COURT OF APPEALS OPINIONS

Charles N. Delattie v. South Mark Realty Partners, LTD., d/b/a Hickory Lake Apartment Community - Concurring
01A01-9504-CV-00141
Authoring Judge: Judge Hewitt Tomlin
Trial Court Judge: Judge Barbara N. Haynes

Charles N. Delatte ("plaintiff") filed suit in the Circuit Court of Davidson County against South Mark Realty Partners, Ltd. ("defendant") seeking damages for injuries sustained by him when a metal hand railing on a stairway in the common area of defendant's apartment complex collapsed, causing him to fall.  The trial court granted defendant's motions for  summary judgment. The sole issue presented by this appeal is whether the trial court was in error in so doing. For the reasons herein set forth, we find no error and affirm.

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Section of This Court In Webster v. Tennessee Bd. of Regents, 902 S.W.2D 412 (Tenn. App.
02A01-9407-CH-00173

Carl E. Smith and wife, Vada Smith, and Lucille Crockett, v. William R. Reed, and wife Linda Gail Reed
01A01-9412-CH-00555
Authoring Judge: Special Judge Robert E. Corlew, III
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

From the decision of the Trial Court establishing a boundary line dividing tracts of land owned by the parties, the Defendants appeal.

Teresa K. Ross v. William P. Ross
01A01-9410-PB-00470
Authoring Judge: Special Judge Robert E. Corlew, III
Trial Court Judge: Judge James Everett

From the decision of the Trial Court modifying the final decree of divorce between the parties, terminating payments of spousal support previously ordered to be paid by the husband to the wife, the wife appeals.

Blake Weber, v. Jack Moses, Individually and Jeffson Pilot Life Ins. Co.
02A01-9407-CH-00173
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor D.J. Alissandratos

Plaintiff-Appellant Blake Weber brought suit against the Defendants-Appellees, Jack Moses and Jefferson Pilot LIfe Insurance Company ("Jefferson Pilot"), alleging that he was unlawfully discharged due to his refusal to participate in Appellee Jefferson Pilot's illegal employment practices. The chancellor dismissed Appellant's suit, stating that this cause of action was barred by the applicable one year statute of limitation. Weber appeals the lower court's dismissal of his Complaint.

02A01-9412-CH-00278
02A01-9412-CH-00278
Trial Court Judge: John Walton West

02A01-9410-CV-00229
02A01-9410-CV-00229
Trial Court Judge: Robert L. Childers

General Oils Company, Division of Ashland Oil, Inc., v. Claude Ramsey, Assessor of Property for Hamilton County, Tennessee and TN State Board of Equalization
01A01-9504-CH-00153
Authoring Judge: Senior Judge Tomlin
Trial Court Judge: Chancellor Robert S. Brandt

General Oils Company ("plaintiff") filed suit in the Chancery Court of Davidson County against the Assessor of Property for Hamilton County ("Hamilton County Assessor") and the Tennessee State Board of Equalization ("Board of Equalization") seeking judicial review of the decision by the Assessment Appeals Commission ("AAC") of the Board of Equalization that for tax assessment purposes plaintiff's petroleum storage tanks located in Hamilton County were real property. The chancellor reversed the AAC, holding that the tanks were personal property. On appeal Hamilton County Assessor and Board of Equalization present one issue 1On appeal the Board of Equalization only challenges the lower court's action to the effect that tanks are automatically considered tangible personal property under T.C.A. § 67-5-903(f) for property tax purposes. Because the broader issue raised by Hamilton County Assessor in essence encompasses this secondary issue, we approach this case from the standpoint of Hamilton County Assessor. 2 for our consideration: Whether the trial court erred in holding that the storage tanks should be classified as personal property for tax assessment purposes.1 For the reasons hereinafter stated, we find no error and affirm.

Sue McGee v. The First National Bank and Neal Lovlace, Jr., - Concurring
01A01-9508-CV-00341
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge James L. Weatherford

This appeal involves a venue dispute. Plaintiff, Sue McGee, appeals from the order of the Circuit Court for the Twenty-Second Judicial District in Maury County, Tennessee, that dismissed her suit against defendants, First National Bank and Neal Lovlace, for improper venue. The record in the case consists of what was formerly called the technical record and a "transcript of proceedings" which has no testimony and contains only argument and statements of counsel and the court.

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03A01-9509-CV-00320
03A01-9509-CV-00320

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Jack Keller, Jordan S. Keller, v. Colgems-EMI Music, Inc., Screen Gems-EMI Music, Inc., EMI Music Publishing, Inc.
01A01-9505-CV-00212
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Walter C. Kurtz

On June 28, 1994, Plaintiff Jack Keller sued the defendants in the Davidson County Circuit Court claiming a breach of fiduciary duty by fraudulently failing to disclose the contents of a contract amendment signed in 1960. Jordan Keller, to whom a part of the contract rights had been assigned, joined his father as plaintiff.

Shade T. Underwood, Jr. v. Governor Ned Ray McWherter - Concurring
01-A-01-9508-CV-00360
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Walter C. Kurtz

This is an appeal by petitioner/appellant, Shade T. Underwood, Jr., from the trial court's dismissal of his petition for declaratory judgment and violations of civil rights. The sole issue presented by petitioner is "[w]hether the trial court properly dismissed the petition for want of prosecution."

Explosive Specialists Inc. v. Whaley Construction Co., Inc., - Concurring
03A01-9509-CH-00305
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor David H. Cate

In this action, plaintiff was awarded judgment for work performed under a contract, and defendant has appealed, insisting that plaintiff did not perform in accordance with the agreement between the parties.

Gordon Burks, v. Belz-Wilson Properties, a joint venture, comprised of Belz Investment Company, et al.
02A01-9411-CV-00254
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge James M. Tharpe

Appellant, Gordon Burks, (Burks) brought this negligence action against Appellee, Pride Construction Company, Inc., (Pride) and various other defendants, in the Circuit Court of Shelby County. Pride's motion for summary judgment was granted and, from that judgment, Burks appeals.