COURT OF APPEALS OPINIONS

03A01-9510-CH-00379
03A01-9510-CH-00379

Bradley Court of Appeals

Larry v. Roberts, Kingsport, For Appellant Cumis Insurance
03A01-9509-CV-00308

Sullivan 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

02A01-9503-CV-00043
02A01-9503-CV-00043
Trial Court Judge: Kay S. Robilio

Shelby Court of Appeals

03A01-9510-CV-00368
03A01-9510-CV-00368

Court of Appeals

03A01-9512-CH-00430
03A01-9512-CH-00430

Court of Appeals

03A01-9508-CH-00263
03A01-9508-CH-00263
Trial Court Judge: Chester S. Rainwater

Blount Court of Appeals

03A01-9505-CV-00277
03A01-9505-CV-00277
Trial Court Judge: Robert M. Summitt

Hamilton Court of Appeals

01A01-9508-CH-00343
01A01-9508-CH-00343
Trial Court Judge: Robert E. Corlew, III

Rutherford Court of Appeals

01A01-9507-CV-00298
01A01-9507-CV-00298
Trial Court Judge: Barbara N. Haynes

Davidson Court of Appeals

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

Greene Court of Appeals

02A01-9502-CV-00019
02A01-9502-CV-00019
Trial Court Judge: Janice M. Holder

Shelby Court of Appeals

Thomas v. White
01A01-9507-CH-00310
Trial Court Judge: Robert S. Brandt

Davidson Court of Appeals

01A01-9507-CH-00310
01A01-9507-CH-00310

Davidson Court of Appeals

01A01-9509-CH-00394
01A01-9509-CH-00394
Trial Court Judge: Jim T. Hamilton

Maury Court of Appeals

01A01-9509-CH-00419
01A01-9509-CH-00419
Trial Court Judge: Donald P. Harris

Hickman Court of Appeals

02A01-9310-CH-00219
02A01-9310-CH-00219
Trial Court Judge: D. J. Alissandratos

Shelby Court of Appeals

03A01-9509-CV-00306
03A01-9509-CV-00306
Trial Court Judge: Thomas J. Seeley, Jr.

Carter Court of Appeals

02A01-9411-CV-00258
02A01-9411-CV-00258
Trial Court Judge: Julian P. Guinn

Court of Appeals

Demetreous Flengas, v. Kimberly Denise Flengas
03A01-9508-CV-00281
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge William M. Barker

Demetreous Flengas, the husband, and Kimberly Denise Flengas, the wife, were granted an absolute divorce in September 1994 in Hamilton County. Shortly thereafter, the Trial Court entered its memorandum opinion and order which directed the division of the parties' assets and liabilities. It is from this order that the husband appeals.

Hamilton Court of Appeals

Canonie Energy, Inc. and WGI, Inc. v. Rodney King, Mark Holbrook, American Resources Management, Inc., American Gas Technologies, Inc., American Energy Exploration, Inc., Berrod, Inc. Rick Castor and McCrome LTD., Inc.
03A01-9506-CH-00200
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor WilliamE.

The Defendants appeal a summary judgment entered in favor of the Plaintiffs for the enforcement of a settle ment agreement.

Anderson Court of Appeals

Phyllis Hovenden, Bill Hovenden, Ellen Wemyss, Patricia Highers, Richard Rouch, and Citizens for and Orderly Development of Gallatin, v. City of Gallatin, Galatin Planning Commission, et al.
01A01-9508-CH-00383
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Irvin H. Gilcrease, Jr.

The captioned petitioners filed their “Petition for Writ of Certiorari and Verified Complaint” seeking review of the action of the City Council of Gallatin in regard to the zoning of certain property and for injunctive relief. From an adverse judgment in the Trial Court, one of the petitioners, Phyllis Hovenden, has appealed, presenting the following issues for review:

Sumner Court of Appeals

Angie Brooks, v. Kimberly J. Quam Davis and Gayle Schaal - Concurring
01A01-9509-CV-00402
Authoring Judge: Judge William C. Koch, Jr.s

Two persons injured in a one-car accident sued the driver of the car in which they were riding. After obtaining an essentially worthless judgment against the unknown driver of another car, the passengers perfected this appeal to take issue with the trial court’s decision to permit their driver to rely on a “phantom automobile” defense even though she had not included this defense in her answer. The majority has determined that the trial court properly permitted the driver to assert this defense and to amend her pleadings to conform to the proof. While I concur with the majority’s decision under the circumstances of this case, I have prepared this separate opinion to avoid leaving a mistaken impression that the driver’s answer complied with Tenn. R. Civ. P. 8.03. It did not; however, the error does not undermine the jury’s verdict in this case.

Court of Appeals

Ron Christian, v. Tennessee Petroleum Underground Storage Tank Board, and J.W. Luna, as Commissioner of Tennesse Department of Environment and Conservation
01A01-9508-CH-00368
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor C. Allen High

For a second time we address this matter which concerns Appellant Ron Christian's eligibility for assistance from the petroleum underground storage tank fund, established in T.C.A. § 68-215-110. The Tennessee Petroleum Underground Storage Tank Board (Board), an appellee in this action,1 found Christian ineligible for assistance due to his failure to reestablish fund eligibility by, inter alia, failing to conduct a site check of his property. Upon review in the chancery court, the Board's decision was upheld. For reasons hereinafter set forth, we affirm.

Davidson Court of Appeals