COURT OF APPEALS OPINIONS

Charles Young v. Donal Campbell, Et Al.
M1999-02788-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Carol L. Mccoy
This appeal involves a dispute between a prisoner and the Tennessee Department of Correction regarding the calculation of his sentence expiration date. After the Department declined to give him credit for the time he had been on probation for a prior arson sentence, the prisoner filed suit against the Commissioner of Correction in the Chancery Court for Davidson County seeking 1,568 days of additional sentence credits. The trial court granted the Commissioner's motion for summary judgment after concluding that the Department's calculation of the prisoner's sentence was consistent with the sentencing court's orders and that it lacked jurisdiction to review the actions of the sentencing court. The prisoner has appealed. We have determined that the trial court properly dismissed the prisoner's petition for certiorari.

Davidson Court of Appeals

William Horton v. Dept. of Correction
M1999-02798-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Carol L. Mccoy

Davidson Court of Appeals

William Horton v. Dept. of Correction
M1999-02798-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Carol L. Mccoy

Davidson Court of Appeals

Don Brunetti v. Board of Zoning Appeals of Williamson County, et al. - Concurring
01A01-9803-CV-00120
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Henry Denmark Bell

This is an appeal of the trial court’s affirmance, in a writ of certiorari action, of a decision of the Williamson County Board of Zoning Appeals interpreting and applying provisions of the Williamson County Zoning Ordinance. The Appellant, Mr. Brunetti, is a neighbor of Mr. Brian Sanders, and objects to the operation of two grain bins (sometimes referred to as silos) on Mr. Sanders’s 5-acre parcel in Williamson County, which is zoned “Estate.” The Board of Zoning Appeals interpreted state statute and local  ordinance to allow this “agricultural” use. We affirm.

Williamson Court of Appeals

Joanne Thompson Barrett v. Marilyn Young Hill - Concurring
01A01-9806-CV-00295
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Robert E. Corlew

This case involves a dispute between neighbors over a sewer line. The Defendant, Marilyn Hill, appeals the trial court’s finding of an easement by  implication in favor of the Plaintiff, Joanne Barrett, across Ms. Hill’s property for the purpose of connecting Ms. Barrett’s property to the city sewer line. We affirm the trial court.

Rutherford Court of Appeals

William Jones v. Jeff Reynolds, Commissioner, Tennessee Department of Correction
01A01-9809-CH-00499
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Carol L. McCoy

Plaintiff William Jones appeals the trial court’s order granting the motion for summary judgment filed by the Commissioner of the Tennessee Department of Correction in this dispute over the Department’s calculation of Jones’ sentence reduction credits. We affirm the trial court’s judgment.

Davidson Court of Appeals

Electric Controls, et al., v. Ponderosa Fibres of America, et al.
02A01-9712-CH-00304
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Floyd Peete, Jr.

Defendant Vanderbilt Industrial Contracting Corporation (VICC) appeals the trial court’s judgments which awarded attorney’s fees to two of VICC’s co-defendants in this lawsuit, Kajima International, Inc., and Titan Contracting and Leasing Company. We reverse the trial court’s judgments based upon our conclusion that the relief awarded exceeds the scope of the relief requested by the parties’ pleadings.

Shelby Court of Appeals

Kevin Kathleen Stacey v. Donald Ray Stacey
02A01-9802-CV-00050
Authoring Judge: Senior Judge F. Lloyd Tatum
Trial Court Judge: Judge D'Army Bailey

Donald Ray Stacey (Husband) appeals an order modifying the terms of the parties’ final decree of divorce. After almost twenty-eight years of marriage, the parties were divorced on July 6, 1995. The final decree was subsequently amended on July 14, 1995, to require Husband to pay attorney’s fees to Kevin Kathleen Stacey (Wife). Three children were born during the course of the marriage, but only one child, Zachary, was still a minor at the time of the couple’s divorce. Pursuant to the Amended Final Decree of Divorce (amended final decree), Wife was granted sole custody of the minor child with Husband having reasonable visitation. Husband was ordered to pay $1,300.00 in child support per month plus the Child Support Guidelines amount of 21% of his annual bonus up to a total gross income of $9,900.00 (bonus and base salary).

Shelby Court of Appeals

Charles O. Mix and wife, Marilyn V. Mix, and Charles Alan Mix, v. Ray Miller and wife, Cleao Miller, Sandra Miller Scott, and Sherrell Mille Cole v. Ray Miller
02A01-9804-CH-00104
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor J. Walton West

The Mixes and the Millers are owners of adjacent pieces of real property. In this boundary line dispute, the trial court (1) determined the boundary line that divides the parties’ properties, (2) awarded damages to the Millers for certain timber that had been removed from the disputed property by the Mixes, (3) denied the parties’ motions to alter, modify, or amend its judgment or, in the alternative, for a new trial, (4) denied the Millers’ motion for discretionary costs, and (5) denied the Mixes’ motion to re-open the proof. For the reasons set forth below, we affirm in part, reverse in part, and remand the cause for further proceedings consistent with this opinion

Decatur Court of Appeals

Catherine Edmundson v. Jimmy C.Grisham, d/b/a Germantown Pest Control, Germantown Termite & Pest Conrol, Inc., et al., - Concurring
02A01-9810-CV-00298
Authoring Judge: Judge Farmer
Trial Court Judge: Judge Karen R. Williams

Defendants Jimmy C. Grisham, d/b/a Germantown Pest Control, Germantown Termite and Pest Control, Inc., and Christopher D. Alexander appeal the trial court’s judgment entered on a jury verdict in favor of  Plaintiff/Appellee Catherine Edmundson in the amount of $50,000. We  affirm the trial court’s judgment.

Shelby Court of Appeals

Steven Cobb v. Charles Wilson, et al.
02A01-9811-CV-00308
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Joseph H. Walker, III

Steven Cobb appeals from the dismissal of his pro se complaint against Charles Wilson, Evelyn Scallions, and Steve Vaughn. The complaint, filed pursuant to 42 U.S.C. § 1983, alleged violations of Cobb’s rights under the First, Eighth, and Fourteenth Amendments to the United States Constitution.

Lauderdale Court of Appeals

State of Tennessee, ex rel, William L. Gibbons, v. Sherrod Jackson, Robert Williams, Nathaniel Williams, Mike Williams, Shirley Blalock, and Steven Craig Cooper
02A01-9710-CH-00247
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Floyd Peete, Jr.

Sherrod Jackson, Robert Williams, Nathaniel Williams, Mike Williams, Shirley Blalock, and Steven Craig Cooper (collectively “Appellants”) appeal from the Chancery Court of Shelby County, which granted a temporary injunction, enjoining the Appellants from permitting “lap dancing” and from permitting employees or independent contractors from engaging in “lewd and obscene exhibition of genitals.”

Shelby Court of Appeals

Town of Huntsville, Tennessee, a Municipal Corporation of the State of Tennessee, and Stanlodge, LLC., v. William I. Duncan, Richard Smith, Luke Coffey, James R. Potter
E1999-01571-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor Billy Joe White

This litigation originated when the Town of Huntsville (“Huntsville”) and Stanlodge, LLC (“Stanlodge”), filed suit challenging the constitutionality of Chapter 1101 of the Public Acts of 1998. The plaintiffs specifically contest Section 9(f)(3)1 of Chapter 1101, which permits certain territoriesto hold incorporation elections even though these territories do not satisfy the minimum requirements for such elections as set forth in the general law. See T.C.A. § 6-1-201 (1998). On cross motions for summary judgment, the trial court granted summary judgment to the defendants, finding that Section 9(f)(3) is constitutional. Huntsville and Stanlodge appeal, raising   five issues:

Scott Court of Appeals

Lattimer vs. TDOC
01A01-9804-CH-00200
Trial Court Judge: Carol McCoy

Davidson Court of Appeals

Wagner vs. Gaston
01A01-9804-CV-00215
Trial Court Judge: Patricia J. Cottrell

Sequatchie Court of Appeals

In re: The Adoption of female child, E.N.R.
01A01-9806-CH-00316
Trial Court Judge: Patricia J. Cottrell

Lawrence Court of Appeals

Hulshof vs. Hulshof
01A01-9806-CH-00339
Trial Court Judge: Patricia J. Cottrell

Marshall Court of Appeals

Sherlock vs. Kwik Sak, et al
01A01-9807-CV-00346
Trial Court Judge: Patricia J. Cottrell

Rutherford Court of Appeals

Nickelson vs. Sumner Co. Bd. of Ed.
01A01-9807-CV-00375
Trial Court Judge: Patricia J. Cottrell

Sumner Court of Appeals

Haywood vs. Haywood
01A01-9808-CH-00442
Trial Court Judge: Patricia J. Cottrell

Maury Court of Appeals

Eldridge vs. Eldridge
01A01-9808-CV-00451
Trial Court Judge: Thomas Goodall

Sumner Court of Appeals

Eldridge vs. Eldridge
01A01-9808-CV-00451

Sumner Court of Appeals

Davis vs. Computer Maintenance Svc.
01A01-9809-CV-00459
Trial Court Judge: Walter C. Kurtz

Davidson Court of Appeals

01A01-9809-CH-00504
01A01-9809-CH-00504
Trial Court Judge: Carol L. Mccoy

Davidson Court of Appeals

Cumberland Bend Investors vs. Ambrose Printing
01A01-9810-CH-00543
Trial Court Judge: Irvin H. Kilcrease, Jr.

Davidson Court of Appeals