COURT OF APPEALS OPINIONS

03A01-9508-CV-00252
03A01-9508-CV-00252

Loudon Court of Appeals

03A01-9508-CV-00256
03A01-9508-CV-00256

Knox Court of Appeals

Jane Doe and Mother A., Jane Doe C and Father C., v. Coffee County Board of Education, Joe Brandon, Bobby Cummings, Nelson Johnson, Marianne Brandon
01A01-9506-CV-00252
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Gerald L. Ewell, Sr.

This is a suit by two high school students and their parents seeking damages resulting from alleged assaults by a high school coach.

Coffee Court of Appeals

Penny Campbell, et al., v. Don Sundquist, Governor of the State of Tennessee, et al.
01A01-9507-CV-00321
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Walter C. Kurtz

This appeal involves a constitutional challenge under the Tennessee Constitution to Tennessee's Homosexual Practices Act, T.C.A. § 39-13-510 (1991). On May 26, 1993, plaintiffs Penny Campbell, John Doe, Jane Doe, James Tallent, and Christopher Simien,1 filed a "Verified Petition for Declaratory and Injunctive Relief" in the Circuit Court for Davidson County, Tennessee, against defendants Don Sundquist, Governor of the State of Tennessee,2 Charles W. Burson, Attorney General of the State of Tennessee, and Victor S. Johnson, III, District Attorney General for Davidson County, each in his official capacity. The complaint, as amended, seeks a declaratory judgment pursuant to T.C.A. § 29-14-101, et seq., (1980) that the Homosexual Practices Act (HPA),acriminal law, violates plaintiffs' right to privacy under Article I, Sections 1, 2, 3, 7, 8, 19, and 27 of the Tennessee Constitution and their right to equal protection of the laws under Article I, Section 8 of the Tennessee Constitution. Plaintiffs also seek to enjoin the enforcement of the HPA.

Davidson Court of Appeals

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Greene Court of Appeals

William B. Pevear and Rebecca Pevear v. Evans Hunt, Annie Irene Hunt and Metropolitan Government
01A01-9505-CH-00184
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor C. Allen High

This appeal involves a boundary line dispute between two neighbors. The Appellants, William and Rebecca Pevear, and the Appellees, Evans and Irene Hunt, own real estate which is separated by an alley which is owned by the Metropolitan Government of Nashville and Davidson County.
 

Davidson Court of Appeals

State, ex rel, Lorretta Head Overstreet v. Paul Daniel King - Concurring
01-A-01-9507-CH-00309
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge C. K. Smith

The only issue raised in this paternity action is whether there is any material evidence to support the jury's verdict that the appellant was the father of the child. We affirm.

Smith Court of Appeals

A.J. Hall, Inc., v. Federated Mutual Insurance Company
01A01-9508-CH-00369
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor C. K. Smith

The plaintiff, A. J. Hall, Inc., has appealed from the summary dismissal of a part of its suit against the defendant, Federated Mutual Insurance Company. The Trial Court expressly directed the entry of final partial judgment as permitted by T.R.C.P. Rule 54.02.

Wilson Court of Appeals

01A01-9508-CH-00373
01A01-9508-CH-00373
Trial Court Judge: Allen W. Wallace

Cheatham Court of Appeals

01A01-9508-CH-00373
01A01-9508-CH-00373
Trial Court Judge: Allen W. Wallace

Cheatham Court of Appeals

The Travelers Insurance Company, v. Maudine Y. Lancaster Webb and Vicky Austin Lancaster
01A01-9508-CH-00379
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Robert S. Brandt

The Travelers Insurance Company ("Travelers") filed an interpleader in the Chancery Court for Davidson County. It alleged that both defendant/appellee, Maudine Y. Lancaster Webb ("Ms. Webb"), and defendant/appellant, Vicky Austin Lancaster ("Mrs. Lancaster"), claimed the proceeds of an insurance policy which covered the life of decedent, Charles S. Lancaster.

Davidson Court of Appeals

Benny Smith, ET UX, Geraldine Smith v. Bobbie Jo Smith (McClintock) - Concurring
01-A-01-9508-CH-00354
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Chancellor Vernon Neal

The captioned respondent has appealed from an order entered by the Trial Court regulating visitation of the two children of respondent with the captioned petitioners, parents of respondent's deceased husband. Respondent-mother has remarried, and her husband, David McClintock, has adopted the children. However, he is not a party to this proceeding.

Overton Court of Appeals

Tom and Karen Moore, v. Lloyd A. Walwyn, M.D. - Dissenting
01A01-9507-CV-00295
Authoring Judge: Judge William C. Koch, Jr.

Both the trial court and the majority of this panel have decided that Tom and Karen Moore are not entitled to a jury trial on their medical malpractice claim against Dr. Lloyd A. Walwyn because of shortcomings in the affidavits they filed in opposition to Dr. Walwyn’s motion for summary judgment. While I do not relish defending sloppy lawyering, I am convinced that my colleagues have scrutinized the Moores’ counter-affidavits using standards stricter than those required by Tenn. R. Civ. P. 56.05 and Tenn. Code Ann. § 29-26-115 (1980). I would vacate the summary judgment because the counter-affidavits demonstrate the existence of genuine and material factual issues that only a jury should resolve.
 

Williamson Court of Appeals

State of Tennessee, v. Jacob Kyle Tipton
01A01-9510-CV-00445
Authoring Judge: Judge Samuel E. Lewis
Trial Court Judge: Judge Robert E. Burch

This case presents what is purportedly an appeal under Tennessee Rule of Criminal Procedure 37(b). The issue of law involves a juvenile's plea of guilty to delinquency in the Circuit Court of Dickson County.

Dickson Court of Appeals

Charles N. Delattie v. South Mark Realty Partners, LTD., d/b/a Hickory Lake Apartment Community - Concurring
01A01-9504-CV-00141
Authoring Judge: Judge Hewitt Tomlin
Trial Court Judge: Judge Barbara N. Haynes

Charles N. Delatte ("plaintiff") filed suit in the Circuit Court of Davidson County against South Mark Realty Partners, Ltd. ("defendant") seeking damages for injuries sustained by him when a metal hand railing on a stairway in the common area of defendant's apartment complex collapsed, causing him to fall.  The trial court granted defendant's motions for  summary judgment. The sole issue presented by this appeal is whether the trial court was in error in so doing. For the reasons herein set forth, we find no error and affirm.

Davidson Court of Appeals

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Knox Court of Appeals

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Hamilton Court of Appeals

Section of This Court In Webster v. Tennessee Bd. of Regents, 902 S.W.2D 412 (Tenn. App.
02A01-9407-CH-00173

Court of Appeals

Carl E. Smith and wife, Vada Smith, and Lucille Crockett, v. William R. Reed, and wife Linda Gail Reed
01A01-9412-CH-00555
Authoring Judge: Special Judge Robert E. Corlew, III
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

From the decision of the Trial Court establishing a boundary line dividing tracts of land owned by the parties, the Defendants appeal.

Davidson Court of Appeals

Teresa K. Ross v. William P. Ross
01A01-9410-PB-00470
Authoring Judge: Special Judge Robert E. Corlew, III
Trial Court Judge: Judge James Everett

From the decision of the Trial Court modifying the final decree of divorce between the parties, terminating payments of spousal support previously ordered to be paid by the husband to the wife, the wife appeals.

Davidson Court of Appeals

Blake Weber, v. Jack Moses, Individually and Jeffson Pilot Life Ins. Co.
02A01-9407-CH-00173
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor D.J. Alissandratos

Plaintiff-Appellant Blake Weber brought suit against the Defendants-Appellees, Jack Moses and Jefferson Pilot LIfe Insurance Company ("Jefferson Pilot"), alleging that he was unlawfully discharged due to his refusal to participate in Appellee Jefferson Pilot's illegal employment practices. The chancellor dismissed Appellant's suit, stating that this cause of action was barred by the applicable one year statute of limitation. Weber appeals the lower court's dismissal of his Complaint.

 

Shelby Court of Appeals

02A01-9412-CH-00278
02A01-9412-CH-00278
Trial Court Judge: John Walton West

Decatur Court of Appeals

02A01-9410-CV-00229
02A01-9410-CV-00229
Trial Court Judge: Robert L. Childers

Shelby Court of Appeals

General Oils Company, Division of Ashland Oil, Inc., v. Claude Ramsey, Assessor of Property for Hamilton County, Tennessee and TN State Board of Equalization
01A01-9504-CH-00153
Authoring Judge: Senior Judge Tomlin
Trial Court Judge: Chancellor Robert S. Brandt

General Oils Company ("plaintiff") filed suit in the Chancery Court of Davidson County against the Assessor of Property for Hamilton County ("Hamilton County Assessor") and the Tennessee State Board of Equalization ("Board of Equalization") seeking judicial review of the decision by the Assessment Appeals Commission ("AAC") of the Board of Equalization that for tax assessment purposes plaintiff's petroleum storage tanks located in Hamilton County were real property. The chancellor reversed the AAC, holding that the tanks were personal property. On appeal Hamilton County Assessor and Board of Equalization present one issue 1On appeal the Board of Equalization only challenges the lower court's action to the effect that tanks are automatically considered tangible personal property under T.C.A. § 67-5-903(f) for property tax purposes. Because the broader issue raised by Hamilton County Assessor in essence encompasses this secondary issue, we approach this case from the standpoint of Hamilton County Assessor. 2 for our consideration: Whether the trial court erred in holding that the storage tanks should be classified as personal property for tax assessment purposes.1 For the reasons hereinafter stated, we find no error and affirm.

Hamilton Court of Appeals

Sue McGee v. The First National Bank and Neal Lovlace, Jr., - Concurring
01A01-9508-CV-00341
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge James L. Weatherford

This appeal involves a venue dispute. Plaintiff, Sue McGee, appeals from the order of the Circuit Court for the Twenty-Second Judicial District in Maury County, Tennessee, that dismissed her suit against defendants, First National Bank and Neal Lovlace, for improper venue. The record in the case consists of what was formerly called the technical record and a "transcript of proceedings" which has no testimony and contains only argument and statements of counsel and the court.

Maury Court of Appeals