COURT OF APPEALS OPINIONS

Jerry Collins D/B/A Westside Equipment Company, Inc. v. Greene County Bank
03A01-9507-CH-00216
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge Dennis H. Inman

In this dispute between plaintiff borrower and defendant lender, the Trial Court entered summary judgment for the defendant and plaintiff has appealed.

Dempel Earps, v. Irene S. Earps, Ronnie Earps, and Greg Earps
01A01-9505-CH-00206
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor C. K. Smith

The plaintiff in the trial court claimed title to a disputed area of land by adverse possession. The chancellor found that the disputed property was not within the calls of the plaintiff's deed and that the plaintiff had failed to establish a prescriptive title by twenty years of adverse possession. We affirm.

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CNL Insurance vs. Smith
M1999-00198-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Charles D. Haston, Sr.

Tammy R. Ganzevoort, v. Richard B. Russell, Martha T. Russell, and Jim Cassetty, D/B/A Cassetty Realty
01A01-9502-CV-00038
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Thomas Goodall

The Circuit Court of Sumner County awarded the purchaser of a home a judgment against the sellers and their real estate agent, for deceptive practices as defined in the Tennessee Consumer Protection Act. Because we find that the evidence preponderates against a finding that the plaintiff suffered any ascertainable harm from a deceptive act, we reverse.

Walter Lee Steele and Jennie Brown, Individually and as Next-of-Kin of or Guardian of Melvin Lee Steele, Deceased, v. Tennessee Jaycees, Inc., et al.
01A01-9505-CH-00214
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor C. Allen High

The Chancery Court of Davidson County granted summary judgment to the Tennessee Jaycees and the other appellees, on the ground that the statute of limitations had passed prior to the filing of the appellants' wrongful death complaint against them. Because we do not find that the discovery rule tolls the statute of limitations under the circumstances of this case, we affirm the trial court.

Stones River Utilities, Inc., v. Metropoltian Government of Nashville, Davidison County, Tennessee, et al. - Concurring
01-A-01-9505-CH-00217
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Robert S. Brandt

This is a contract dispute in which the chancellor found that the uncontradicted proof showed that the plaintiff had no cause of action for the acts alleged in the complaint. We reverse on the single ground of estoppel and remand for further proceedings on that issue alone.

William Barry Martin, v. Marny Anne Martin
01A01-9505-CV-00222
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Muriel Robinson

In this divorce case, the defendant/wife has appealed from that portion of the divorce decree which granted to the plaintiff/husband sole custody of the daughter of the parties, aged 4 1/2 years at the time of judgment, 5 years at the present time.

Gloria Keene and husband, Edward Keene, v. Cracker Barrel Old Country Store, Inc.
01A01-9505-CV-00211
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Barbara N. Haynes

This is an appeal by plaintiffs/appellants, Gloria and Edward Keene, from the trial court's order granting partial summary judgment to defendant/appellee, Cracker Barrel Old Country Store, Inc. ("Cracker Barrel").

William Wayne Bray, v. Wanda Lee Jones Bray
01A01-9506-CV-00228
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge John A. Turnbull

In this case the husband has appealed the trial judge's award of $14,750 to the wife as her share of the marital property. The trial judge made the following findings: that the husband's property had increased in value during the marriage in the amount, when added to the value of some property acquired by the parties, of $34,000; that the cattle acquired by the parties had a negative value of $4,500, leaving a net value of $29,500; that the wife had made a contribution to the preservation and appreciation of the property; that the wife had a greater need than the husband; and that the husband had a greater ability to produce income in the future. Taking the net increase in the marital estate of $29,500 the trial judge then awarded half of it to the wife.

03A01-9506-CV-00209
03A01-9506-CV-00209

01A01-9505-CH-00189
01A01-9505-CH-00189

Michael Cantrell v. Walker Die Casting
M2001-00693-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Lee Russell
This case involves a denial of medical benefits for injuries sustained in an automobile accident. The Appellee was covered under an employee benefit plan which falls within the purview of the Employee Retirement Income Security Act of 1974 (ERISA). The trial court granted summary judgment for the Appellee as to the Appellant's liability for payment of the expenses resulting from the accident. We reverse the decision of the trial court, finding Appellee's failure to exhaust his administrative remedies prior to filing suit fatal to his cause.

02A01-9405-CV-00114
02A01-9405-CV-00114

03A01-9507-GS-00217
03A01-9507-GS-00217
Trial Court Judge: Inman

Duncan v. Crawford, Maryville, For The Appellant.
03A01-9507-PB-00230
Trial Court Judge: Inman

03A01-9505-CV-00143
03A01-9505-CV-00143
Trial Court Judge: Inman

In re: Estate of Harold L. Jenkins, Deceased, Hugh C. Carden and Donald Garis, Co-Executors/Appellees, v. Billy R. Parks
01A01-9504-CH-00135
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Tom E. Gray

The claimant, Billy R. Parks, has appealed from a summary judgment of the Probate Court dismissing his claim against the captioned estate. Appellant presents the issues in the following form: 1. The Chancellor erred in ruling that Mr. Parks had no legal basis for making a claim on the theories of implied or quasi contract, or a theory of unjust enrichment of Mr. Jenkins. 2. The Chancellor erred in ruling that Mr. Parks could not recover under an implied or quasi contract theory because of the existence of an express contract between the parties.

Allen D. Heflin and wife Jean LaRue Heflin, as natural parents and next-of-kin of Hugh Allen Heflin, Deceased, v. Stewart County, Tennessee, et al. - Concurring
01A01-9504-CV-00131
Authoring Judge: Judge William C. Koch, Jr.

I concur with the result of the majority's opinion but add this separate opinion to state my understanding of the source and nature of the duty of prison officials to persons who are placed involuntarily in their custody.

Allen D. Heflin and wife, Jean LaRue Heflin, as Natural Parents and Next-of-Kin of Hugh Allen Heflin, Deceased, v., Stewart County, Tennessee, et al.
01A01-9504-CV-00131
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Robert E. Burch

The captioned plaintiffs have appealed from the dismissal of their suit against the defendant, Stewart County, Tennessee, arising out of the suicide of Hugh Allen Heflin in the Stewart County Jail. No complaint is made on appeal as to the summary dismissal of all other defendants. This suit is limited to damages for pain and suffering of deceased. Damages for wrongful death have been recovered in federal court.