COURT OF APPEALS OPINIONS

03A01-9510-CV-00336
03A01-9510-CV-00336

Court of Appeals

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Court of Appeals

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Court of Appeals

Doris Ashby vs. Jerry Ashby
W1999-02160-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby

Carroll Court of Appeals

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Court of Appeals

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Court of Appeals

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Court of Appeals

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Court of Appeals

03A01-9501-CH-00352
03A01-9501-CH-00352
Trial Court Judge: Inman

Court of Appeals

01A01-9408-CH-00391
01A01-9408-CH-00391
Trial Court Judge: Robert E. Corlew, III

Rutherford Court of Appeals

01A01-9504-CH-00160
01A01-9504-CH-00160
Trial Court Judge: Jim T. Hamilton

Maury Court of Appeals

01A01-9506-CH-00265
01A01-9506-CH-00265
Trial Court Judge: Tyrus H. Cobb

Lincoln Court of Appeals

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Court of Appeals

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Hawkins Court of Appeals

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Campbell Court of Appeals

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Cumberland Court of Appeals

03A01-9506-CV-00198
03A01-9506-CV-00198

Hamilton Court of Appeals

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Roane Court of Appeals

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Roane Court of Appeals

Franklin Shane Halstead, v. Niles-Bolton Associates, Derek Barton Company, Inc., D/B/A Derek Barton Tennis Courts, et al.
01A01-9503-CV-00113
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Walter C. Kurtz

This appeal involves a personal injury action in which the plaintiff sought to file a separate suit against previously unknown defendants in accordance with Tenn. Code Ann. § 20-1-119 (1994). The Fifth Circuit Court for Davidson County granted the new defendants’ motions for summary judgment on the ground that the complaint was filed one day late. The plaintiff asserts on this appeal that the trial court erred by failing to extend the time for filing his amended complaint by three days in accordance with Tenn. R. Civ. P. 6.05. We have determined that Tenn. R. Civ. P. 6.05 does not extend the deadline for taking the actions required by Tenn. Code Ann. § 20-1-119 and, therefore, affirm the trial court.

Davidson Court of Appeals

In Re: Estate of Jessie Haney, Deceased, Mable Young, et al., v. Arlene Bush, Individually, and as Executor under the Will of Jessie Haney
01A01-9509-CV-00424
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Bobby H. Capers

This is a will contest in which the contestants have appealed from a jury verdict and judgment in favor of the will.

Davidson Court of Appeals

In Re:Estate of Jessie Haney, Deceased, Mable Young, Leona Young, Beulah Young, Glenda Young, and Jewel Mitchell, v. Arlene Bush, ndividually and Executor Under the Will of Jessie Haney - Concurring
01A01-9509-CV-00424
Authoring Judge: Judge William C. Koch, Jr.

The majority has reached the correct result in this case. I have prepared this separate opinion for two reasons. First, we should state clearly that the contestants’ trial counsel should not be faulted for requesting the trial court to use a Tennessee Pattern Jury Instruction that the Tennessee Supreme Court had disapproved only one month before trial. Second, we should conclude without equivocation that the record contains material evidence upon which the jury could have determined that the beneficiary had clearly and convincingly rebutted the presumption of undue influence arising from her confidential relationship with Mrs. Haney.

Jackson Court of Appeals

William Stokely Donelson, II, v. Nancy Drake Donelson
01A01-9509-CV-00410
Authoring Judge: Per Curiam
Trial Court Judge: Judge Muriel Robinson

The sole issue in this appeal is whether the trial court awarded petitioner/appellant's attorney a reasonable attorney's fee.

Davidson Court of Appeals

Gloria Jean Woodfork v. Hampton Inns, Inc., and Phillip H. McNeill and R. Brad Martin, D/B/A Jackson Inns, LTD.
02A01-9411-CV-00266
Authoring Judge: Senior Judge Tomlin
Trial Court Judge: Judge Whit A. Lafon

Gloria Jean Woolfork (“plaintiff”) filed suit in the Circuit Court of Madison County against Phillip H. McNeil and R. Brad Martin, d/b/a Jackson Inns, Ltd.,1 seeking damages for her personal injuries allegedly caused by defendant’s negligence. The case was tried before a jury, which returned a verdict in favor of plaintiff. Although defendants have raised several issues on appeal, the pivotal issue in this case is whether the trial court properly performed his function as a thirteenth juror in denying defendants’ motion for a new trial. After reviewing this record, we are of the opinion that he did not, and we reverse and remand this case for a new trial.

Jackson Court of Appeals

Larry D. Russell, v. Criminal Court Judge Joseph B. Dailey, Division 5
02A01-9509-CH-00200
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor D. J. Alissandratos

This cause came to be heard upon the Rule 3 appeal by appellant Larry Russell from the Order of the trial court dismissing his claim against appellee Dailey for failure to state a claim and lack of jurisdiction.

Shelby Court of Appeals