APPELLATE COURT OPINIONS

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Ann S. Wing v. James E. Wing - Concurring

01A01-9712-CC-00752

This is a domestic relations dispute involving money only. The trial court held that a certificate of deposit and one investment account were the separate property of Husband and declined to award Wife alimony or the total amount of her attorney fees. She appeals and presents these issues for review.

Authoring Judge: Judge William H. Inman
Originating Judge:Judge Marietta M. Shipley
Davidson County Court of Appeals 12/03/98
IN RE: Estate of Louise C. Davis, Deceased; Sarah Foster Kelley v. Sarah Hill Martin - Concurring

01-A-01-9803-PB-00157

This appeal involves the validity of certain transactions entered into by the holder of a power of attorney. The trial court set aside the transactions finding that the attorney in fact had failed to rebut the presumption of undue influence which arose in light of these self-benefitting transactions. We affirm the decision of the trial court.

Authoring Judge: Judge William B. Cain
Originating Judge:Chancellor Frank G. Clement
Davidson County Court of Appeals 12/03/98
Todd Harmon v. Janet Harmon

02A01-9709-CH-00212

Megan Harmon (“Megan” or “Appellant”), minor child born during the marriage of Plaintiff/Appellee, Todd Harmon (“Mr. Harmon” or “Appellee”) and Defendant Janet Harmon (“Mrs. Harmon”), by and through her Guardian Ad Litem (G.A.L.), appeals the decision of the trial court which found that Appellee was not the biological father of Appellant, and incorporated into the decree of divorce the marital dissolution agreement in which the parties agreed Appellee would have no further obligation to the child.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor John Walton West
Carroll County Court of Appeals 12/03/98
State of Tennessee , Department of Children's Services, v. Tamra Leeann Viar, and John Fitzgerald Gross, the unknown father of Katelyn Nicole Viar, In the Matter Of: Katelyn Nicole Viarelyn Nicole Viar

01A01-9806-JV-00275

The parental relationship between Tamra Viar and her daughter, Katelyn, was terminated by the Juvenile Court, the propriety of which she presents for review. Our review of the findings of fact made by the trial Court is de novo upon the record of the trial Court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise.

Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge John B. Melton, III
Cannon County Court of Appeals 12/03/98
Patsy Lorean Johnson v. James Larry Johnson

02A01-9703-CH-00069

This is a divorce case. In the original divorce, years ago, the wife was awarded shares of stock from the husband’s p ension fund. Subs equently, the pension fund was distributed to the husband, with no monies going to the wife. In this action, the trial court awarded the wife a judgment for the value o f the stock at the time of the trial co urt’s order. The husband appeals. We affirm.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor D. J. Alissandratos
Shelby County Court of Appeals 12/03/98
Billy Flowers and Amy Flowers v. Charles R. Horner and Reba M. Horner - Concurring

01A01-9806-CH-00315

This controversy may, perhaps, be described as a boundary dispute. The development of Riverview Estates Subdivision began in 1971 with the recordation of a plat which provided for a cul-de-sac fifty feet in width centered on the West boundary of Lot 23.

Authoring Judge: Judge William H. Inman
Originating Judge:Chancellor Donald P. Harris
Hickman County Court of Appeals 12/03/98
Mary M. Pawlakos v. Laurie Watson Pawlakos

01A01-9708-CH-00443

Respondent Laurie Watson Pawlakos (the Wife) appeals the trial court’s order requiring her to return certain funds to the estate of her deceased husband, John T. Pawlakos (the Decedent). For the reasons hereinafter stated, we affirm in part and reverse in part the trial court’s judgment.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor Allen W. Wallace
Stewart County Court of Appeals 12/02/98
Allen E. Hasty, Judy Darlene Hasty v. Thomas R. Throneberry, Ind., D/B/A Throneberry Properties and Sharon Clutter

01A01-9709-CV-00531

Defendant Thomas R. Throneberry appeals the trial court’s judgment in the amount of $6,000 entered in favor of Plaintiff/Appellee Allen E. Hasty after a jury trial. For the reasons hereinafter stated, we affirm the trial court’s judgment.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Robert E. Corlew, III
Rutherford County Court of Appeals 12/02/98
Roger P. Hogan, Fred C. Dance, and Music City Dust-Tex Service, Inc., v. Coyne International Enterprises Corp. D/B/A Coyne Textile Services

01A01-9712-CH-00733

This action is based on a series of contracts executed in the sale of an industrial dust control and laundry business. The Chancery Court of Davidson County dismissed the claims of the sellers, held that one of the sellers had breached one of the agreements but that the buyer had failed to prove its damages, and awarded the buyer attorneys’ fees. We reverse the dismissal of the sellers’ action and modify the award of attorneys’ fees.

Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Chancellor Ellen Hobbs Lyle
Davidson County Court of Appeals 12/02/98
County of Benton, v. H&W Environmental Services and Waste Managment Inc. of Tennessee

02A01-9802-CH-00040

Benton County appeals the trial court’s order granting summary judgment to H & W Environmental Services, Inc. (H&W) and Waste Management, Inc. of Tennessee (Waste Management) and denying summary judgment to Benton County. For the reasons stated hereafter, we affirm the trial court’s grant of summary judgment.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor Walton West
Benton County Court of Appeals 12/02/98
Jeri St. John D/B/A Jeri's v. Beer Permit Board, a Division of Henry County

02A01-9804-CH-00095

Plaintiff, Jeri St. John (“St. John” or “Appellant”) appeals the trial court’s judgment 2 in favor of Defendant, Beer Permit Board (“Beer Board” or “Appellee”) denying St. John a beer permit for her business “Jeri’s” n/k/a “The Foxy Lady.”

Authoring Judge: Judge Alan E. HIghers
Originating Judge:Chancellor John Walton West
Henry County Court of Appeals 12/02/98
Creative Research Mgt, Inc. vs. Barry Soskin, et al

01A01-9808-CH-00016

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 11/25/98
Malcolm Mills, et al vs. Ken Hancock, Ind., et al

01A01-9803-CV-00162

Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 11/25/98
Monroe E. Davis vs. Donal Campbell, et al

01A01-9712-CH-00755

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 11/25/98
Maples Homeowners Assoc., Inc. vs. T & R Nashville LP

01A01-9608-CH-00368

Originating Judge:Thomas E. Gray
Sumner County Court of Appeals 11/24/98
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Court of Appeals 11/24/98
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X2010-0000-XX-X00-XX
Knox County Court of Appeals 11/24/98
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X2010-0000-XX-X00-XX
Court of Appeals 11/24/98
Amy Tyler vs. Larry Morgan, d/b/a Larry Morgan Const. Co. et al

01A01-9711-CV-00661

Originating Judge:Cornelia A. Clark
Williamson County Court of Appeals 11/24/98
State Farm vs. John White

02A01-9802-CV-00044

Originating Judge:George H. Brown
Shelby County Court of Appeals 11/24/98
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X2010-0000-XX-X00-XX
Court of Appeals 11/24/98
03A01-9612-CV-00397

03A01-9612-CV-00397
Court of Appeals 11/24/98
Amy Tyler vs. Larry Morgan, d/b/a Larry Morgan Const. Co. et al

01A01-9711-CV-00661
Court of Appeals 11/24/98
Ashley Christine Olen and Steven Michael Olen By: Theresa E. Olen v. Angela Arlene Olen Altherr - Concurring

03A01-9805-CV-00166

In this child custody action, the minor children’s stepmother sought custody after the death of her husband, who had been the custodial parent. The natural mother counter-claimed for custody , and the Trial Judge awarded custody to the natural mother. The stepmother has appealed.

Authoring Judge: Judge Herschel P. Franks
Originating Judge:Judge G. Richard Johnson
Johnson County Court of Appeals 11/24/98
03A01-9803-CH-

03A01-9803-CH-
Hamblen County Court of Appeals 11/24/98