Opinions

Davis Group (MC), Inc., v. The Metropolitan Government of Nashville and Davidson County, and The Metropolitan Planning Commission
01A01-9501-CH-00010
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor C. Allen High

This is a proceeding for judicial review of the action of the Metropolitan Council, the elected legislative body of the Metropolitan Government of Nashville and Davidson County, Tennessee, in refusing to concur in the action of the Metropolitan Planning Commission approving a "Planned Unit Development." The Trial Court reversed the action, and the City filed notice of its "intention to appeal" which, in the absence of challenge, will be treated as a notice of appeal.

State of Tennessee, Upon Relation of Lloyd R. Adams, Murphy W. Ralston, and W.C. Tallant, v. City of Murfeesboro, Tennessee
01A01-9404-CH-00195
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Robert E. Corlew, III

This is a suit to invalidate an annexation ordinance of the City of Murfreesboro. The plaintiff appealed from the dismissal of his suit, although neither party questioned the adequacy of the description of the land to be annexed. On October 26, 1994, this Court filed an opinion pointing out the infirmities of the ordinance and remanded to allow such infirmities to be remedied.

Kathy L. Russell and William A. Russell v. The City of Lawrenceburg
01A01-9505-CV-00200
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge James L. Weatherford

Defendant, City of Lawrenceburg, has appealed from the trial court's finding that the proximate cause of the accident in which plaintiffs suffered injuries and damages was the negligence of the City of Lawrenceburg's agent and employee, Officer George L. Barturen.

James William Miller, Jr., v. Sherry Prentice-Miller
01A01-9505-CH-00225
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge James E. Walton

In this divorce case the appellant attacks a divorce decree entered nunc pro tunc and also raises issues relating to the property division, alimony, and attorney's fees. The appellee attacks the court's division of property in accordance with an antenuptial agreement. We affirm.

01C01-9409-CR-00308
01C01-9409-CR-00308
Trial Court Judge: Seth W. Norman

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Dempel Earps, v. Irene S. Earps, Ronnie Earps, and Greg Earps
01A01-9505-CH-00206
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor C. K. Smith

The plaintiff in the trial court claimed title to a disputed area of land by adverse possession. The chancellor found that the disputed property was not within the calls of the plaintiff's deed and that the plaintiff had failed to establish a prescriptive title by twenty years of adverse possession. We affirm.

01C01-9405-CC-00172
01C01-9405-CC-00172

01C01-9412-CC-00423
01C01-9412-CC-00423
Trial Court Judge: W. Charles Lee

01C01-9504-CC-00116
01C01-9504-CC-00116
Trial Court Judge: J. S. Daniel

Cyril v. Fraser
03C0l-9409-CR-0033l
Trial Court Judge: Edgar P. Calhoun

01S01-9403-CH-00026
01S01-9403-CH-00026
Trial Court Judge: Irvin H. Kilcrease, Jr.

CNL Insurance vs. Smith
M1999-00198-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Charles D. Haston, Sr.

Kendrick Kelly v. David G. Mills, W
W2004-01106-CCA-R3-HC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Joseph H. Walker, III

03C01-9411-CR-00409
03C01-9411-CR-00409
Trial Court Judge: Lynn W. Brown

03C01-9502-CR-00057
03C01-9502-CR-00057
Trial Court Judge: William R. Holt

01C01-94l2-CR-004l2
01C01-94l2-CR-004l2
Trial Court Judge: Ann Lacy Johns

Tammy R. Ganzevoort, v. Richard B. Russell, Martha T. Russell, and Jim Cassetty, D/B/A Cassetty Realty
01A01-9502-CV-00038
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Thomas Goodall

The Circuit Court of Sumner County awarded the purchaser of a home a judgment against the sellers and their real estate agent, for deceptive practices as defined in the Tennessee Consumer Protection Act. Because we find that the evidence preponderates against a finding that the plaintiff suffered any ascertainable harm from a deceptive act, we reverse.

Walter Lee Steele and Jennie Brown, Individually and as Next-of-Kin of or Guardian of Melvin Lee Steele, Deceased, v. Tennessee Jaycees, Inc., et al.
01A01-9505-CH-00214
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor C. Allen High

The Chancery Court of Davidson County granted summary judgment to the Tennessee Jaycees and the other appellees, on the ground that the statute of limitations had passed prior to the filing of the appellants' wrongful death complaint against them. Because we do not find that the discovery rule tolls the statute of limitations under the circumstances of this case, we affirm the trial court.

Stones River Utilities, Inc., v. Metropoltian Government of Nashville, Davidison County, Tennessee, et al. - Concurring
01-A-01-9505-CH-00217
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Robert S. Brandt

This is a contract dispute in which the chancellor found that the uncontradicted proof showed that the plaintiff had no cause of action for the acts alleged in the complaint. We reverse on the single ground of estoppel and remand for further proceedings on that issue alone.