COURT OF APPEALS OPINIONS

Charles Barnett vs. Justin Oliver
W1998-00837-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Larry J. Logan

M2002-00258-COA-R3-CV
M2002-00258-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Irvin H. Kilcrease, Jr.

Jabari Mandela v. Donal Campbell
M1998-00208-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Carol L. Mccoy
This appeal involves a dispute between a prisoner and the Tennessee Department of Correction regarding the Department's mail policy. After the Department returned two packages addressed to him to their respective senders and denied his request for a declaratory order, the prisoner filed a petition in the Chancery Court for Davidson County seeking a declaratory judgment that the Department's policy should have been promulgated as a rule under Tennessee's Uniform Administrative Procedures Act and that returning the packages was inconsistent with the warden's statutory obligation to "receive" an incarcerated prisoner's property. The trial court upheld the policy and its application to the prisoner, and the prisoner has appealed. We affirm.

Moss vs. Vanderbilt Univ. Med. Ctr.
M1999-01321-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Irvin H. Kilcrease, Jr.
Pro se Plaintiff appeals the dismissal by the trial court of his case on the basis of failure to assert a claim upon which relief can be granted. We affirm the action of the trial court.

William Wyatt v. Board of Paroles
M1999-00472-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Carol L. Soloman
This appeal involves a dispute between a state prisoner and the Tennessee Board of Paroles over the Board's decision not to parole him in 1998. The Circuit Court for Davidson County dismissed the prisoner's petition for common-law writ of certiorari, and the prisoner perfected this appeal. While his appeal was pending, the prisoner was released from the Department of Correction after serving the two sentences for which he had been incarcerated. Accordingly, we have determined that this appeal is now moot because the prisoner has been released from custody. Therefore, we vacate the trial court's order and remand the case with directions to dismiss the prisoner's petition.

Williams vs. Berube & Assoc., et al
M1998-00802-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Jeffrey F. Stewart

Parkey vs. Parkey
M1999-00015-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Thomas Goodall

Kanbi vs. Sousa
M1999-00025-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol L. Soloman

Lyons vs. Farmers Insurance, et al
M1999-00160-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford

The Realty Assoc., et al, vs. Richter/Dial Builders, Inc., et al
M1997-00168-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Henry D. Bell

Bomar vs. TN Dept. of Mental Health
M1999-00951-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Irvin H. Kilcrease, Jr.

Christopher Scott Wells, v. Betty Sue Wells
M1998-00748-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge John Rollins

Christopher Scott Wells (“Father”) and Betty Sue Wells (“Mother”) divorced in October 1997. By the terms of their Marital Dissolution Agreement (MDA), the parties had joint custody of the two children with Mother as primary custodian. Shortly after the MDA was accepted by the court, Father changed his mind. He sought custody of the children based on Mother’s relationships with men. The trial court found no change in circumstances and left custody with Mother. Because of evidence of the children’s altered behavior during their visit with Father, we find it necessary to remand the case to the trial court for a determination of the best interests of the children, including the comparative fitness of the parents at the time of the hearing on remand.

Charlotte Brown, v. Birman Managed Care, David N. Birman, Sue d. Birman, William F. Barenkamp, II, and Kathy Barenkamp
M1999-02551-COA-R3-CV
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Judge John A. Turnbull

The divorced mother of a minor child claimed that her former husband and his employer conspired to fraudulently understate the husband’s income, in order to defeat her attempts to have his child support obligation increased to an appropriate amount. The trial court granted summary judgment to the defendants. We reverse.

Leslie A. Lewis, v. John S. Muchmore and Virginia L. Muchmore
W1998-00794-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: John R. McCarroll, Jr.

Leslie A. Lewis filed a detainer warrant in the General Sessions Court of Shelby County against John S. Muchmore and Virginia Muchmore alleging forcible entry and detainer (FED)1 or unlawful detainer. The court entered judgment for possession only and the Muchmores appealed to circuit court where the Muchmores brought a counter-complaint for specific performance of a real estate contract. Following a bench trial, judgment was entered in favor of the plaintiff, Leslie A. Lewis, restoring her to possession of the subject premises and dismissing the countercomplaint. This appeal resulted.

Robert Eugene Lamb, James Morris Lofton, et al. v. MegaFlight Inc., a Florida Corp., Ronald Rosenburg, et al., - Concurring
W1998-00797-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Dewey C. Whitenton

Lamb, Lee, Lofton, and Bailey (“Plaintiffs” or “Phoenix”) brought suit alleging breach of contract and fraudulent inducement in the Chancery Court of McNairy County, Tennessee. MegaFlight, Rosenberg, and Noel (“MegaFlight”) filed a Motion to Dismiss for lack of jurisdiction because a forum selection clause in the contract specified that any action must be brought in the courts of Orange County, Florida. The trial court granted Defendants’ motion to dismiss. Plaintiffs appeal. Based upon the following, we reverse the lower court’s grant of Defendants’ Motion to Dismiss.

In the Matter of The Liquidation for United American Bank of Knoxville, TN Security Pacific Equipment Leasing, Inc. v. Federal Deposit Insurance
E1999-00270-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Chancellor Daryl E. Fansler

Appellant leased equipment to United American Bank (“UAB”) for a seven year term. Three years into the lease, UAB was closed by the Tennessee Commissioner of Banking and FDIC FILED February 9, 2000 Cecil Crowson, Jr. Appellate Court Clerk 2 was appointed as receiver. Appellant filed a claim with FDIC seeking recovery of the full amount due on the lease. The Trial Court granted summary judgment to FDIC, thus upholding the constitutionality and applicability of T.C.A. § 45-2-1504(b), which provides that lessors can recover a maximum of two months’ lease payments after a Tennessee bank fails and is closed. In this appeal, lessor contends that T.C.A. § 45-2-1504(b) violates the Equal Protection Clauses of the U.S. and Tennessee Constitutions by treating lessors differently from other contract claimants and that the application of the statute results in an unconstitutional taking of its property without due process of law in violation of the Fourteenth Amendment to the U.S. Constitution and Article I, Section 21 of the Tennessee Constitution. For the reasons herein stated, we affirm the judgment of the Trial Court.

Gerald W. Smith, v. Roane County Circuit Court Harriman Utility Board, Richard A. Hall and the City Harriman, Tennessee
E1999-02456-COA-
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Russell E. Simmons, Jr.

'This is an appeal by Gerald W. Smith (“Plaintiff”) under T.R.A.P. Rule 3 alleging error in the Trial Court’s granting Summary Judgment to Defendants/Appellees, Harriman Utility Board (“HUB”), HUB General Manager Richard A. Hall (“Hall”), and the City of Harriman, Tennessee (“Harriman”). Plaintiff was an employee of HUB, and after his employment was terminated filed suit for breach of contract, procurement of breach of contract in violation of T.C.A. 2 § 47-50-109, retaliatory discharge, and promissory estoppel. The Circuit Court for Roane County entered summary judgment for Defendants on all claims. For the reasons set forth below, we affirm the judgment of the Trial Court.

Judy Lynn Patterson Conner, v. Billy Ray Conner
E1999–03A01-9903-CV-00095
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge Jacqueline E. Schulten

In this divorce action the wife has appealed and raises issues as to the amount of the alimony award and the division of marital property. The husband objects to an aw ard o f alimony in futuro and the Order requiring him to pay $2,047.20for the w ife’s atto rney’s fees.

Wayna Shadwick v. Shirley Young and Betty Thompson and F.H. Showmaker Distributors, Inc.
02607-COA-R3-CV
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Billy Joe White

The essence of this appeal is whether a judgment creditor of an estate should be permitted to intervene in a marital/familial matter.

David Chenault, v. Jeff L. Walker, Jo Bursey, Jack L. Moore, Ocean Inn, Inc., and Dimension III Financial Inc.
W1998-00769-COA-RM-CV
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge John R. McCarroll, Jr.

This case deals with in personam jurisdiction under the Tennessee Long Arm 1 This Court originally denied the application for interlocutory appeal. The Supreme Court granted the appellant’s T.R.A.P. 11 application for permission to appeal and remanded the case to this Court for a review on the merits. 2 Also named as a defendant is Jeff L. Walker, but he is not involved in this interlocutory appeal. 2 Statute and comes to this Court as a T.R.A.P. interlocutory appeal.1 Defendants, Jo Bursey (Bursey), Jack L. Moore (Moore), Ocean Inn, Inc. (Ocean Inn), and Dimension III Financial, Inc. (Dimension III)2, appeal the order of the trial court denying their motions to dismiss for lack of jurisdiction.

David . LeFemine, and David Sanders, v. Phillips & Jordan, Incorporated
03A01-9904-CH-00136
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor G. Richard Johnson

This is a suit by Plaintiffs David LeFemine and David Sanders seeking damages for breach of contract against Defendant Phillips & Jordan, Incorporated, which alleges that Defendant  Phillips & Jordan failed to provide the Plaintiffs an access road as it had by written contract agreed to do. The Trial Court dismissed the Plaintiff's proof resulting in this appeal which insists the evidence preponderates against the action of the Trial Court. We vacate the Trial Court'sjudgment and remand the case for further proceedings.

Richard Pallmer Jahn, Jr., v. Sheryl June Jahn
E1999-01098-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Judge Douglas A. Meyer

This is a third appeal in this divorce action which was filed more than six years ago between plaintiff (“husband”) and defendant (“wife”).

State of Tennessee, v. Male Pit Bull, Dewayne Rogers, Shanie Rogers , Billie Jean Ritchie Jones
E1999-01385-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Judge Douglas A. Meyer

This is an appeal from the Hamilton County Criminal Court’s finding of criminal contempt against Dewayne Rogers, Shanie Rogers and Billie Jean Ritchie Jones. Mrs. Jones, Defendant-Appellant, raises the following issue, which we restate: Whether the Appellant was improperly convicted of criminal contempt solely on the basis of the uncorroborated testimony of an accomplice?

Harley White and William Mack White v. Guy N. Jones and wife, Violet E. Jones
E1999-01605-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Chancellor Telford E. Forgety, Jr.

This is a dispute between adjoining property owners over a tract of land which the Chancellor determined was owned by plaintiffs.

Joe Parker, et al., v. Board of Commissioners of Roane Co., and TN Board of Commissioners of Roane Co., TN, v. Joe Parker, et al.
E1999-02277-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Judge Frank W. Williams, III

This an appeal of a Roane Chancery Court order which enjoined Appellants, Joe Parker, Mary Lynn Parker and Tiger Haven, Inc., from maintaining any Class I, wild or exotic animals, on certain parcels of land in Roane Count, and from expanding theoperation of Tiger Haven, Inc., except upon proper applicatin and approval by the County. While not as exactly stated by the parties, the issues raised on appeal aare whether (1) Appellant's refusal to rezone Appellant' property was arbitrary and capricious, (2) Appellants' use of parcel 22.06 is a pre-existing nonconforming use which may be expanded by Appellants, (3) Appellee's affirmative respresentations to Appellants and its failure to enforce its zoning ordinance for over six years estops it from now enforcing the zoning ordinances, (4) the A-2 zoning regulations are unconstitutionally vague and/or overbroad (5) the A-1 zoning regulations and Appellee's actions in not rezoning Parcel 29.01 work an unreasonable discrimination against Appellant's property, and (6) the Trial Court erred in denying Appellant's motion asking that the judgment be altered or amended or a new trial had based on evidence discovered after the trial. For the reasons herein stated, we vacate the judgment of the Trial Court and remand the case to the Trial Court for further proceedings consistent with this Opinion.