COURT OF APPEALS OPINIONS

Billy Childress vs. Natasha Currie
W1999-00471-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Joseph H. Walker, III

Roger Kaufman vs. State
W1999-02449-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Jon Kerry Blackwood

Roller vs. Roller
M1999-00103-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Robert P. Hamilton

In re: S.B., et al
M1999-00140-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Robert E. Burch

Goolsby vs. Upper Cumberland Oil, Inc.
M1998-00986-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Bobby H. Capers

Horton vs. Parole Eligibility Review Bd.
M1999-02617-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Ellen Hobbs Lyle
An inmate in custody of the Department of Correction filed a petition for a common law Writ of Certiorari alleging that the Board of Paroles acted arbitrarily and illegally in denying him parole. The trial court entered a motion to dismiss for failure to state a claim upon which relief can be granted. This appeal followed and we affirm the trial court.

Crowe vs. Crowe
M1999-01889-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Clara W. Byrd

Mario Haywood vs. Dept. of Corrections, et al
M1999-02282-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Carol L. Mccoy
The plaintiff prison inmate filed pro se petition for declaratory judgment and/or a writ of certiorari seeking review of prison disciplinary board's finding of guilt and the punishment relating to a prison incident. The trial court dismissed the petition for lack of jurisdiction, finding that declaratory judgment was not available for a review of prison disciplinary proceedings and that the petition for a writ of certiorari was untimely filed. The trial court also denied the plaintiff's subsequent petition to rehear. The plaintiff appeals from the dismissal of his original petition and the denial of his petition to rehear. We affirm

Roxie Crowell vs. City of Memphis
W1999-02747-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Kay S. Robilio

John Layton vs. Penny Layton
W1999-02274-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D'Army Bailey

Stacy's Carpet Steam Cleaning Co. vs. David McNeely, et al
E1999-01880-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Jean A. Stanley
Stacy's Carpet Steam Cleaning Company d/b/a Bent Nail Construction, the Plaintiff, appeals a judgment from the Carter County Chancery Court. The Plaintiff's issues are whether the Trial Court erred in calculating the damages, erred in failing to award prejudgment interest, and erred in failing to enforce a mechanic's lien. The Defendants raise an issue insisting the parties reached an accord and satisfaction or a new contract. We affirm the judgment of the Trial Court pursuant to Rule 10 of this Court as to the Plaintiff's issues one and two and as to the Defendants' issue and modify its judgment as to the Plaintiff's issue three regarding enforcement of its lien.

Sarah Wilkerson vs. Robert Wilkerson
W1999-01684-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: James E. Swearengen

Mirage Casino vs. J. Roger Pearsall
W1999-01543-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Kay S. Robilio

City of Brentwood v.Metro Zoning Appeals
M2002-00514-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Irvin H. Kilcrease, Jr.
This appeal involves the efforts of the City of Brentwood to stop the construction of a billboard located in Davidson County. After Nashville's zoning administrator granted a building permit for the billboard, the City of Brentwood appealed to the Metropolitan Board of Zoning Appeals. When the Board affirmed the building permit, the City of Brentwood and four neighboring property owners filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County seeking judicial review of the Board's decision. The trial court granted the motions to dismiss filed by the Board and the owner of the billboard on the ground that the City of Brentwood and the individual property owners lacked standing. We have determined that the trial court erred by determining that the City of Brentwood and its public officials lacked standing to seek judicial review of the Board's decision.

Harold Russom vs. Philip McClore
W1999-02215-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: D'Army Bailey

Mack Brown vs. Dwight W. Ogle, et al
E1999-02513-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: W. Dale Young

Crestin Burke, et vs. James Monty Burke, et al
E1999-02481-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Billy Joe White

Lamar C. Pell, v. The City of Chattanooga, et al.
E1999-01712-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Chancellor Howell N. Peoples

Plaintiff’s residential property in Hamilton County was sold for delinquent property taxes after default judgment was entered against Plaintiff, the property owner. Plaintiff brought suit against the subsequent tax sale purchaser, and others, to set aside the default judgment and sale, asserting process had not been served properly on him in the delinquent tax suit. The Trial Court found that certified mail return receipts signed by Plaintiff’s wife were sufficient proof of service under T.R.C.P. 4.04(10) and T.C.A. § 67-5-2415(e)(1), and granted summary judgment to the tax sale purchaser of the property and the other Defendants. Plaintiff argues on appeal that he was not served properly with process, first arguing that he was not served at all and then arguing that the statutory service procedure relied upon by the Trial Court violates due process. The judgment of the Trial Court is affirmed. 

Phyllis Schwartz v. Lookout Mountain Caverns, Inc., et al.
E1999-01142-COA-R9-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge W. Neil Thomas, III

Following entry of judgment on a jury verdict, the Trial Court granted Defendants a new trial based upon allegations in the affidavit of one of the jurors. Plaintiff was granted interlocutory appeal limited to whether or not the Trial Court erred in granting Defendants’ Motion For New Trial based
on the information contained in the juror’s affidavit submitted by Defendants in support of their Motion For New Trial. Because the affidavit does not fall under any of the three exceptions to exclusion of juror testimony found in T.R.E. 606(b), the Trial Court erred in accepting the affidavit
into evidence on the issue of a new trial. No other evidence supported Defendants’ motion for new trial. Because no admissible evidence was properly before the Court, the Order for new trial is reversed and this lawsuit remanded for enforcement of the judgment previously entered on the verdict of the jury. 

Ellen Patty Seiber v. Town of Oliver Springs
E1999-01228-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Russell E. Simmons, Jr.

The plaintiff, a mid-level executive of the Town of Oliver Springs, “borrowed” various sums of money from a citizen of the Town over a three-year period which she repaid with sexual favors. When this activity came to light she was fired by the Mayor and City Administrator. Her suit, claiming breach of contract and discriminatory employment practices, was dismissed on motion for summary judgment. This appeal resulted. We affirm the judgment of the Trial Court. Tenn. R. App. P. 3 Appeal as of right; Judgment of the Circuit Court Affirmed
 

Ellen Patty Seiber v. Town of Oliver Springs - Concurring
E1999-01228-COA-R3-CV
Authoring Judge: Judge Hershel Pickens Franks
Trial Court Judge: Judge Russell E. Simmons, Jr.

Judge Franks.
The majority affirms the Trial Judge’s summary dismissal of plaintiff’s action, and
I concur in the affirmance of the dismissal on the basis that plaintiff was either estopped or has
waived her right to maintain this action.

Katrinka A. Stalsworth, and Jim Stalsworth, v. Robert A Grummons, M.D.
M1999-00047-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Thomas Goodall

The sole issue presented in this appeal is whether the trial court properly awarded as discretionary costs fees of the defendant’s expert witnesses who did not testify because the plaintiffs voluntarily dismissed their lawsuit on the day of trial before any proof was taken. The fees in question were charged by the defendant’s medical experts for reserving time in their schedules to testify, thereby precluding any other income-producing professional activities. The award of discretionary costs is affirmed.

Madge KirkhamFell v. Gloria Rambo
M1999-01039-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Lee Russell

This appeal involves a dispute over the proceeds of the sale of a family farm by a life tenant with an unlimited power of disposition. Following the life tenant’s death, the remaindermen named in the life tenant’s husband’s will filed suit in the Chancery Court for Marshall County against the executrix of the life tenant’s estate, the estate itself, and the beneficiaries named in the life tenant’s will asserting that the life tenant lacked capacity to sell the farm, that the executrix had unduly influenced the life tenant to sell the farm, and that the executrix had tortiously interfered with their inheritance from the life tenant’s husband. The trial court, sitting without a jury, found no lack of capacity or undue influence but determined that the remaindermen have an interest in the proceeds of the sale of the farm. The trial court also awarded attorney’s fees to the lawyer the remaindermen had discharged earlier in the proceeding. The life tenant’s estate and her executrix now appeal the conclusion that the remaindermen named in her husband’s will have an interest in the proceeds of the sale; while the remaindermen appeal from the dismissal of their lack of capacity, undue influence, and intentional interference with inheritance claims and the award of fees to their former lawyer. We have determined that the trial court correctly concluded that the life tenant was capable of selling the farm, that her executrix did not unduly influence her decision, and that the remaindermen’s former attorney was entitled to payment. We have also determined that the life tenant’s sale of the farm terminated the remaindermen’s interest as a matter of law. Accordingly, we reverse the judgment awarding the remaindermen $269,420.89 and remand the case to the trial court for further proceedings.
 

JGT Corporation v. E. Harwell Andrews, et al.
M1999-01395-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal arises from a dispute over whether a commercial lease was renewed. After lessors notified lessee that the lease had not been renewed, lessee filed for declaratory judgment on the issue of whether renewal notice was given timely, asserting an alternative ground of equitable relief from performance under the “special circumstances” doctrine. Lessors asserted the equitable maxim of unclean hands, averring that lessee created false evidence to attempt to establish timely compliance with the lease renewal requirement. Both sides moved for summary judgment, and the Chancellor entered judgment for lessee based upon the finding of “special circumstances” to excuse untimely performance by lessee, noting that issues of material fact exist as to timely notice. On this appeal, lessors allege error by the Chancellor’s award of equitable relief without resolving the unclean hands issue, along with error in the finding of “special circumstances,” and error in denying lessors’ counterclaim for breach of the implied duty of good faith and fair dealing. Because resolution of the issue of whether or not renewal notice was given timely is both necessary and dispostive of all other issues raised in this lawsuit, the order of the Chancellor awarding summary judgment to lessee is reversed, and this lawsuit remanded for trial.

Don Smith v. Keyport Self-Storage, et al.
W1998-00810-COA-R3-CV
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge D'Army Bailey

This is a negligent supervision lawsuit. The plaintiff rented a unit from the defendants' selfstorage facility. An employee of the self-storage facility stole the plaintiff's property and disappeared. The plaintiff sued the storage facility and its owners, alleging negligent supervision of the dishonest employee. A jury found in favor of the plaintiff and awarded compensatory damages. The defendants appeal. We reverse, finding that the plaintiff submitted insufficient evidence to support a finding of negligent supervision.