COURT OF APPEALS OPINIONS

Deborah Tuggle vs. Shelby Co. Government, et al
02A01-9606-CV-00147
Trial Court Judge: George H. Brown

Tommye Johnson vs. Edward Johnson, Sr.
02A01-9609-Cv-00217
Trial Court Judge: George H. Brown

Marilyn Morgan vs. Velma McCrory
02A01-9604-CV-00072
Trial Court Judge: Robert A. Lanier

Kenneth & Bertie Downing vs. City of Memphis
02A01-9608-CV-00177
Trial Court Judge: Robert A. Lanier

Nancy Olivieri vs. Paul Oliveri
02A01-9512-CV-00282

Vowell Ventures vs. The City of Martin
02A01-9604-CH-00090
Trial Court Judge: William B. Acree

Georgia Keys vs. Memphis Carwash, Inc.
02A01-9605-CV-00113
Trial Court Judge: Kay S. Robilio

Brandy Thatcher, b/n/f vs. Bobby Wyatt, et al
02A01-9605-CH-00114
Trial Court Judge: George R. Ellis

Burgess & Carter vs. Mead Johnson
01A01-9609-CV-00436
Trial Court Judge: John W. Rollins

Nance vs. Nance
01A01-9611-CV-00515
Trial Court Judge: Muriel Robinson

Estate of Edward P. Russell, Deceased
01A01-9611-PB-00516
Trial Court Judge: John A. Turnbull
Tracy Moore, B/N/F/ Shirley Moore vs. James Prescott, II 02A01-9609-CV-00227 View

Gentry vs. Gentry
01A01-9611-CH-00512
Trial Court Judge: Alex W. Darnell

Portland Utilities Construction v. Chase Creek
M2002-02886-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Irvin H. Kilcrease, Jr.
A utilities contractor sued a subdivision developer for payment for work it performed on the subdivision's infrastructure. The court found that the developer was obligated to honor its contract by paying for work with a value of $313,829. The court also found that the developer was entitled to an offset of $55,955 for damages resulting from defects in the contractor's performance. The developer argues on appeal that the trial court erroneously declined to grant it additional offsets. We affirm the trial court.

Gozenbach vs. Gozenbach
03A01-9609-CV-00314

Bunch vs. Bunch
03A01-9609-GS-00301

Crum vs. Lawing
03A01-9610-CH-00320

Bell vs. Carter
03A01-9610-CH-00334

Savco vs. Century
03A01-9611-CV-00360

Upper East Tenn. vs. Johnson
03A01-9701-CH-00011

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

Memphis Publishing Company, v. Tennessee Petroleum Underground Storage Tank Board, et al.
01A01-9607-CH-00300
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This case is on appeal for the second time. The Tennessee Petroleum Underground Storage Tank Board and J. W. Luna, as Commissioner of the Tennessee Department of Environment and Conservation (hereinafter “Board” or “Appellants”), have appealed from the judgment of the trial court declaring the appellee, Memphis Publishing Company (MPC), eligible for reimbursement from the Tennessee Petroleum Underground Storage Tank Fund (Fund) for remediation expenses incurred as a result of a release from its underground storage tank in August 1987. The trial court’s decision came after remand from the Middle Section of this Court in Memphis Publishing Company v. Tennessee PetroleumUnderground Storage Tank Board, No. 01A01-9305-CH-00202, 1993WL 476292 (Tenn. App. Nov. 19, 1993), perm. app. denied, c.r.o. There, the court confronted the issue of whether MPC had a right to Fund reimbursement under the Tennessee Petroleum Underground Storage Tank Act (Act), T.C.A. § 68-215-101 et seq., as originally enacted. 1 It was argued that MPC had no right to reimbursement because its release occurred prior to the effective date of the Act, July 1, 1988. This Court, speaking through Judge Lewis, held that the Act, as originally enacted, “was intended to cover, from a Fund reimbursement perspective, all releases regardless of date.” Upon remand, the trial court held the court of appeal’s decision “law of the case” and ruled as hereinabove set forth. It is urged on appeal that the decision rendered in Memphis Publishing is not the “law of the case” regarding MPC’s Fund eligibility and that the trial court erred in so holding. For reasons hereinafter stated, we affirm.

Linda Gail Ray, v. Billy Gene Ray
01A01-9608-CH-00360
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge Jim T. Hamilton

This is a divorce case. Defendant, Billy Gene Ray (Husband), appeals from the judgment of the trial court dividing the marital property and awarding alimony to the plaintiff, Linda Gail Ray (Wife).

Larry R. Foster and Linda H. Johnston, v. Jay W. Shim
01A01-9512-CV-00569
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Walter C. Kurtz

This appeal involves the lease of a grocery store in Nashville. Following
the landlord’s death, the trust succeeding to the landlord’s interest filed an
unlawful detainer action in the Davidson County General Sessions Court seeking
to recover possession of the property. The tenant appealed the adverse judgment
to the Circuit Court for Davidson County. The circuit court granted the trust’s
motion for summary judgment after finding that the tenant had breached the lease
by failing to make timely and sufficient lease payments. We have determined that
the summary judgment must be reversed because the trust has failed to
demonstrate that it was entitled to a judgment as a matter of law.

Flora Scruggs v. Gordon Bell - Concurring
01A01-9610-CH-00475
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Holly Kirby Lillard

This case involves a dispute concerning an easement for ingress and egress. Respondents-Appellants, Gordon Bell and Sarah T. Bell, appeal from the order of the trial court 1 On October 24, 1995, Flora Scruggs transferred the property by quitclaim deed to her husband, John T. Scruggs, Sr. On January 23, 1996, the trial court entered an order substituting John T. Scruggs, Sr. in place of Flora Scruggs as the proper party in interest.However, because the trial court and the parties have continued to refer to the petitioner as Flora Scruggs, we will do likewise. 2 Scruggs actually purchased the land with John T. Scruggs, Sr. In 1982, John T. Scruggs, Sr. conveyed his interest in the land to Flora Scruggs making her the sole owner until she conveyed it back to him in 1995. 3 Old New Cut Road is referred to throughout the record as Old New Cut Road, New Cut Road, Triune, and Salem Road, or old dirt road. In this opinion, we will call the road “Old New Cut Road.” 2 granting an easement by estoppel to Petitioner-Appellee, Flora Pope Scruggs1, without compensation to the Bells.

IN RE: The adoption of Brandon Kain Dicus; Scott Steel and Darla Steel v. Maryl Lou Dicus - Concurring
01-A-01-9611-CH-00502
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Jim T. Hamilton

This is an appeal by defendant, Mary Lou Dicus, from the decision of the chancery court to set aside the court’s order of 18 October 1993 which amended the court’s order of adoption filed on 24 August 1993. The facts  out of which this matter arose are as follows.