COURT OF APPEALS OPINIONS

Janet G. Seals v. Jefferson City, Tennessee and Jefferson County, Tennessee
03A01-9808-CV-00269
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Rex Henry Ogle

The issue presented by this appeal is whether an amendment to T.C. A.50 -1-304, (commonly knownn as the Whistle Blower Statute), which brough employees of the State of Tennessee within its purview, should be given retrospective effect.

Court of Appeals

Bill Jennings v. Lawler-Wood, Inc.
03A01-9803-CV-00111
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Richard E. Ladd

The controversy giving rise to this appeal had its genesis in a service contract for washers and dryers entered into between Plaintiff Bill Jennings and Defendant Lawler-Wood, Inc., which manageg Maple Oak apartments for the owners. 

Sullivan Court of Appeals

City of Lafayette v. Mark and Ruby Hammock
01A01-9901-CV-00056
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Judge Bobby H. Capers

In its eminent domain proceeding, the City of Lafayette (City) took a small strip of Mark and Ruby Hammock’s land along the City’s right-of-way for an existing street.

Macon Court of Appeals

Stone Fort Land Company v. The Tennessee Petroleum Underground Storage Tank Board, et al. - Concurring
01A01-9707-CH-00370
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Ellen Hobbs Lyle

This case involves eligibility for environmental cleanup funds. The plaintiff landowner appeals the decision of the Tennessee Petroleum Underground Tank Board finding the plaintiff ineligible to receive reimbursement from the petroleum underground storage tank fund established in Tennessee Code Annotated § 68-215-110. Upon initial review in chancery court, the Board’s decision was reversed. The trial court subsequently reconsidered its decision and, based on recent Tennessee appellate decisions, affirmed the Board’s decision to deny assistance. We affirm.

Davidson Court of Appeals

Pearl Nixon, v. Shoney's, Inc.
01A01-9711-CV-00629
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Bobby H. Capers

This is a personal injury slip and fall case. The plaintiff was injured when she fell in the defendant’s restaurant due to a tray negligently left on the floor. The defendant restaurant admits liability but asserts that the evidence does not support the amount of the trial court’s award and seeks a remittitur. We affirm the trial court’s decision as modified.

Wilson Court of Appeals

Mitchell L. Darnall, v. A+ Homecare, Inc., and James Bradley Smith, et al. - Concurring
01A01-9807-CV-00347
Authoring Judge: Judge William C. Koch, Jr.

The court has correctly affirmed the summary judgment dismissing Mr. Darnall’s Tenn. Code Ann. § 50-1-304 (Supp. 1998) claim. Even though I concur with the court’s decision, I have prepared this separate opinion to state my understanding of the elements of a Tenn. Code Ann. § 50-1-304 claim. I find this restatement necessary because of the Western Section’s reliance on Johnson v. St. Francis Hosp., Inc., 759 S.W.2d 925 (Tenn. Ct. App. 1988) in Merryman v. Central Parking Sys., Inc., No. 01A01-9203-CH-00076, 1992 WL 330404 (Tenn. Ct. App. Nov. 13, 1992) (No Tenn. R. App. P. 11 application filed).

Davidson Court of Appeals

Theresa G. Jenkins v. Lionel R. Barrett, Jr., and John G. Oliva - Concurring
01A01-9809-CV-00514
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Judge Lee Russell

The appellant states the issue before this Court thus:

A single, narrow issue is presented for consideration in this appeal: Does material evidence within the meaning of Rule 13d, appear in the record which suports the jury’s verdict of $140 ,000.00 in compensatory damages, and, if so, did the trial court erroneously grant a new trial?

The case history demonstrates that this issue is not properly before the Court for consideration.

Davidson Court of Appeals

Mitchell L. Darnall v. A+ Homecare, Inc. and James D. Smith
01A01-9807-CV-00347
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Cornelia A. Clark

This is an appeal by the plaintiff from summary judgment granted to the Defendants in a complaint asserting retaliatory discharge with the action based solely upon Tennessee Code Annotated section 50-1-304.

Williamson Court of Appeals

State of Tennessee v. Charles R. Brown
03C01-9806-CC-00213
Authoring Judge: Senior Judge L.T. Lafferty
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The appellant, Charles R. Brown, appeals as of right from his conviction for driving under the influence of an intoxicant (DUI) by a Blount County jury. The defendant was sentenced to eleven months and twenty-nine days. He was ordered to serve forty-eight hours in the county jail before being placed on supervised probation for eleven months and twenty-seven days. The defendant was also fined $350. In this direct appeal, the defendant presents two issues: (1) whether the evidence was sufficient to support the finding of guilt beyond a reasonable doubt; and (2) whether the trial court erred in charging the jury.

Blount Court of Appeals

02A01-9712-GS-00298
02A01-9712-GS-00298
Trial Court Judge: John Franklin Murchison

Madison Court of Appeals

Planet Rock vs. Regis Ins.
02A01-9807-CV-00218
Trial Court Judge: John Franklin Murchison

Madison Court of Appeals

Little Six Corporation vs. Ruth Johnson, Commissioner
01A01-9806-CH-00285
Trial Court Judge: Carol L. Mccoy

Davidson Court of Appeals

Buford vs. Cunningham
01A01-9806-CH-00325
Trial Court Judge: Irvin H. Kilcrease, Jr.

Davidson Court of Appeals

Advanced Sales vs. Wilson Co.
01A01-9805-CH-00245
Trial Court Judge: C. K. Smith

Wilson Court of Appeals

Jenny C. Walker vs. James M. Walker
M2001-00087-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol A. Catalano
After the parties separated, the husband borrowed a substantial amount of money to complete the renovation of marital property and to pay household expenses. The trial court divided the marital property pursuant to divorce, classifying the husband's post-separation loans as marital debt. The wife argues on appeal that the trial court erred in its classification and division of the post-separation debts. We affirm the trial court.

Robertson Court of Appeals

Southers vs. Southers
03A01-9802-CV-00001

Sullivan Court of Appeals

STS/BAC Joint Venture v. The City of Mt. Juliet
M2003-00171-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Charles K. Smith
The developer of a planned Wilson County subdivision sought damages for a temporary taking, claiming that the City of Mt. Juliet interfered with the completion of the project by arbitrarily refusing to grant necessary permits. The trial court granted summary judgment to Mt. Juliet, in part on the ground that the statute of limitations had passed on the developer's claim for relief. We affirm.

Wilson Court of Appeals

Amy Decker vs. Carroll Academy
02A01-9709-CV-00242
Trial Court Judge: Julian P. Guinn

Carroll Court of Appeals

Tabor vs. Eakin
03A01-9902-CV-00043

Knox Court of Appeals

Hennigan vs. Hennigan
01A01-9807-CH-00380
Trial Court Judge: Tyrus H. Cobb

Bedford Court of Appeals

In the Matter of: M.C.G.
01A01-9809-JV-00461
Trial Court Judge: Andrew J. Shookhoff

Davidson Court of Appeals

C&C Aluminum Builders Supply vs. Rynd
01A01-9804-CH-00225
Trial Court Judge: John W. Rollins

Coffee Court of Appeals

Lessley vs. Shope
01A01-9805-CV-00233
Trial Court Judge: Carol A. Catalano

Robertson Court of Appeals

Forklift Systems vs. Werner Enterprises
01A01-9804-CH-00220
Trial Court Judge: Carol L. Mccoy

Davidson Court of Appeals

Damron vs. Media General et al
01A01-9805-CV-00251
Trial Court Judge: Lee Russell

Lincoln Court of Appeals