COURT OF APPEALS OPINIONS

Ann King, et al vs. Danek Medical Inc., et al
W1999-02651-COA-R3-CV
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: John R. Mccarroll, Jr.

E1999-01965-C0A-R3-CV
E1999-01965-C0A-R3-CV
Trial Court Judge: Douglas A. Meyer

Darron Smith vs. Ed Mullikin
W1999-00105-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D'Army Bailey

Simonton vs. Huff
M1998-00493-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Thomas Goodall

Burress vs. Sanders
M1999-00210-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Muriel Robinson

Suntheimer vs. Suntheimer
M1999-00248-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Patricia J. Cottrell

Jones vs. Ewell
M1999-00883-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Jeffrey F. Stewart

Brown vs. Brown
M1999-02739-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Thomas W. Graham

Thurman Deshazer vs. Ferrell Paving
W1998-00834-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: George H. Brown

Dianne Fisher vs. Isaac Fisher
W1998-00864-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Kay S. Robilio

Monroe Davis vs. State of Tennessee
W1999-02701-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby

Scott vs. Ashland Healthcare Center
M1999-00346-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Robert E. Burch

Ronald Collier v. Jack Morgan
M1999-00476-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Donald P. Harris

This appeal involves an inmate seeking to purse a 42 U.S.C. § 1983 claim against two prison officials. The Circuit Court for Hickman County dismissed the inmate’s claim for failure to comply with Tenn. Code Ann. § 41-21-805 (1997). On this appeal, the inmate asserts that the trial court erred by dismissing his complaint and by declining to grant his request for a temporary injunction. We affirm the dismissal of the inmate’s suit in accordance with Tenn. Ct. App. R . 10(b).1

Wilson Co. School System vs. Clifton
M1999-00359-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Carol L. Mccoy

Ricky Lee Oldham v. Tennessee Department of Correction
M1998-00852-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Carol L. McCoy

This appeal involves a dispute between an inmate and the Tennessee Department of Correction (“Department”) regarding deductions from the inmate’s trust account to pay the court costs stemming from his criminal conviction. After his inmate grievance proved unsuccessful, the inmate filed a petition for a declaratory order in the Chancery Court for Davidson County seeking a declaration that the Department could not deduct funds from his inmate trust account without a court order. The trial court dismissed the inmate’s petition because it did not state that the inmate had previously sought a declaratory order from the Department. The inmate asserts on this appeal that he should be excused from this requirement because he is undertaking to represent himself and because his grievance was tantamount to a petition for a declaratory order. We affirm the dismissal of the inmate’s complaint in accordance with Tenn. Ct. App. R. 10(b).1

Whitaker vs. Whirlpool, et al
M1999-00231-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Ellen Hobbs Lyle

M1999-00228-OCA-R3-CV
M1999-00228-OCA-R3-CV
Trial Court Judge: Muriel Robinson

McKinney vs. Jarvis
M1999-00565-COA-R9-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Russell Heldman

Nashville Clubhouse Inn, et al vs. Johnson
M1998-00898-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Carol L. Mccoy

State Auto Ins. Co. vs. Bishop
M1998-00900-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Patricia J. Cottrell

Jackson vs. Futrell
M1999-01046-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Allen W. Wallace

Ward vs. TN Bd. of Paroles
M1999-02478-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen Hobbs Lyle

Ahmad Ben Nama and Kahled Abed v. Aymanayoub, d/b/a Limited Auto Sales - Concurring
M 1999-00171-C O A -R 3-C
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Irvin H. Killcrease, Jr.

This is an appeal from the chancellor’s denial of Defendant’s motion to alter or amend findings of fact. The question to be answered is whether the “newly discovered evidence rule”  would allow the presentation post-trial of evidence which the proponent concedes he could have produced at trial. The defendant contends that evidence which tends to show misrepresentation on the part of a nonmovant should be allowed under a motion pursuant to Tenn. R. Civ. P. 52, 59 and 60 regardless of whether it was discoverable at trial. Under the circumstances of the case at bar, we cannot agree.

Scott Graham Hartman, Kay Hartman, his mother and duly qualified conservator and guardian, and Cleon Hartman, v. The University of Tennessee and State of Tennessee
M1999-02730-COA -R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Commissioner W. R. Baker

For the second time, the claimants appeal a decision of the Tennessee Claims Commission deny ing them recovery from the University of Tennessee and the State of Tennessee of $1,026,666 in medical expenses allegedly paid by BellSouth Corporation under an ERISA plan with BellSouth alleged to be subrogee of such pay ments.

E1999-1529-COA-R3-CV
E1999-1529-COA-R3-CV