COURT OF APPEALS OPINIONS

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

Overland Industrial Lubricant Corp. D/B/A Asco Sanitation v. City of Waynesboro, Collingwood, Clifton and Household and Commercial Garbage
01A01-9412-CH-00602
Authoring Judge: Per Curiam
Trial Court Judge: Judge Jim T. Hamilton

This is a dispute over a contract to provide garbage and industrial waste collection in three Wayne County cities. The contractor sued the three cities for failing to prevent a rival contractor from providing the same services to some residents of each city and sued the rival contractor for inducing a breach of contract, for misrepresentation, and for interference with business relations. After a bench trial the Chancery Court of Wayne County dismissed the complaint. We affirm.

Wayne Court of Appeals

United Physicians Insurance Risk Retention Group, by and through Douglas M. Sizemore, Commissioner of Commerce and Insurance, v. United American Bank of Memphis
01A01-9503-CH-00096
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Robert S. Brandt

This appeal arises from the liquidation of an insolvent captive insurance company. TheCommissioner of Commerce and Insurance, acting as the insurance company’s liquidator, filed a petition in the Chancery Court for Davidson County seeking to avoid an $800,000 transfer made by the insurance company to pay off an outstanding bank loan. The bank moved to dismiss the commissioner’s petition because the challenged transfer occurred outside of the avoidance period in Tenn. Code Ann. § 56-9-317(a)(2)(B) (1994). The trial court granted the motion, and the commissioner has appealed. We affirm the trial court’s decision.

Davidson Court of Appeals

Syble B. Stephenson, v. Wilber D. Stephenson
01A01-9507-CH-00328
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Jim T. Hamilton

In this divorce proceeding, the plaintiff, Syble B. Stephenson, has appealed from a judgment entered by the Trial Court on April 11, 1995, overruling a motion to alter or amend a judgment previously entered on November 14, 1994, dealing with distribution of marital property and indebtedness thereon, child support arrearage, future child support and medical expenses, visitation and possession of a list of personal belongings.

Lawrence Court of Appeals

Kayla Nicole Nunley, v. Estate of Billy G. Nunley, and Earl Montgomery
01A01-9508-PB-00350
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge James R. Everett

This case involves the ownership of the mechanical royalty rights to a catalogue of songs written by the appellant, Earl Montgomery. The appellee, Kayla Nicole Nunley, contends that her late husband, Billy Gene Nunley, purchased the right to collect those royalties from Mr. Montgomery in 1975. Mr. Montgomery testified that he never sold the rights, and that he did not even know Mr. Nunley. He claims that the Nunleys were guilty of converting the funds derived from his ownership rights.

Davidson Court of Appeals

Lucille Beske, v. Opryland USA, Inc.
01A01-9510-CV-00435
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: JudgeThomas W. Brothers

The defendant, Opryland USA, Inc., has appealed from a judgment in favor of the plaintiff, Lucille Beske in the amount of $125,000 for personal injuries sustained in a fall on the premises of defendant. The jury awarded plaintiff $200,000, but the Trial Judge suggested a remittitur of $75,000 which was accepted by the plaintiff without protest. The Trial Judge also awarded plaintiff judgment for $1,404.50 discretionary costs.

Davidson Court of Appeals

New Life Corporation of America v. Thomas Nelson, Inc.
01A01-9505-CV-00223
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Barbara N. Haynes

Plaintiff, New Life Corporation of America (New Life), appeals from the order of the trial court which granted summary judgment to defendant, Thomas Nelson, Inc. (Nelson).

Davidson Court of Appeals

Ramond Gregory v. Laura Sue Gregory - Concurring
01A01-9508-CH-00357
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Chancellor Tyrus H. Cobb

This appeal involves a suit to determine ownership of an 18.5 acre tract of land located in Lincoln County, Tennessee. The facts are as follows.

Lincoln Court of Appeals

Herbert Adams v. Robert Sims and Patricia Sims
02A01-9411-CH-00252
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor George R. Ellis

This case came to be considered by the Court upon a grant of a Rule 9 application for permission to appeal an interlocutory Order of the trial court.

Crockett Court of Appeals

Wanda Sharp, Individually and as Next Friend of Joseph Riggs v. Anderson County and Anderson School Board of Education
03A01-9508-CV-00282
Authoring Judge: Judge John T. McMurray
Trial Court Judge: Judge James B. Scott, Jr.

This is an appeal from a judgment granting a motion for summary judgment in favorof the defendants - appellees and dismissing the plaintiff's complaint.  We affirm the judgment of the trial court.

Anderson Court of Appeals

Carl Nelson v. Harold Eugene Martin & Jack W. Gammon - Concurring
02A01-9403-CV-00043
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge James M. Tharpe

This case arises from the termination of appellant, Carl Nelson, as employee, officer and director of B & M Printing Company. The pertinent facts are as follows: In 1968, Nelson, together with appellees, Harold E. Martin and Jack W. Gammon, formed a partnership named B & M Printing Company for the purpose of engaging in the commercial printing business. In 1969, the three partners converted the partnership into a corporation and were issued 100 shares each of the corporation's stock. There were no other shareholders in the corporation. Nelson, Gammon and Martin were all employed by the corporation and acted as the corporation's only officers and directors. The presidency of the corporation was initially rotated between the three parties every year, but at the time of Nelson's termination, Martin was the president and had been for several years. The parties received no compensation for their duties as officers and directors, but did receive salaries, commissions based on individual sales, and bonuses as employees of the corporation. In addition, the parties received rent money from the corporation through their partnership, BCJ Enterprises, which owned the property on which B & M Printing Company was located

Shelby Court of Appeals

01A01-9508-CV-00378
01A01-9508-CV-00378
Trial Court Judge: Henry Denmark Bell

Williamson Court of Appeals

01A01-9509-CV-00405
01A01-9509-CV-00405
Trial Court Judge: Walter C. Kurtz

Davidson Court of Appeals

01A01-9507-CH-00316
01A01-9507-CH-00316
Trial Court Judge: Irvin H. Kilcrease, Jr.

Davidson Court of Appeals

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Hamilton Court of Appeals

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Court of Appeals

Roy Baines vs. Wilson County
M2000-00830-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: C. K. Smith
This appeal involves a suit for retaliatory discharge brought by the plaintiff against Wilson County, Wilson Emergency Management Agency and the plaintiff's supervisor. The plaintiff asserts that he was fired in retaliation for filing a workers' compensation claim. The trial court dismissed the plaintiff's claim because, it held, Wilson County and Wilson Emergency Management Agency were both immune pursuant to the Tennessee Governmental Tort Liability Act. Further, it held that the plaintiff did not allege a prima facie case of retaliatory discharge against his supervisor because his supervisor was not his employer. We agree and, therefore, affirm the holdings of the trial court.

Wilson Court of Appeals

02A01-9410-CH-00230
02A01-9410-CH-00230
Trial Court Judge: D. J. Alissandratos

Shelby Court of Appeals

02A01-9410-CH-00230
02A01-9410-CH-00230
Trial Court Judge: D. J. Alissandratos

Shelby Court of Appeals

03A01-9508-CH-00293
03A01-9508-CH-00293

Court of Appeals

03A01-9507-JV-00246
03A01-9507-JV-00246

Hamblen Court of Appeals

03A01-9510-CV-00365
03A01-9510-CV-00365
Trial Court Judge: Inman

Court of Appeals