COURT OF APPEALS OPINIONS

Rainbo Baking Company of Louisville, a Delaware Corporation, v. Release Coatings of Tennessee, Inc.
02A01-9510-CH-00223
Authoring Judge: Senior Judge Hewitt P. Tomlin
Trial Court Judge: Chancellor D. J. D'Allisandratos

Rainbo Baking Company of Louisville (“Rainbo”) filed suit in the Chancery Court of Shelby County against Release Coatings of Tennessee, Inc. (“Release”) seeking compensatory damages from Release for damages allegedly sustained by Rainbo as a result of the improper straightening of a large quantity of baking pans used by it in its bakery business. The suit contained a count in negligence and a count in breach of contract. Release filed a counter-claim seeking to recover from Rainbo the balance due it for work performed. Following a bench trial, the court issued an opinion from the bench. In this opinion the court found that upon the evidence presented, Release was liable to Rainbo. However, the court specifically stated that it did not find that Rainbo had carried its burden of proof as to damages. The court ordered a reference to the Master to give Rainbo an opportunity to present additional proof as to damages, with Release being given an opportunity to present countervailing proof if desired. Following the Master’s hearing, a report was submitted to the chancellor in which the value of Rainbo’s pans was stated. The Master’s report was affirmed and judgment entered thereon in favor of Rainbo. The chancellor dismissed the counterclaim of Release against Rainbo. Release has raised three issues on appeal: did the 2 chancellor err in: (1) awarding a judgment against Release when Rainbo failed to prove its case; (2) the manner of determining the amount of damages sustained by Rainbo; and (3) failing to find for Release on its counter-claim. For the reasons hereinafter stated, we modify and affirm the trial court.

Shelby Court of Appeals

Debbie VanCleave, v. Matthew Markowski and Diane Markowski
02A01-9602-CV-00035
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Whit A. Lafon

This matter appears appropriate for consideration pursuant to Rule 10(b) of the Rules of the
Court of Appeals of Tennessee.

Madison Court of Appeals

01A01-9608-CH-00363
01A01-9608-CH-00363

Court of Appeals

01A01-9608-CH-00365
01A01-9608-CH-00365

Court of Appeals

01A01-9510-CV-00456
01A01-9510-CV-00456
Trial Court Judge: Walter C. Kurtz

Davidson Court of Appeals

01A01-9605-CH-00204
01A01-9605-CH-00204
Trial Court Judge: Ellen Hobbs Lyle

Davidson Court of Appeals

01A01-9606-CH-00285
01A01-9606-CH-00285
Trial Court Judge: Allen W. Wallace

Cheatham Court of Appeals

01A01-9606-CH-00254
01A01-9606-CH-00254
Trial Court Judge: Robert S. Brandt

Davidson Court of Appeals

01A01-9603-CH-00128
01A01-9603-CH-00128
Trial Court Judge: William B. Cain

Maury Court of Appeals

01A01-9606-CV-00270
01A01-9606-CV-00270
Trial Court Judge: Thomas Goodall

Sumner Court of Appeals

City State Bank and the Bank of Sharon v. Dean Witter Reynolds, Inc. a Delaware Corporation, and Hank Franck
02A01-9504-CV-00073
Authoring Judge: Judge J. Alan Highers

Defendants have filed a petition to rehear which, after due consideration, is respectfully denied.

Jackson Court of Appeals

Brenda Bailey Loyd, v. Wendell Ray Loyd
02A01-9504-CH-00084
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Joe C. Morris

This case involves contempt proceedings brought against Wendell Ray Loyd (“Husband”) by Brenda Bailey Loyd (“Ex-Wife”) for failure to pay alimony. The trial court found that Husband did not have the present ability to pay and therefore could not be incarcerated for contempt. We reverse and remand for further proceedings.

Madison Court of Appeals

03A01-9603-CV-00080
03A01-9603-CV-00080

Scott Court of Appeals

03A01-9606-CH-00186
03A01-9606-CH-00186

Monroe Court of Appeals

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

Sevier Court of Appeals

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

Court of Appeals

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

Court of Appeals

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

Court of Appeals

01A01-9605-CV-00200
01A01-9605-CV-00200
Trial Court Judge: Marietta M. Shipley

Davidson Court of Appeals

01A01-9603-CV-00108
01A01-9603-CV-00108
Trial Court Judge: Cornelia A. Clark

Williamson Court of Appeals

01A01-9602-CH-00086
01A01-9602-CH-00086

Davidson Court of Appeals

01A01-9604-CH-00178
01A01-9604-CH-00178
Trial Court Judge: Irvin H. Kilcrease, Jr.

Davidson Court of Appeals

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

Court of Appeals

02A01-9510-CV-00225
02A01-9510-CV-00225
Trial Court Judge: Wyeth Chandler

Shelby Court of Appeals

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

Court of Appeals