COURT OF APPEALS OPINIONS

Janice Leslie vs. Charles/Patricia Caldwell
02A01-9807-CV-00179
Trial Court Judge: Robert L. Childers

Conister Trust v. Boating Corp. of America & Villas-Afloat
M1998-00949-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Tom E. Gray
The buyer of three boats that were to be built pursuant to specific instructions defaulted on payment for the second and third boats by failing to pay the entire purchase price of the boats. The seller resold the two boats and recovered its damages caused by the buyer's breach. A creditor of the buyer, who furnished funds for the purchase of the first two boats, sought the excess proceeds from the sale of the second boat asserting that it had an unperfected security interest. Because the buyer did not attain rights in the collateral sufficient to meet the requirements for attachment of a security interest, the creditor is not entitled to distribution of the proceeds under Article 9 of the Uniform Commercial Code. Instead, the rights of the buyer and seller are governed by Article 2. The creditor was entitled to assert the buyer's right to restitution of partial payments, and the seller was entitled to recover its damages from the resale of the two boats. The seller also had a right of setoff which it exercised to recover losses on the third boat from moneys realized in the sale of the second boat. Accordingly, we affirm the trial court.

Remington Investments, Inc., v. Ronald S. Obenauf and Ardeth Obenauf
01A01-9809-CH-00512
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Robert E. Corlew, III

This is an appeal from a grant of summary judgment by the trial court domesticating a Connecticut judgment under Tennessee Code Annotated section 26-6-101 et seq. against both defendants. I. The Connecticut Action In September 1990, Connecticut Savings Bank brought suit in the Superior Court of the Judicial District of New Haven, Connecticut against Ronald S. Obenauf and Ardeth H. Obenauf on a promissory note in the amount of $34,000, executed by Ronald S. Obenauf and dated March 27, 1990. Plaintiff alleged that it was the current holder of the promissory note and that Ronald S. Obenauf had failed to make monthly payments in accordance therewith. The bank demanded judgment of the amount of the promissory note together with  nterest and costs. The bank further sought fees and expenses, including reasonable attorney fees, asserting that plaintiff had been harmed by the failure of the defendant to make payment on the promissory note.

Doyle Shirt Manufacturing Corporation, v. T. Michael O'Mara, et al.
01A01-9711-CH-00670
Authoring Judge: Special Judge Walter W. Bussart
Trial Court Judge: Chancellor Vernon Neal

This appeal involves the requirement of Tennessee Rule of Civil Procedure 11.01 that pleadings be signed by an attorney or by a party if that party is not represented by an attorney. Finding that the plaintiff did not comply with Rule 11 within the statutory period of limitations, the Putnam County Chancery Court granted summary judgment to the defendant. We affirm the decision of the trial court.

Luvana Leean Tudors vs. Carl William Bell, Jr., - Concurring
01-A-01-9802-CV-00103
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Thomas W. Graham

This is an appeal of two ten-day sentences for criminal contempt. We find that the procedural requirements for a sentence for criminal contempt have not been satisfied. We, therefore, reverse the lower court’s order.

Paula H. Chaffin, Manny Formigo, and Brenda Thurman, et al., v. Norwegian Cruise Line Ltd, A/K/A Norwegian Cruise Lines, Inc., A/K/A Norwegian Cruise Lines, et al.
02A01-9803-CH-00080
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor J. Steven Stafford

Paula Chaffin, Manny Formigo, Brenda Thurman, Brent Mezzacasa, Maria 3 Rodriguez, Robert Kirk, Lloyd Ramer, Jerry Knott, and Mike Freeman (“Plaintiffs”), who were appointed by the trial court as class representatives in this conditionally certified class action, appeal from the trial court’s dismissal of their claims against four separate cruise line businesses, which included: (1) Norwegian Cruise Line Limited f/k/a Kloster Cruise Limited (“Norwegian”); (2) Carnival Corporation and/or Carnival Cruise Lines, Inc. (“Carnival”); (3) Royal Caribbean Cruises, Ltd. (“Royal Caribbean”); and (4) Princess Cruise Lines, Inc. (“Princess”). Plaintiffs’ claims were based upon alleged Tennessee Consumer Protection Act (TCPA) violations and upon alleged fraudulent misrepresentations. The trial court dismissed Plaintiffs’ claims based upon forum selection clauses contained in written cruise contracts. Based upon the following, we find that the subject forum selection clauses are neither invalid based upon fraud nor unenforceable based upon unreasonableness. Moreover, we find that the subject forum selection clauses do not contravene a strong Tennessee public policy. Accordingly, we find that the forum selection clauses are enforceable and that the trial court’s dismissal was proper. We therefore affirm.

Brenda Kaye Thomas v. Johnny Wayne Thomas
02A01-9711-CH-00292
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge J. Steven Stafford

This appeal involves a petition to modify an award of alimony. Appellant, Johnny Wayne Thomas (Husband), appeals the order of the trial court denying Husband’s petition to modify by deletion an award of alimony in futuro awarded to Appellee, Brenda Kaye Thomas (Wife).

Estate of Carlisa Toney. a minor, by next friend, parent and guardian, Vernioca M. Toney, Individually, v. Bill Cunningham, Mrs. Bill (Ardia) Cunningham, Percy L. Ward and Mrs. Percy L. (Mary) Ward
02A01-9801-CV-00005
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge George H. Brown, Jr.

In this wrongful death action, the trial court granted a motion to quash process and dismiss complaint filed by Defendants Percy and Mary Ward. Additionally, the trial court granted a motion for summary judgment filed by Defendants Bill and Ardia Cunningham. Plaintiff Veronica Toney appeals the ruling of the trial court regarding the motion to quash process and dismiss complaint as well as the motion for summary judgment. For the reasons set forth below, we affirm the judgment of the trial court.

Greg Townshend v. Erin Blanding Bingham
02A01-9801-CV-00019
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge D'Army Bailey

This appeal involves a petition to modify child custody. Respondent-Appellant, Erin Blanding Bingham (Mother), appeals from the order of the trial court granting the petition to modify custody filed by Petitioner-Appellee, Thomas Gregory Townshend (Father).

In Re: Estate of J.B. Warren, Deceased
02A01-9806-CH-00156
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor George R. Ellis

Respondent Anita W. Goode LeCornu (Respondent) appeals the trial court’s judgment admitting to probate the will of J. B. Warren, Jr. (Testator). We vacate the trial court’s judgment based upon our conclusion that the court erred in ruling that the Testator did not effectively revoke one of the will’s provisions.

Myranda Brown, a minor, Candy Brown, a minor, and Sherry Mills, Individually and as Parent and Next Friend of Myranda Brown and Candy Brown v. Jessica M. Chesor and Lisha D. Oaks
02A01-9806-CV-00174
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Jon Kerry Blackwood

This appeal involves a suit for personal injuries and property damage resulting from an automobile accident. Plaintiffs-appellants, Myranda Brown (Brown), Candy Brown (Candy) and Sherri Mills (Mills) appeal the judgment on the jury verdict that awarded plaintiff Mills $922.00 in damages and awarded no damages for plaintiffs Myranda and Candy against defendants, Jessica Chessor (Jessica) and Lisha D. Oaks (Oaks).

Ray Darris Thompson v. Betty Hammond, et al. - Concurring
02A01-9808-CV-00221
Authoring Judge: Judge Farmer
Trial Court Judge: Judge Robert L. Childers

Plaintiff Ray Darris Thompson appeals the trial court’s final order entering summary judgment in favor of Defendants/Appellees Betty Hammond, Vernon Brown, June Wesson, Bruce MacDonald, and Christine Bradley.  We reverse the trial court’s judgment based on our conclusion that the trial court erred in granting the Defendants’ motion for summary judgment  without considering Thompson’s motion to compel discovery.

Billy Wesson and Diane Wesson v. Woodworks, Inc. v. Larry Cupples, D/B/A Construction Company
02A01-9808-CV-00225
Authoring Judge: Judge David R. Farmer

Defendant Woodworks, Inc., appeals the circuit court’s final judgment in the amount
of $8288 which was entered in favor of Plaintiffs/Appellees Billy and Diane Wesson. We reverse
the circuit court’s judgment based upon our conclusion that the court erred in directing a verdict in
favor of Defendant/Appellee Larry Cupples, d/b/a Cupples Construction Company, and we remand
for a new trial.

Hite vs. Glazer Steel
03A01-9808-CV-00256

Jaco vs. Dept. of Health, Bureau of Medicaid
01A01-9806-CH-00324
Trial Court Judge: Irvin H. Kilcrease, Jr.

01A01-9807-CH-352
01A01-9807-CH-352

B&H Investments, Inc., v. James W. Brooks
W1999-01252-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Chancellor Joe C. Morris

This appeal arises from a dispute regarding whether Plaintiff B& H was entitled to a deficiency judgment following a foreclosure sale of Defendants' property. Despite Defendant Brooks' counter-claim of fraud in the sale, the court found that Plaintiff was entitled to a deficiency judgment. Defendant Brooks' motion for new trial or for an amendment of the findings of fact was denied. Brooks appeals this denial.

Lois Winbush vs. Thomas Winbush
02A01-9809-CH-00248
Trial Court Judge: Joe C. Morris

Joann Mooney vs. Joe Sneed
02A01-9709-CV-00210
Trial Court Judge: D'Army Bailey

Fideltity and Casualty Company of New York, v. Gregory Entertainment, Inc.
01-A-0-9804-CH00203
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Henry Denmark Bell

The primary issue in this case is whether the trial court should have granted Plaintiff's motion to amend its complaint to correct deficiencies that were raised by Defendant in a motion for judgment on the pleadings. Plaintiff disputes that the Complaint is deficient, but requested to be allowed to amend the Complaint by attaching discoverable documents that would have been introduced at trisl. We are of the opinion that leave to amend should have been granted.

Citizen's Tri-County Bank vs. Georgia Mutual Ins. Co.
01A01-9805-CV-00259
Trial Court Judge: Buddy D. Perry

Blevins vs. Blevins
01A01-9712-CH-00738

Helson vs. Cyrus
01A01-9809-CH-00507
Trial Court Judge: Cornelia A. Clark

Pigg vs. Casteel, et al
01A01-9807-CH-00384
Trial Court Judge: Ellen Hobbs Lyle

Reid vs. Lutche, et al
01A01-9803-CH-00168
Trial Court Judge: Carol L. Mccoy