomas Bogan, v. Doris Mae Bogan - Dissenting 03A01-9811-CH-00393 Authoring Judge: Judge Charles D. Susano, Jr. Trial Court Judge: Chancellor John S. McLellan, III I dissent from the judgment of the majority opinion “reinstat[ing] the prior award of $2,300 monthly alimony as provided in the parties’ original divorce decree.” In my opinion, the trial court did not abuse its discretion when it reduced Mr. Bogan’s monthly alimony obligation from $2,300 to $945. I would affirm the judgment of the trial court.	Sullivan	Court of Appeals	11/02/99
Gary Sanders vs. Donal Campbell 02A01-9810-CV-00299 Trial Court Judge: Joseph H. Walker, III	Lauderdale	Court of Appeals	10/30/99
Wanda Borders vs. Randy Borders 02A01-9811-CH-00320 Trial Court Judge: George R. Ellis	Gibson	Court of Appeals	10/30/99
Joy Roy/Sam Dawkins vs. W.T. Diamond 02A01-9809-CV-00247 Trial Court Judge: J. Steven Stafford	Madison	Court of Appeals	10/30/99
Joy Roy/Sam Dawkins vs. W.T. Diamond 02A01-9809-CV-00247 Trial Court Judge: J. Steven Stafford	Madison	Court of Appeals	10/30/99
Katheryn Griffin vs. Steven Griffin 02A01-9807-CH-00177 Trial Court Judge: D. J. Alissandratos	Shelby	Court of Appeals	10/30/99
McKinley Brown vs. TN Dept. of Correction, et al M1999-02519-COA-R3-CV Authoring Judge: Presiding Judge Patricia J. Cottrell Trial Court Judge: Ellen Hobbs Lyle This appeal involves a dispute between an inmate and the Department of Correction regarding the Department's calculation of the inmate's sentence reduction credits. The inmate claims that when the Class X Felony Act was repealed in 1989, prior sentence reduction credit schemes were revived, and he became retroactively eligible for those credits. The inmate appeals the dismissal of his complaint seeking declaratory relief and damages. We affirm the trial court's dismissal of his case.	Davidson	Court of Appeals	10/29/99
Clinard vs. Blackwood 01A01-9801-CV-00029 Trial Court Judge: Walter C. Kurtz	Robertson	Court of Appeals	10/28/99
Allstate Ins. Co. vs. Lavin 01a01-9810-CH-00552 Trial Court Judge: Ellen Hobbs Lyle	Davidson	Court of Appeals	10/28/99
Calabro vs. Calabro 01A01-9902-CH-00116 Trial Court Judge: Irvin H. Kilcrease, Jr.	Davidson	Court of Appeals	10/28/99
Foley vs. Foley 01A01-9903-CH-00187 Trial Court Judge: Russell Heldman	Williamson	Court of Appeals	10/28/99
Catignani vs. Catignani 01A01-9806-CV-00269	Davidson	Court of Appeals	10/28/99
Bradley vs. Bradley 01A01-9806-CV-00317 Trial Court Judge: Thomas Goodall	Sumner	Court of Appeals	10/28/99
Mason vs. Capitol Records, Inc. 01A01-9807-CH-00389 Trial Court Judge: Carol L. Mccoy	Davidson	Court of Appeals	10/28/99
L.M. Berry & Co. vs. Huddleston 01A01-9809-CH-00487 Trial Court Judge: Irvin H. Kilcrease, Jr.	Davidson	Court of Appeals	10/28/99
Anderson vs. Ajax Turner Co . 01A01-9807-CH-00396	Davidson	Court of Appeals	10/28/99
Anthony K. Eldridge vs. Julia E. Eldridge 03A01-9904-CH-00146	Sullivan	Court of Appeals	10/27/99