COURT OF APPEALS OPINIONS

Ronald M. Guy v. Mutual of Omaha Insurance Company
W1999-00942--COA-R9-CV
Trial Court Judge: Karen R. Williams

Shelby Court of Appeals

Don Culbreath vs. First Tn Bank
W1998-00426-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Floyd Peete, Jr.

Shelby Court of Appeals

Marsha McDonald vs. Samuel Cowan
W1998-00730-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: John R. Mccarroll, Jr.

Shelby Court of Appeals

Estate of W.O. McIntyre
W1999-01700-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Dewey C. Whitenton
This is a will contest. The decedent committed suicide after writing several notes in which he expressed his wish that the bulk of his estate pass to his wife of eighteen years, with specific bequests to his children. The decedent's children contested the validity of the disposition, arguing that the decedent lacked testamentary capacity to execute a will at the time that he wrote the notes. After a jury trial, the jury found that the decedent had testamentary capacity and that the handwritten notes constituted a valid holographic will. The children appeal, arguing that the burden of proving testamentary capacity should have been placed on the will's proponents, due to the decedent's depression and resulting suicide, and that the evidence did not support the jury's verdict. We affirm, finding that the trial court did not err in its instructions on the burden of proof and that there is material evidence to support the jury's verdict.

McNairy Court of Appeals

Bio-Medical vs. K.R. Chary
W1999-01727-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Joe C. Morris
This is a lawsuit to enforce covenants not to compete. The plaintiffs are private companies that own and operate dialysis medical clinics in West Tennessee. The plaintiffs brought an action against the defendant physicians to enforce covenants not to compete contained in agreements for the sale of the dialysis clinics and other related employment agreements. The trial court granted summary judgment to the physicians on the ground that the covenants are void because they are contrary to public policy. We affirm in part, reverse in part, and remand, finding the covenants enforceable to the extent that they do not prevent the defendant physicians from practicing medicine in their specialty.

Madison Court of Appeals

State Dept.of Children's Services vs. J.M.R.R.
E2000-02075-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Suzanne Bailey
The Trial Judge terminated the mother's parental rights to the children on several statutory grounds. The mother on appeal insists grounds were not established by clear and convincing evidence. We affirm.

Hamilton Court of Appeals

Charles Shoffner vs. Billy Enterprises
W1999-01609-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: George H. Brown
This is a slip and fall case. The plaintiff was injured while bowling at the defendant's bowling alley. While he was bowling, his beeper fell from his belt onto the bowling lane. The plaintiff crossed the foul line to retrieve his beeper, and slipped on the oiled surface. He sued the bowling alley for his injuries, asserting that the bowling alley failed to adequately warn him of the danger of crossing the foul line. The trial court granted a directed verdict in favor of the defendant, finding that the bowling alley had no duty to warn the plaintiff, and that the plaintiff was more than 50% at fault for the accident. The plaintiff appeals. We affirm, finding that, under the undisputed facts, the plaintiff was more than 50% at fault for the accident.

Shelby Court of Appeals

Joseph Stephenson vs. Keith West
W1998-00668-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Robert A. Lanier

Shelby Court of Appeals

LCI International vs. Margo Swartwood
W1999-02312-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Dick Jerman, Jr.

Gibson Court of Appeals

Alonzo Bonner vs. Transcon Corp.
W1999-02205-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: George Brown

Shelby Court of Appeals

Sam Posey vs. City of Memphis
W1999-02225-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Walter L. Evans

Shelby Court of Appeals

Olanda Carter vs. R.J. Reynonlds
W1999-02233-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: D'Army Bailey

Shelby Court of Appeals

El Ahkeen vs. Tony Parker
W1998-00640-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Joseph H. Walker, III

Lauderdale Court of Appeals

Lisa Norton vs. Max Norton
W1999-02176-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Joe C. Morris

Madison Court of Appeals

Robert Stewart vs. Lynda Stewart
W1999-02185-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Joe C. Morris

Madison Court of Appeals

Lillie Mays vs. Fred's Inc.
W1999-02189-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: George H. Brown

Shelby Court of Appeals

Custom Built Homes vs. McNamara, et al
M1998-00042-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Henry Denmark Bell

Williamson Court of Appeals

Fahrner vs. SW Manufacturing
M1999-00021-COA-R3-CV
Trial Court Judge: John A. Turnbull

DeKalb Court of Appeals

Wachovia vs. Johnson
M1999-00166-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Carol L. Mccoy

Davidson Court of Appeals

Doyle vs. Cole and NES
M1999-02115-COA-R9-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol L. Soloman

Davidson Court of Appeals

Cannon vs. March
M1999-02123-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: C. K. Smith

Wilson Court of Appeals

Consumer Advocate vs. TRA
M1999-02151-COA-R12-CV
Authoring Judge: Judge Ben H. Cantrell

Court of Appeals

Farley vs. Leblanc
M1999-02155-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Barry R. Brown

Davidson Court of Appeals

Chapman vs. Jones
M1999-02178-COA-R9-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Russell Heldman

Hickman Court of Appeals

Kincaid vs. Kincaid
M1998-00529-COA-R3-CV
Trial Court Judge: Muriel Robinson

Davidson Court of Appeals