COURT OF APPEALS OPINIONS

First American National Bank vs. Alexander & Betty Smith
02A01-9710-CH-00273

Robert Morris v. Columbia Construction
M2002-00503-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Robert L. Jones
In this suit for retaliatory discharge, Appellant asserts that his filing of a worker's compensation claim was a substantial factor in his employer's decision to terminate him. The trial court granted summary judgment to the employer. We affirm.

02A01-9709-CV-00206
02A01-9709-CV-00206
Trial Court Judge: Dick Jerman, Jr.

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Trial Court Judge: John R. Mccarroll, Jr.

Less, Getz & Lipman vs. Rainbow Entertainment
02A01-9706-CV-00124
Trial Court Judge: Janice M. Holder

Elizabeth Bates vs. Robert Bates
02A01-9708-CH-00185

Potter's Home Center, Inc., D/B/A Potter's Home Center, v. Lauren Dale Tucker, and Wilburn R. Viles, Sr., and wife Mildred E. Viles, and the Guaranty Title Company, and First American National Bank
03A01-9710-CH-00467
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge William E. Lantrip

Potter’s Home Center appeals the trial court’s summary judgment which dismissed its suit to enforce a materialman’s lien against Defendants/Appellees Wilburn R. Viles, Sr., and Mildred E. Viles. We affirm the trial court’s judgment based on our conclusion that Potter’s failed to comply with the applicable notice requirements of the mechanics’ and materialmen’s lien statutes.

The Town of Collierville, Tennessee, Schilling, Inc., Jane Porter Feild, and Joel H. Porter, v. Norfolk Southern Railway Company
02A01-9706-CV-00134
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge John R. McCarroll, Jr.

Defendant Norfolk Southern Railway Company appeals the trial court’s orders of
possession entered in favor of Plaintiff/Appellee Town of Collierville in two eminent domain
cases. In entering its orders of possession, the trial court ruled that, as a matter of law, the
Town of Collierville had the right to condemn easements across Norfolk Southern’s railroad
track for the purpose of constructing two grade crossings and that Norfolk Southern was
not entitled to an evidentiary hearing on the right-to-take issue. For the reasons hereinafter
stated, we reverse the trial court’s orders of possession and remand for further
proceedings.

Rickye D. Anderson v. L. Lois Anderson
01A01-9704-CH-00186
Authoring Judge: Judge Alan E. Highers

Appellant has filed a petition to rehear which, after due consideration is respectfully denied.

Van Adrian Barker v. Patsy Lou (Randolph) Sledd Barker - Concurring
01A01-9704-CH-00192
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Judge Tom E. Gray

In this divorce case, the husband Van Adrian Barker has appealed from the judgment of the Trial Court declaring the parties to be divorced under TCA § 36-4-129, and dividing the marital estate. The appellant presents only the following issue:

I.    Whether the Chancellor erred in finding that the husband did not substantially contribute to the appreciation of the rental property owned by the wife, thereby denying the husband a share in that appreciation.

Van Adrian Barker v. Patsy Lou (Randolph) Sledd Barker - Concurring
01A01-9704-CH-00192
Authoring Judge: Judge William C. Koch, Jr.

I concur with the court’s opinion for two reasons. First, the expenses associated with the upkeep of the Gail Drive house were more than off-set by the rental income from the house. Second, the increase in the value of the house was due, not to Mr. Barker’s contributions to the maintenance of the house which were de minimis, but to the appreciation in the value of real property in general.

Sidney Tillman Hoover, v. Daniel Edmondson Hoover
01A01-9706-CV-00245
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge H. Denmark Bell

This is a divorce case. Defendant-appellant Daniel Hoover appeals the trial court’s division of marital property and asserts that the land containing the parties marital home was improperly classified as wife’s separate property. Plaintiff-appellee Sidney Hoover asserts that the trial court erred in failing to award her one-half of Husband’s retirement account.

City of Murfreesboro v. Mariann M. Worthington, City of Murfreesboro v. Thomas W. Worthington and wife, Mariann M. Worthington
01A01-9703-CV-00124
Authoring Judge: Judge Holly Kirby Lillard

Upon consideration of the petition for rehearing of Plaintiff/Appellant City of Murfreesboro, the petition is denied.

In the matter of: Joel Kristen Sipe, State of Tennessee, Dept. of Childrens Services v. Bruce Sipe and Laurel Sipe
01A01-9704-JV-00185
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Andrew J. Shookhoff

This is a termination of parental rights case. The minor child in question is Joel Kristen Sipe, born September 7, 1995 to Laurel Sipe (“Mother”) and Bruce Sipe (“Father”). The trial court terminated the parental rights of both parents as to this child after finding on clear and convincing evidence that grounds existed to do so. Both parents have appealed. For the reasons expressed below, we affirm.

Bobby Blackmon, v. Steven F. Glaser
01A01-9606-CV-00269
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Thomas Goodall

The plaintiff, Bobby Blackmon, has appealed from a judgment reading as follows: The Motion to Set Pretrial Management Conference is overruled. This order shall be considered as a final judgment disposing of any claim, right or liability of any party as contemplated by T.R.A.P. Rule 3(a). IT IS SO ORDERED this 1st day of March, 1996.

Ronald E. Nelson v., James P. Everett, et al.
02A01-9707-CV-00150
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge James E. Swearengen

Plaintiff/Appellant, Ronald E. Nelson (“Nelson”) appeals the judgment of the trial court granting defendants/appellees’, James P. Everett (“Everett”) and Memphis Publishing Company, Inc., d/b/a The Commercial Appeal (“Memphis Publishing Company”) (collectively “defendants”), motion for summary judgment. For reasons stated hereinafter, we affirm the judgment of the trial court.

Patricia Herndon, Next of Kin of Warren G. Price, Deceased, v. Michael and Jeanette Hughes, and Jeff McAlpin, D/B/A Pyramid Motors and McAlpin Enterprises
02A01-9706-CV-00128
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge James E. Swearengen

This appeal involves an automobile accident and the subsequent wrongful death action brought by the daughter of the decedent. Plaintiff-appellant, Patricia Herndon, filed suit against
Michael Hughes, the driver of the other automobile, the driver’s wife Jeanette Hughes, co-owner 2 of the vehicle, and Jeff McAlpin & Associates, Inc., (McAlpin), the car dealership that sold Mr. Hughes the automobile. Ms. Herndon appeals the order of the trial court granting summary judgment to McAlpin.

Meese & Associates, Inc., v. Eddie Powers and David Hicks, Rebecca Car Kirklin, v. Meese Associates, Inc.
03A01-9705-CH-
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Billy Joe White

Plaintiff, Meese & Associates, Inc. (“plaintiff”), appeals the judgment of the trial court 2 awarding Intervening Plaintiff/Appellee, Rebecca Kirklin (“Kirklin”), the real estate commission for the sale of Defendants/Appellees’, Eddie Powers (“Powers”) and David Hicks (“Hicks”) (collectively “defendants”), property by Kirklin. For reasons stated hereinafter, we reverse the decision of the trial court and remand.

Alexander Jackson Bullard vs. The City of Chattanooga Fireman's & Policeman's Insurance & Pension Fund Board - Concurring
03A01-9705-CH-00193
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor Howell N. Peoples

In this action plaintiff sought job-related disability benefits from his pension plan, administered by the City of Chattanooga Firemen’s and  Policemen’s Insurance and Pension Fund Board (“Board”). The Board, after an evidentiary hearing, voted 3 to 2 to deny benefits. An appeal was taken to the Chancery Court, and the Chancellor overturned the decision of the Board and awarded benefits. For reasons hereinafter stated we affirm and adopt from the Chancellor’s Opinion.

Russell Keith Berry v. Bryan Lee Berry and Paula Faye Berry
03A01-9707-CH-00410
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Lewis W. May, Jr.

Plaintiff Russell Keith Berry, brought this action on behalf of himself and his grandmother. He alleged that his grandmother, Lorena Beryl Berry, is mentally incompetent and physically ill and that the defendants, his brother and sister-in-law, gained unfair advantage of her incompetency by fraudulently taking control of all her worldly possessions. The plaintiff also alleged the defendants converted his personal property while he was incarcerated. Defendants move for summary judgment. The motion was granted and the complaint dismissed. This appeal resulted. We find there are genuine issues of material fact and revers the trial court's judgment.

Interstate Mechanical Contractors, Inc., v. MCH Partners: Jimmy R. Reagan, d/b/a Precision Construction Company, et al. - Concurring
03A01-9706-CH-00234
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Chester S. Rainwater

This appeal involves a payment dispute between the plaintiff, Don Conseen, a subcontractor doing business as DC Service & Sales, and defendants Jimmy R. Reagan and Howard Sexton, doing business as Precision Construction Company, a general contractor. Plaintiff sued for payment for construction work which he testified was requested and approved by defendants, and for which he was promised payment by the defendants. An evidentiary hearing was held. The defendants presented no proof at trial. The chancellor granted plaintiff a judgment for $19, 267.45, the amount sought by the plaintiff. The defendants appealed. We affirm the judgment of the trial court.

W. Stephen Renfro, Jr., v. John Doe
03A01-9710-CV-00447
Authoring Judge: Per Curiam
Trial Court Judge: Judge Dale Workman

This is an appeal from a summary judgment entered i favor of Ohio Casualty Insurance Company, an unnamed party brought before the court pursuant to T.C.A. § 5 6 - 7 - 1 2 0 6 .  The question before us is whether the plaintiff, Steven Renfro, is an insured within th emeaning of Ohio Casualty's uninsured motorist (UM) policy provisions. The precise issues, whether the plaintiff, at the time of his injury, was "occupying" the covered vehicle as that term is defined in the policy under consideration. The trial court fond, on motion for summary judgment, that the plaintiff was not "occupying" the ehicle. we reverse the judgment of the trial court.

Southland Realtors Inc., v. Tabor Construction Company, Inc., - Concurring
03A01-9710-CV-00455
Authoring Judge: Judge William H. Inman
Trial Court Judge: Judge Harold Wimberly

The trial court allowed the plaintiff a recovery of a commission for the sale of real estate. The defendant appeals, insisting that (1) the plaintiff was not a party to the sales agency contract and thus had no standing to file this action, (2) the agency contract expired before performance, (3) the plaintiff “performed no useful work,” and (4) the record “cannot support a judgment for anyone.” Each of these issues alleges that the trial court erred in failing to grant summary judgment.

Lawrence Dixson and wife, Mary Dixson, v. Atlantic Soft Drink Company, also D/B/A Pepsi Cola Company
03A01-9709-CV-00417
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Wheeler A. Rosenbalm

At approximately 1:00 on Christmas morning of 1995, a pickup truck which had been stolen from the defendant Atlantic Soft Drink Company's business compound, crashed into the plaintiffs' residence, allegedly causing property damage and personal injury to the plaintiffs. Plaintiffs, in their complaint asserted that the defendant was negligent in leaving the keys inside the unlocked
truck and providing inadequate security for the parking lot where company vehicles were left. The plaintiffs also sought to impose liability on the defendant under the doctrine of respondeat superior. The defendant moved for summary judgment. Summary judgment was granted and the complaint dismissed. This appeal resulted. We affirm the judgment of the trial court.

Scenic Helicopters, Inc., Scenic Helicopter Rides , Limited, v. City of Sevierville, Tennessee
03A01-9709-CH-00439
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge Chester S. Rainwater, Jr.

This complaint sought a writ of mandamus to require the City to issue a sign permit, or, alternatively, to review the action of the City in denying the application for a permit. The Chancellor found that the action of the Board of Zoning Appeals in denying the permit was arbitrary and ordered the issuance of the permit. We affirm.