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Barbara Branum v. Corrine W. Akins, and Melvin L. Akins E1999-00865-COA-R3-CV Authoring Judge: Judge Houston M. Goddard Trial Court Judge: Chancellor W. Frank Brown, III This is a suit wherein the Plaintiff Barbara Brunum, inter alia, seeks to set aside a conveyance by her mother, the Defendant Corrine W. Akins--who held certain real property in trust for her--to her brother, Defendant Melvin L. Akins. The basis of the suit is that her mother violated her fiduciary duty by conveying the property to her brother and that he was guilty of fraud and conspiracy in accepting the transfer. The only consideration for the transfer was the assumption and payment of a prior secured indebtedness against the property in the amount of $29,392.25. The Trial Court found in favor of the daughter against the mother, awarded damages in the amount of $34,607.75, plus pre-judgment interest at the rate of 10 percent per annum, beginning April 28, 1998, the date our opinion in a prior appeal of this case was filed. The Chancellor dismissed the claim as to the brother. The daughter appeals insisting the Trial Court was in error in not setting aside the transfer. We are of the opinion that the Trial Judge acted properly and affirm the judgment entered.	Hamilton	Court of Appeals	02/03/00
Barry Stokes and Pamela Stokes v. Torina Arnold M1998-00749-COA-R3-CV Authoring Judge: Judge Ben H. Cantrell Trial Court Judge: Chancellor Allen W. Wallace The Chancery Court for Dickson County terminated a mother’s parental rights to three young children and allowed the foster parents to proceed with the adoption of the children. Because we find that the record does not contain clear and convincing evidence upon which to base the termination of the mother’s parental rights, we reverse.	Dickson	Court of Appeals	02/01/00
In the Matter of: K.E.C.D., a child Under the Age of 18 Years M1998-00759-COA-R3-CV Authoring Judge: Judge Patricia J. Cottrell Trial Court Judge: Judge Barry Brown This appeal involves a dispute over the surname of a child born to unmarried parents. The biological father (“Father”) of the minor child, seeks reversal of the juvenile court’s denial of his motion to change the child’s last name. Over the objections of the mother (“Mother”),1 Father sought to change his son’s last name to his own to reflect his paternity. For the following reasons, we vacate and remand.2	Sumner	Court of Appeals	02/01/00
Carl Scott and Alma Scott, v. Rogers Group, Inc. M1999-00048-COA-R3-CV Authoring Judge: Judge W. Frank Crawford Trial Court Judge: Judge Barbara N. Haynes This is a case involving breach of contract. Plaintiffs/appellants, Carl Scott and Alma Scott (referred to herein as “the Scotts”) appeal from the order of the trial court granting summary judgment to defendant/appellee, Rogers Group, Inc.	Davidson	Court of Appeals	02/01/00
Steven B. Dargi and Andrea L. Dargi v. The Terminix International Company, State of Tennessee, et al. - Concurring M1999-00145-COA-R3-CV Authoring Judge: Judge Ben H. Cantrell Trial Court Judge: Judge Walter C. Kurtz The plaintiff repeatedly cursed and insulted the defendant’s attorney during a taped deposition. The attorney played portions of the tape during the trial. The trial court found that the plaintiff’s utterances constituted criminal contempt. We affirm.	Davidson	Court of Appeals	02/01/00
Duffy Tool & Stamping, Inc., v. Bosch Automotive Motor Systems, formerly known as BG Automotive Motors, Inc. M1997-00144-COA-R3-CV Authoring Judge: Judge William C. Koch, Jr. Trial Court Judge: Chancellor Tom E. Gray This appeal involves a contract dispute between a manufacturer of automobile parts and one of its suppliers. After the manufacturer complained repeatedly about the quality of its parts, the supplier informed the manufacturer that it would no longer supply the parts even though two years remained on its contract. The manufacturer rejected a portion of the supplier’s last shipment of parts and contracted with another supplier to take over the manufacturing of the parts. The original supplier then filed suit against the manufacturer in the Chancery Court for Sumner County for the balance due on its last shipment, and the manufacturer counterclaimed for breach of the supply contract. The trial court heard the case without a jury and determined that the supplier had breached the supply contract but was also entitled to a set-off based on its last delivery of parts. Accordingly, the trial court awarded the manufacturer a $133,542.66 judgment against the supplier. On this appeal, the supplier takes issue with the judgment on three grounds: that the parties modified their original contract; that the manufacturer waived its breach of contract claim; and that the trial court did not employ the proper measure of damages. We have determined that the evidence supports the trial court’s conclusion that the supplier breached the contract but that the trial court incorrectly calculated the damages. Accordingly, we reduce the manufacturer’s judgment against the supplier to $18,953.	Sumner	Court of Appeals	02/01/00
State of Tenessee o/b/o Carol A. Vaughn v. Peter Kaatrude - Concurring M1997-00146-COA-R3-CV Authoring Judge: Judge William C. Koch, Jr. Trial Court Judge: Judge Charles E. Bush This appeal involves a father’s obligation to pay support for a non-marital child. Fifteen years after the child’s birth, the Tennessee Department of Human Services, acting on behalf of the child’s mother, filed suit in the Montgomery County Juvenile Court seeking to establish paternity and to obtain past and future support from the father. Following a bench trial, the trial court entered an order establishing paternity and ordering the father to pay $542.50 per month in child support. The juvenile court also awarded the mother $50,000 in back child support. The father now takes issue with the amount of the award for back child support. We have concluded that the evidence does not support the amount of the award for back child support and accordingly remand the case for further proceedings.	Montgomery	Court of Appeals	02/01/00
Robert Bean, Franklin Shaffer, David Autry, Mack Roberts, v. Ned Ray McWherter, Governor of the State of Tennessee, et al. M1999-01493-COA-R3-CV Authoring Judge: Presiding Judge Ben H. Cantrell The appellants have asked the court to rehear this appeal because we did not address the facial conflict between the definitions of Class II and Class III wildlife, leaving the public without any guidance as to what species are in Class II. Since the possession of Class II wildlife without a permit is a crime, and no permit is required for the possession of those species in Class III, the determination of what is included in Class II is the critical determination. And a person of ordinary intelligence must be able to make it. State v. Thomas, 635 S.W.2d 114 (Tenn. 1982).	Davidson	Court of Appeals	02/01/00
Ferris E. Watson v. Lynn Rose Watson M1999-02527-COA-R3-CV Authoring Judge: Judge Patricia J. Cottrell Trial Court Judge: Judge Leonard Martin This case involves a dispute over custody of two children upon their parents’ divorce. The trial court awarded custody to Lynn Rose Watson (“Mother”) with visitation to Ferris E. Watson (“Father”). Father appeals, claiming he is comparatively the better parent. We affirm the award of custody to Mother.	Stewart	Court of Appeals	02/01/00
Rutherford Co. Bd. of Ed. vs. Rutherford Co. Comm. M1999-00288-COA-R3-CV Authoring Judge: Judge William B. Cain Trial Court Judge: Robert E. Corlew, III This is a declaratory judgment action on undisputed facts. The question for disposition is whether the Public Building Authorities Act of 1971 authorizes the Rutherford County Commission to direct the Rutherford County Public Buildings Authority to hire architects, select a contractor and prepare school building design plans for presentation to the Rutherford County School Board. The trial court held that it is the responsibility of the Rutherford County Board of Education to plan, locate, erect and furnish public schools in Rutherford County and that the Rutherford County Commission was without authority to direct the Rutherford County Public Buildings Authority to act in this respect. We affirm the trial court.	Rutherford	Court of Appeals	01/31/00
E1999-02098-C)A-R3-CV E1999-02098-C)A-R3-CV	Hawkins	Court of Appeals	01/31/00
E1999-02550-COA-R3-CV E1999-02550-COA-R3-CV Authoring Judge: Judge Houston M. Goddard	Knox	Court of Appeals	01/31/00
State Farm Mutual Automobile Insurance vs. Brian Howard, et al E1999-02558-COA-R3-CV Authoring Judge: Judge Houston M. Goddard	Blount	Court of Appeals	01/31/00
E1998-00745-COA-R3-CV E1998-00745-COA-R3-CV Authoring Judge: Judge Charles D. Susano, Jr.	Claiborne	Court of Appeals	01/28/00
Jeffrey L. Lawson v. University of Tennessee E1999-02516-COA-R9-CV Authoring Judge: Judge Charles D. Susano, Jr. Trial Court Judge: Chancellor Sharon Bell We granted this Rule 9, T.R.A.P., application to determine whether the defendant University of Tennessee (“the University”) can be sued for a violation of the federal Fair Labor Standards Act. We find that it cannot be sued for such violations under the current state of the law. Accordingly, we reverse the trial court’s order denying the University’s motion to dismiss.	Knox	Court of Appeals	01/28/00
E1999-02516-COA-R9-CV E1999-02516-COA-R9-CV Authoring Judge: Judge Charles D. Susano, Jr.	Knox	Court of Appeals	01/28/00
E1999-02518-COA-R3-CV E1999-02518-COA-R3-CV Authoring Judge: Judge Charles D. Susano, Jr.	Knox	Court of Appeals	01/28/00
William George Baltrip vs. Roy K. Norris, et al . Carolyn Turner vs. Monroe Farmers Cooperative E1999-02545-COA-R3-CV Authoring Judge: Judge Houston M. Goddard	Blount	Court of Appeals	01/28/00
00747-COA-R3-CV 00747-COA-R3-CV	Sullivan	Court of Appeals	01/28/00
02525-COA-R3-CV 02525-COA-R3-CV	Blount	Court of Appeals	01/28/00
E1998-00349-COA-R3-CV E1998-00349-COA-R3-CV		Court of Appeals	01/27/00
Tommy Lee White vs. Caroldene White E1998-00664-COA-R3-CV Authoring Judge: Presiding Judge Herschel P. Franks		Court of Appeals	01/27/00
E1999-00014-COA-R3-CV E1999-00014-COA-R3-CV Authoring Judge: Presiding Judge Herschel P. Franks		Court of Appeals	01/27/00
E1999-00380-COA-R3- E1999-00380-COA-R3-		Court of Appeals	01/27/00
West vs. West M1998-00725-COA-R3-CV Authoring Judge: Presiding Judge Patricia J. Cottrell Trial Court Judge: Patricia J. Cottrell	Warren	Court of Appeals	01/27/00