COURT OF APPEALS OPINIONS

Earl Maney v. Paul J. Parker, Individually and D/B/A Precious Woods and Metals
03A01-9502-CH-00065
Authoring Judge: Presiding Judge Houston P. Goddard
Trial Court Judge: Chancellor Earl H. Henley

Earl Maney, the Plaintiff, and Paul J. Parker, the Defendant, were the parties to a written five-year lease for commercial property in Cleveland. Mr. Parker, who operated a woodworking/machine shop on the premises, took possession of the property on September 8, 1989. Late in 1990, after occupying the property for slightly more than one year, he vacated the premises. On May 6, 1993, Mr. Maney, the landlord, filed suit in the Chancery Court of Bradley County seeking back rent and damages for repairs to the building. After a trial, the Chancellor determined that Mr. Parker "had a right to abandon the premises, " but awarded damages to compensate Mr. Maney for expenses he incurred making repairs to the property. Mr. Maney appeals and presents the following issues for review.

Bonnie Jo Miller v. Thomas A. Parker
03A01- 9503- CV- 00101
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge John A. Turnbull

This is a suit by Bonnie Jo Miller against Thomas A. Parker seeking damages for personal injuries as a result of her being struck by an automobile being driven by him.

North American Rayon Corporation, v. Margaret C. Culpepper, Commissioner of the Tennessee Department of Employment Security, and Judy Howell
03A01-9506-CH-00192
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Thomas J. Seeley, Jr.

North American Rayon Corporation appeals a judgment of the Chancery Court for Carter County which upheld a Board of Review determination that Judy Howell was entitled to unemployment benefits incident to her termination by North American Rayon.

Charles William Coulter and wife, Donna Lee Coulter, v. Richard Anthony Hendricks
03A01-9505-CH-00150
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Howard N. Peoples

This is a suit by Charles William Coulter and Donna Lee Coulter, brother and sister of Linda Diane Rose Hendricks, who died in an automobile accident on April 24, 1994, seeking to have her marriage on April 1, 1994, to Richard Anthony Hendricks, annulled. The Chancellor granted Mr. Hendricks' motion under Rule 12.02( 6) of the Tennessee Rules of Civil Procedure, which contended the complaint failed "to state a claim upon which relief can be granted."

Eddie Williams, Jr. v. Tennessee Department of Correction
02A01-9503-CV-00046
Authoring Judge: Presiding Judge Hewitt P. Tomlin
Trial Court Judge: Judge Joseph H. Walker

Eddie Wililams, Jr. ("petitioner") filed a pro se Petition for Writ of Certiorari in the Circuit Court of Laderdale County against the Tennessee Department of Correction ("TDOC" or respondent"), seeking court review of actions taken by a prison disciplinary board, prison warden, and the department commissioner. Due process violations resulting therefrom were also alleged. The trial court granted summary judgment to respondent and petitioner has appealed. On appeal, a single issue was presented for review: whether the trial court erred in granting summary judgment. For the reasons stated hereinafter, we reverse the judgment of the trial court.

Rex M. Massengale, Sr., v. Audrey L. Massengale
03A01-9503-CV-00086
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Robert M. Summitt

This is a post-divorce proceeding involving the custody of the parties' one minor child, Rex M. Massengale, Jr., whose date of birth is September 20, 1985. The parties were divorced by the "Final Judgment and Decree" of the Dade County, Georgia, Superior Court entered on October 19, 1993. That document approved and adopted the parties' agreement that the child's custody should be vested with his mother, Audrey L. Williamson1 (Mother2). The instant controversy was initiated by the child's father, Rex M. Massengale, Sr. (Father), on November 16, 1994, not quite 13 months after the divorce, when he filed a petition to change the child's custody. After a bench trial, the trial court dismissed the Father's petition. Father appeals, raising two issues:

Alfred Carroll Jones and Betty Jones, v. City of Johnson City, Tennessee
03A01-9506-CV-00196
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Lewis W. May

This suit was brought against the City of Johnson City(Johnson City) pursuant to the Tennessee Governmental Tort Liability Act (GTLA), T.C.A. § 29-20-101, et seq. The plaintiff, 1 The wife's claim was for loss of services, companionship, consortium, etc. 2 Alfred Carroll Jones (Jones), was injured while working at the Towne Acres Elementary School, a facility owned and operated by Johnson City. At the time of the injury, the school was closed while an addition was being built to the existing structure. The trial court granted Johnson City's motion for summary judgment, holding that Jones expressly assumed the risk of his injury and "as a matter of law that [Johnson City] owed no legal duty to" Jones based on the undisputed facts. Jones and his wife, the
plaintiff Betty Jones1, appeal, raising the following issues:

Matthew E. Rader, et al., v. Clarence McDowell, et al.
03A01-9506-CV-00191
Authoring Judge: Senior Judge Clifford E. Sanders
Trial Court Judge: Judge Dale C. Workman

The Appellant has appealed from a judgment denying its "Application for Execution." We affirm.

Rick Haynes and Karen Haynes, v. John Walker and wife Rosa Mae Walker and Harold Woods
03A01-9504-CH-00133
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Chester S. Rainwater

The Plaintiffs, Rick Haynes and his wife Karen Haynes, initially sued their adjacent landowners, Defendants John Walker and wife Rosa Mae Walker and Harold Woods. The Plaintiffs sought a declaration that they were entitled to a right-of-way to gain access to tract 8 of the Clint Jones property, a 15.72-acre tract owned by them in Jefferson County. Thereafter, Michael Woods and his wife Paula Young Woods, who acquired a portion of Harold Woods property, were added as party Defendants by an agreed order.

J.T. Holt, and wife Gertrude Holt and Dennis Holt, v. Opal Tolliver and Freddy L. Smelcer
03A01-9505-CH-00161
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Chancellor Dennis H. Inman

This is a suit to determine the boundary line between the Plaintiffs' and the Defendants' property and to confirm that the Plaintiffs have a right-of-way over the property of the Defendants.

First Tennessee Bank National Association, v. C.T. Resorts Company, Inc., C. Gary Triggs, and James C. Childrers
03A01-9503-CH-00102
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor Sharon Bell

First Tennessee has filed a petition for rehearing. The petition basically argues two points: first, that the undisputed material facts show that the defendants did not timely assert their claims of misrepresentation, and hence waived them; and second, that we erred in construing the parties' "First Modification, Renewal, and Extension Agreement and Apointment of Successor Trustee."

03A01-9506-CH-00190
03A01-9506-CH-00190

03A01-9506-CV-00199
03A01-9506-CV-00199

03A01-9506-CH-00207
03A01-9506-CH-00207

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

03A01-9505-CV-00145
03A01-9505-CV-00145

Frank Bell, v. Christine Bradley, et al.
01A01-9506-CH-00273
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Robert S. Brandt

This is an appeal by petitioner, Frank Bell, from the chancellor's judgment dismissing Mr. Bell's petition for writ of certiorari. The chancellor dismissed the petition on the ground that it "was not timely filed."

03A01-9506-CH-00173
03A01-9506-CH-00173

Kathy Gale (Phillips) Bennett, v. William Thomas Bennett
01A01-9501-GS-00006
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Robert P. Hamilton

This case involves a divorce ending a marriage of short duration. The General Sessions Court of Lebanon, Tennessee granted the divorce to both parties, dividing the marital property between them, and ordering the husband to pay $100 per month in rehabilitative alimony for fourteen years. The husband appealed, arguing that the trial court erred in dissolving the parties' marriage without reference to fault, in its division of marital property, and in ordering the payment of alimony. The wife appealed the trial court's refusal to grant her claim for attorney fees.

First American National Bank, v. J.M.D. Bransford
01A01-9503-CH-00109
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Robert S. Brandt

This is an appeal by defendant, J.M.D. Bransford, from the trial court's granting of the motion for summary judgment of plaintiff, First American National Bank (Bank), and resulting judgment in the bank's favor on a promissory note made by defendant Bransford as a co-maker.

Stephen Patterson vs. Susan Patterson
W1999-01544-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Walter L. Evans

Casa Juvenile Services Association, Inc. and Tennessee Department of Human Services v. Loretta NMN Phillips Arrietta and Florencia Arrietta Salgado, in re Dustin Matthew Arrietta
03A01-9503-JV-00099
Authoring Judge: Presiding Judge Houston P. Goddard
Trial Court Judge: Judge Mindy Norton Seals

Loretta Phillips Arrietta, mother of Dustin Matthew Arrietta, appeals a judgment of the Juvenile Court for Hamblen County which terminated her parental rights.

Janis Oliver-Gill v. Jerry T. Krohn
M2001-02327-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Robert E. Lee Davies
This appeal involves a suit brought by the buyer of certain real property against the builder and seller of that home seeking damages for, inter alia, negligent construction. From a jury verdict rendered in favor of the defendant, the plaintiff appeals. We affirm.

Debord vs. Bledsoe
03A01-9801-CH-00009

Patrick McCollum v. Dan Huffstutter
M2002-00051-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Hamilton V. Gayden, Jr.
This is an appeal from a Judgment on a jury verdict for Plaintiff. Plaintiff sued Defendant on grounds of trespass, abuse of process, and outrageous conduct arising from Defendant's attempt to serve a writ of possession at Plaintiff's place of business. A jury found for Plaintiff on all grounds. Defendant appeals, alleging seven grounds for reversal: (1) The Trial Court erred in not dismissing the complaint on the grounds of an executed Settlement Agreement and Full Release of All Claims; (2) The Trial Court erred in failing to grant a new trial on the grounds of newly discovered evidence; (3) The Trial Court erred in not granting Defendant's Motion for Summary Judgment, and in failing to grant the Defendant's Motion for Directed Verdict; (4) The jury verdict should be set aside and the complaint dismissed on the grounds of an oral agreement not to file civil proceedings; (5) The Trial Court erred in failing to give the special instructions requested by the Defendant; (6) The Trial Court erred in not granting a new trial on the grounds of improper conduct by counsel for the Plaintiff; (7) The verdict and remittitur were excessive and given under the influence of passion and prejudice. We affirm.