COURT OF APPEALS OPINIONS

Frank Rudy Heirs Associates v. Moore and Associates, Inc., Leon Moore, and Sholodge Inc. - Concurring
01-A-01-9505-CH-00219
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor C. Allen High

The general partner in a hotel-keeping operation refused to make distributions to the limited partner from the revenues of the venture. The limited partner filed suit against the general partner for breach of contract and breach of fiduciary duty. The trial court found that the general partner had breached the partnership agreement, and rendered a partial summary judgment, ordering an immediate distribution to both partners of over $680,000. We affirm.

George H. Richardson v. Joyce R. Richardson
01A01-9507-CH-00304
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Jim T. Hamilton

In this divorce action, plaintiff/appellant, George H. Richardson, appealed and presented three issues: (1) "Whether the trial court erred in failing to eliminate appellant's alimony obligation in the form of making the monthly mortgage payment on the marital residence occupied by appellee as well as paying appellee's car payments[,]" (2) "Whether the trial court erred in failing to relieve appellant of his obligation to pay for appellee's attorney's fees[,]" and (3) "Whether the trial court erred in failing to adopt appellant's proposed division of marital property."

IN RE: Estate of Odell P. Bradley, Deceased; Edith Steward and Barbara Ramsey v. Christian F. Hofstetter Executor, et al. - Concurring
01A01-9411-PB-00553
Authoring Judge: Judge Hewitt Tomlin
Trial Court Judge: Judge Joe P. Binkley, Sr.

Contestants (“appellants”) have appealed from a dismissal of a will contest suit filed by them in the Davidson County Probate Court. Following  a bench trial, the Honorable Joe P. Binkley, Sr., Special Judge, found that no proof had been presented to establish that the decedent was unduly influenced or that he was of unsound mind, and that the will was in fact his proper Last Will and Testament. The contestants' complaint was  dismissed. One of the contestants below has appealed pro se. Appellant's brief fails to comply with T.R.A.P. 27(a) in several ways, one of them being an absence of the statement of the issues. In order to properly dispose of this case, we conclude that the issue presented is whether the evidence preponderates against the judgment of the trial court. We find that it does not and affirm.

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03A01-9506-CH-00182
03A01-9506-CH-00182

Traci Sorrells vs. Donald Lee Sorrells
E1999-01658-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: C. Van Deacon

02A01-9409-CH-00218
02A01-9409-CH-00218
Trial Court Judge: D. J. Alissandratos

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03A01-9505-CV-00151
03A01-9505-CV-00151

Gail Farley Dyer v. Terry R. Farley - Concurring
01-A-01-9506-CH-00229
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Chancellor Vernon Neal

The defendant Terry R. Farley, has appealed from the final judgment of the Trial Court in a controversy regarding his dealings with his deceased father, Benton James Farley.

Earl L. Fox v. Tennessee Board of Paroles
01A01-9506-CH-00263
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Robert S. Brandt

This appeal involves the denial of parole to an inmate serving a twenty-year sentence for aggravated rape. The inmate filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County challenging the Tennessee Board of Parole’s decision. The trial court granted the board’s motion to dismiss. We affirm the dismissal because the inmate’s petition fails to state a claim upon which relief can be granted. A common-law writ of certiorari cannot be used to review the intrinsic correctness of the parole board’s decision.

Edwin H. Bush and William G. Gibson, Co-Administrators of the Estate of Lonnie Mae Lane, Deceased, v. Tony Wesley Carrick
01A01-9507-CH-00288
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Tyrus H. Cobb

The nature of this suit is stated in the complaint as follows: The purpose of this action is to set aside for the benefit of the estate of the said Lonnie Mae Lane the conveyances of the land
hereinafter described, which rendered the said Harvey Wesley Carrick and his estate insolvent and which were fraudulent as to creditors of Harvey Wesley Carrick and his estate.

01A01-9505-CV-00210
01A01-9505-CV-00210
Trial Court Judge: Walter C. Kurtz

In the Matter of: Estate of Jim Eden (Deceased), Georgia Bradley, v. Betty Lewis, Agnes Hendsley, and Bertie Carver, Executors
01A01-9501-CH-00005
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Bobby H. Capers

This appeal arises from a dispute over a will in which a 93-year-old man left his estate to three of his four surviving daughters. The daughter who was not named in her father’s will challenged the validity of the will after her sisters propounded it for probate in the Chancery Court for Trousdale County. The chancery court transferred the case to the Circuit Court for Trousdale County where a jury found in favor of the will. The daughter who contested the will has appealed. We have determined that no reversible error was committed in the circuit court proceeding and, therefore, affirm the circuit court’s judgment and remand the case to the chancery court for further probate proceedings.

Katherine Montgomery Price v. Thomas Bradley Price - Concurring
01-A-01-9505-GS-00208
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Robert P. Hamilton

The sole issue presented by the appellant is: "Did the trial court err by awarding custody of the appellant's minor child to a third party?"

Jerry D. Adcock and wife, Nancy M. Adcock, v. James F. Witcher, Jr.
01A01-9505-CH-00220
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Robert S. Brandt

This is an appeal by plaintiffs/appellants, Jerry and Nancy Adcock, from the judgment of the trial court in favor of defendant/appellee, James F. Witcher.

June R. Husted, mother and next-of-kin of Todd F. Husted, Deceased, v. Everett Echols, III, M.D., Metropolitan Government of Nashville and Davidson County, et al.
01A01-9507-CV-00286
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Thomas W. Brothers

This is a suit for wrongful death by suicide allegedly resulting from negligence of the defendant, a psychiatrist. After a jury could not agree upon a verdict, the Trial Judge directed a verdict and dismissed the suit. Plaintiff has appealed and presented a single issue as follows:

Carolyn Louise Taylor Perkins v. John Bauman Perkins, Jr., - Concurring
01A01-9504-CV-001
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Robert L. Jackson

This is a divorce case in which Wife appeals the judgment of the trial court regarding, inter alia, the division of marital property and the trial court's allowance of expert testimony.