COURT OF APPEALS OPINIONS

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.

Putnam Court of Appeals

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).

Lake Court of Appeals

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).

Shelby Court of Appeals

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.

Shelby Court of Appeals

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.

Haywood Court of Appeals

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.

Shelby Court of Appeals

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.

Madison Court of Appeals

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).

Hardeman Court of Appeals

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

Court of Appeals

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

Chester Court of Appeals

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

Shelby Court of Appeals

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.

Madison Court of Appeals

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

Davidson Court of Appeals

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

Court of Appeals

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.

 

Williamson Court of Appeals

Carrie Pinson vs. Michael Tata
02A01-9804-CV-00115
Trial Court Judge: James E. Swearengen

Shelby Court of Appeals

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

Court of Appeals

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

Grundy Court of Appeals

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

Davidson Court of Appeals

Ramsey vs. Ramsey
01A01-9805-CH-00262
Trial Court Judge: Allen W. Wallace

Dickson Court of Appeals

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

Davidson Court of Appeals

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

Williamson Court of Appeals

Patricia Reed vs. Alamo Rent-a-Car
02A01-9802-CV-00032
Trial Court Judge: Kay S. Robilio

Shelby Court of Appeals

Sturdivant vs. Sturdivant
01A01-9804-CH-00198
Trial Court Judge: Henry Denmark Bell

Court of Appeals

Frederic R. Harris, Inc., v The Metropolitan Government of Nashville, and Davidson County
A1-A-01-9803-CH00130
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Carol L. McCoy

Frederic R. Harris, Inc., (FRH), formerly PRC Engineering, Inc., entered into a contract with the Metroolitan Government of Nashville and Davidson County (Metro), whereby FRH agreed to provide computer design services to Metro on a cost-plus-fee basis.  FRH promised to provide engineering services for the design an implementation of a Computerized Traffic signal system for Metro.

Davidson Court of Appeals