COURT OF APPEALS OPINIONS

) Hon. F Rank v. Will Iams, Iii
E1999-1570-COA-R3-CV

Court of Appeals

E1999-01610-COA-R3-CV
E1999-01610-COA-R3-CV
Authoring Judge: Judge David Michael Swiney

Polk Court of Appeals

E1999-02128-COA-R3-CV
E1999-02128-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

Washington Court of Appeals

E1999-01033-COA-R3-CV
E1999-01033-COA-R3-CV

Court of Appeals

E1999-01501-COA-R3
E1999-01501-COA-R3

Court of Appeals

E1999-02318-COA-R3-CV
E1999-02318-COA-R3-CV

Court of Appeals

Teresa Constantino/Lila Williams vs. Charlie/Glenda Williams
W1999-00229-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: W. Michael Maloan
This case involves the interpretation of a deed. The granting clause of the deed created a life estate in the grantee, the ex-husband of the grantor, with a remainder to the three children of the grantee and grantor. However, the habendum clause retained a life estate in the grantor. The trial court decided that the grantor did not retain a life estate because any ambiguity in the deed should be construed strictly against the grantor. The grantor appealed to this Court. We reverse.

Weakley Court of Appeals

Ralph E. Williams vs. Dept of Employment Security , Comm. Margaret Culpepper, and Chattanooga Area Regional Transportation Authority
E1999-01528-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.

Hamilton Court of Appeals

Dorothy Tharp vs. Lenita Kay Tharp
E1999-00921-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks

Court of Appeals

State of Tennessee, ex rel., Mickey Phillips, vs. Gwen Knox
E1999-00205-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Ralph E. Williams vs. Dept of Employment Security , Comm. Margaret Culpepper, and Chattanooga Area Regional Transportation Authority

Anderson Court of Appeals

Bennie Faulkner vs. Homer Skelton
W1999-00621-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Robert L. Childers
This is a personal injury and wrongful death case involving an automobile accident. The plaintiffs, husband and wife, suffered injuries, and the wife's mother, a passenger in the car, died as a result of the accident. The driver of the other car was a sixteen-year old boy. The plaintiffs sued the boy's grandfather, and various corporate entities that he owned, alleging that they were the true owners of the car and had let the boy drive it for family and business purposes, and also alleging negligent entrustment. The trial court granted summary judgment to the defendants. We affirm, finding the evidence insufficient to support claims under any of these theories.

Shelby Court of Appeals

Buford Knight vs. Greene County, TN & Alan D. Broyles
E1999-02445-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.

Greene Court of Appeals

Steve Myers vs. Danny Wilson & Elmo Mayes
E1998-00732-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.

Claiborne Court of Appeals

Lee Greer vs. Maureen Zolfagharbik
W1999-01013-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Ron E. Harmon
This is a will contest case. The defendant/appellant challenges the validity of a mutual release she signed in which she waived any right she had to challenge the revocation of the decedent's will or to establish any rights under the decedent's will, in exchange for a release of any claims the estate may have had against her. The trial court found that the mutual release signed by the defendant/appellant effectively waived any claim she may have had to establish the validity of the decedent's will. We affirm, finding that the mutual release was an effective waiver of any rights the defendant/appellant had under the will or to challenge revocation of the will.

Henry Court of Appeals

Donald James Alexander vs. Carolyn Paxton Alexander
E1998-00855-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.

Hamilton Court of Appeals

Stephens vs. Roane State Comm. College
M1998-00125-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Patricia J. Cottrell

Davidson Court of Appeals

Ali vs. Professional Real Estate Developers, Inc.
M1999-00082-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Carol L. Mccoy

Davidson Court of Appeals

Ross vs. Vanderbilt Univ. Medical Ctr.
M1999-02644-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Thomas W. Brothers

Davidson Court of Appeals

Estate of Connie S. Bligh
M1999-02645-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Frank G. Clement, Jr.

Davidson Court of Appeals

In Re: Nikolas Dean Welch
M1999-02649-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Leonard W. Martin

Dickson Court of Appeals

Valerie Humphreys vs. Stuart Breakstone
W1999-02502-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: W. Michael Maloan
This is a legal malpractice action. The plaintiff is the majority shareholder of a corporation as well as a member of the corporation's board of directors. The defendant attorney and law firm represented the corporation. The plaintiff sued the defendant for professional malpractice, negligence, collusion, and interference in economic development, arising out of the defendant's representation of the corporation. The trial court held that the plaintiff did not have standing to bring a derivative suit in her own name since all of the alleged injuries were suffered by the corporation, not the plaintiff. We affirm, finding that a derivative suit to address injuries to a corporation must be filed in the name of the corporation, and that an individual shareholder may not sue pro se on behalf of the corporation.

Shelby Court of Appeals

Marilyn Powell vs. Brenda Moore
W1998-00001-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: D. J. Alissandratos

Shelby Court of Appeals

In the Matter of Renee Valle
W1998-00617-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: George E. Blancett

Shelby Court of Appeals

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

Madison Court of Appeals

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

Davidson Court of Appeals