03C01-9408-CR-00298
03C01-9408-CR-00298

Monroe Court of Criminal Appeals

01C01-9308-CR-00276
01C01-9308-CR-00276

Davidson Court of Criminal Appeals

01C01-9410-CC-00355
01C01-9410-CC-00355
Trial Court Judge: Barbara N. Haynes

Davidson Court of Criminal Appeals

01C01-9503-CC-00086
01C01-9503-CC-00086
Trial Court Judge: W. Charles Lee

Bedford Court of Criminal Appeals

01C01-9506-CC-00175
01C01-9506-CC-00175
Trial Court Judge: Henry Denmark Bell

Hickman Court of Criminal Appeals

01C01-9501-CR-00020
01C01-9501-CR-00020

Davidson Court of Criminal Appeals

01C01-9412-CR-00434
01C01-9412-CR-00434
Trial Court Judge: J. O. Bond

Macon Court of Criminal Appeals

01C01-9501-CC-00021
01C01-9501-CC-00021

Bedford Court of Criminal Appeals

01C01-9503-CR-00052
01C01-9503-CR-00052
Trial Court Judge: J. Randall Wyatt, Jr.

Davidson Court of Criminal Appeals

01C01-9505-CC-00133
01C01-9505-CC-00133
Trial Court Judge: Gerald L. Ewell, Sr.

Coffee Court of Criminal Appeals

01C01-9506-CR-00185
01C01-9506-CR-00185
Trial Court Judge: Ann Lacy Johns

Davidson Court of Criminal Appeals

01C01-9504-CC-00115
01C01-9504-CC-00115
Trial Court Judge: Gerald L. Ewell, Sr.

Court of Criminal Appeals

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

Roane Court of Appeals

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

Roane Court of Appeals

03C01-9405-CR-00188
03C01-9405-CR-00188
Trial Court Judge: Ben W. Hooper, II

Cocke Court of Criminal Appeals

03C01-9406-CR-00226
03C01-9406-CR-00226

Knox Court of Criminal Appeals

03C01-9403-CR-00094
03C01-9403-CR-00094
Trial Court Judge: Leon C. Burns, Jr.

Cumberland Court of Criminal 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

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