APPELLATE COURT OPINIONS

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Bullard vs. Scott

03A01-9809-CH-00310
Hamilton County Court of Appeals 07/13/99
Pertew vs. Pertew

03A01-9711-CH-00505
Sullivan County Court of Appeals 07/13/99
02A01-9802-CH-00035

02A01-9802-CH-00035

Originating Judge:William M. Maloan
Weakley County Court of Appeals 07/12/99
Graham, et al vs. Edmondson

01a01-9809-CH-00482

Originating Judge:Cornelia A. Clark
Williamson County Court of Appeals 07/12/99
State vs. Douglas Rains

02C01-9808-CC-00249
Benton County Court of Appeals 07/12/99
Sullivan vs. Baptist Memorial Hospital

02S01-9804-CV-00032
Court of Appeals 07/12/99
Morefield vs. O'Brien Heating/Cooling

01A01-9807-CH-00385

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 07/12/99
William Hall vs. Don Shaw

02A01-9810-CH-00288

Originating Judge:D. J. Alissandratos
Shelby County Court of Appeals 07/12/99
Wiley Hutcherson vs. Rozell Carter

02A01-9807-CH-00216

Originating Judge:Wil V. Doran
Lauderdale County Court of Appeals 07/12/99
Wanda Barker vs. James Barker

02A01-9808-CH-00222

Originating Judge:William Michael Maloan
Obion County Court of Appeals 07/12/99
GRE Insurance Group vs. Reed

01A01-9806-CH-00300

Originating Judge:John W. Rollins
Coffee County Court of Appeals 07/12/99
William K. Buchanan Jr., v. Kathy Young and Donnie Young - Concurring

03A01-9811-CV-00387

The plaintiff, a resident of Hawaii, contracted to buy D & K  Auto Salvage from the defendants in August 1994, for $450, 000.00.  He employed Tom Gargone to manage the business.

Authoring Judge: Judge William H. Inman
Originating Judge:Judge J. Curtis Smith
Rhea County Court of Appeals 07/07/99
Jerry Nelms as next of kin and Executor of the Estate of Inez Nelms v. Walgreen Company

02A01-9805-CV-00137

Plaintiff Jerry Nelms, as next of kin and executor of the estate of his deceased wife,
Inez Nelms, appeals the trial court’s judgment awarding him the sum of $25,000 in compensatory damages but denying his request for punitive damages. We affirm the trial court’s judgment based upon our conclusion that the court properly directed a verdict in favor of Defendant/Appellee Walgreen Company on the Plaintiff’s claim for punitive damages.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge John R. McCarroll, Jr.
Shelby County Court of Appeals 07/07/99
Linda McDade and Gary Grooms, v. R. Henry Ivey

02A01-9805-CV-00124

This is a breach of contract case. The plaintiffs and the defendant orally agreed to each submit applications to the Federal Communications Commission (“FCC”) to obtain a license to construct and maintain cellular phone operations. The parties agreed to share the profits if any one of them was awarded a license. The defendant was awarded a license, and the plaintiffs sued to enforce the agreement. The trial court granted summary judgment to the defendant finding the contract was illegal under FCC rules and therefore unenforceable. The plaintiffs appeal. We affirm.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge Lee Moore
Obion County Court of Appeals 07/02/99
Carolyn Whitemore v. Diane Jones

02A01-9901-CV-00002

Defendant Diane Jones (“Jones” or “Appellant”) appeals the judgment of the trial court awarding Plaintiff Carolyn Whitemore (“Whitemore” or “Appellee”) the sum of $1,250.00 as reimbursement for money given to Jones by Whitemore for investment in an illegal “pyramid scheme.”

Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Jon Kerry Blackwood
Hardeman County Court of Appeals 07/02/99
Jennitia Jane Blanton Isbell v. Larry Euniel Isbell

02A01-9708-CH-00188

This is a divorce case. In dividing marital property, the trial court awarded the wife 50.5% of the marital property and awarded the husband 49.5%. The trial court did not award the wife alimony or attorney’s fees. The wife now appeals the division of marital property, and the failure to award alimony and attorneys’ fees. We affirm.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Joe C. Morris
Madison County Court of Appeals 07/02/99
Carl Hanks v. State of Tennessee

02A01-9810-BC-00295

This appeal is brought from the Claims Commission’s order dismissing the 2 appellant’s petition. Petitioner, a Tennessee Department of Correction inmate, was attacked by another inmate and sustained injuries as a result. Petitioner alleged in his complaint that the State of Tennessee was negligent in not providing adequate security. For the following reasons we affirm the Claims Commission’s order granting the State’s motion for summary judgment

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Commissioner Martha Brasfield
Jackson County Court of Appeals 07/02/99
Cheryl Lynn (Douglas) Humphrey v. David Arnold Humphrey

01A01-9802-CV-00109

Appellant David A. Humphrey commenced this pro se appeal to challenge the trial court's Final Decree granting a divorce to Appellee Cheryl Lynn (Douglas) Humphrey on the ground of inappropriate marital conduct. He asserts that the divorce should have been granted to him or the court should have simply declared the parties divorced. He also challenges the trial court’s child custody and visitation order, asking that in person visitation be required. Finally, he objects to the assessment of costs against him.

Authoring Judge: Judge Thomas Goodall
Originating Judge:Judge Patricia J. Cottrell
Sumner County Court of Appeals 07/01/99
HBO Direct, Inc., v. Ruth E. Johnson, Commissioner of Revenue, State of Tennessee

01A01-9804-CH-00221

This case involves a contest of Tennessee sales and use tax assessed by the defendant Tennessee Commissioner of Revenue. The plaintiff satellite programming television company argues that its services are not taxable telecommunications because, as “broadcast[s] . . . for public consumption,” the satellite television services are excluded from the definition of taxable telecommunications. The trial court granted summary judgment in favor of the plaintiff satellite programming television company. The defendant Commissioner appeals. We affirm.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 07/01/99
Carl Milliken v. Steven Feldt, Lori Feldt, and Robert Gaskin, Individually

01A01-9806-CV-00271

This case involves an appeal from the SumnerCounty Circuit Court’s de novo review of a case from General Sessions Court, in which only one of the General Sessions Defendants perfected an appeal to circuit court.

Authoring Judge: Judge William B. Cain
Originating Judge:Judge Thomas Goodall
Sumner County Court of Appeals 07/01/99
Willie Vann vs. Calvin Howell

02A01-9809-CV-00246

Originating Judge:James E. Swearengen
Shelby County Court of Appeals 06/30/99
Dotson vs. TDOC

01A01-9811-CV-00596
Court of Appeals 06/29/99
Jessica Weil vs. John Gaia, etc.

02A01-9804-CV-00098

Originating Judge:Kay S. Robilio
Shelby County Court of Appeals 06/29/99
Butler vs. TDOC

01A01-9808-CH-00428
Court of Appeals 06/29/99
In re: The Estate of Carlton Agib Blessing

01A01-9810-PB-00550
Court of Appeals 06/29/99