APPELLATE COURT OPINIONS

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Ames vs. Phillips Builders

01A01-9701-CV-00043

Originating Judge:Barbara N. Haynes
Davidson County Court of Appeals 11/19/97
Zanetis vs. McMackin

01A01-9705-CV-00203

Originating Judge:William C. Koch
Court of Appeals 11/19/97
Alexander Friedmann, v. Charles Bass, et al.

01A01-9707-CH-00331

This appeal involves a prison disciplinary proceeding. After being found guilty of engaging in an unauthorized monetary transaction, the prisoner filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County alleging that the disciplinary proceeding violated his due process rights. The trial court granted the prison officials’ motion for summary judgment and dismissed the petition on the ground that the petitioner had failed to make out a due process claim as a matter of law. We affirm the summary judgment in accordance with Tenn. Ct. App. R. 10(b).1

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Chancellor Ellen Hobbs Lyle
Davidson County Court of Appeals 11/19/97
Phelps vs. The TN. Bd. of Paroles

01A01-9603-CH-00103

Originating Judge:Robert S. Brandt
Davidson County Court of Appeals 11/19/97
Lemasters vs. Ross

01A01-9702-CV-00070

Originating Judge:Muriel Robinson
Davidson County Court of Appeals 11/19/97
Friedmann vs. Bass

01A01-9707-CH-00331

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 11/19/97
Phelps vs. The TN. Bd. of Paroles

01A01-9603-CH-00103

Originating Judge:Henry F. Todd
Court of Appeals 11/19/97
Ringling vs. TN. Bd. of Paroles

01A01-9708-CV-00416

Originating Judge:Thomas W. Brothers
Davidson County Court of Appeals 11/19/97
In re: Estate of Alla Mae Locke Simmons, Deceased

01A01-9608-PB-00366

Originating Judge:Frank G. Clement, Jr.
Davidson County Court of Appeals 11/19/97
City of Athens vs. Callaway

03A01-9707-CV-00256
McMinn County Court of Appeals 11/19/97
Michael Sanderson v. University of Tennessee - Concurring

01A01-9607-CH-00289

In this case, a student at the University of Tennessee was charged with plagiarism. After a hearing, an administrative law judge found that the  student had not committed plagiarism. The University Chancellor reversed the ALJ’s decision, issuing a final order finding the student guilty of plagiarism. The student appealed this decision to the chancery court, pursuant to the Tennessee Uniform Administrative Procedures Act, which affirmed the finding of plagiarism. We affirm the decision of the chancery court.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Robert S. Brandt
Davidson County Court of Appeals 11/19/97
Nilsen vs. Black

01A01-9705-CH-00212

Originating Judge:Alex W. Darnell
Montgomery County Court of Appeals 11/19/97
Geraldo vs. Vanderbilt University

01A01-9610-CH-00467

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 11/19/97
Frazier vs. George

01A01-9703-CV-00110

Originating Judge:John W. Rollins
Coffee County Court of Appeals 11/19/97
Pratt vs. Smart

03A01-9701-CV-00024
Knox County Court of Appeals 11/18/97
03A01-9704-CH-00133

03A01-9704-CH-00133
Greene County Court of Appeals 11/18/97
Charles Fossett vs. State of TN

02A01-9703-BC-00061
Court of Appeals 11/18/97
Charter Oak Fire Ins. Co. v. Lexington Ins. Co.

M2002-01752-COA-R3-CV
On November 16, 1997, a fire destroyed a Chili's Restaurant ("Chili's") in Nashville, Tennessee. At the time of the fire, the premises were owned and operated by RMR Investments and Gower Center, Ltd. ("RMR/Gower") and leased to Chili's. Under a 20-year lease agreement, Chili's agreed to insure the improvements against loss or damage by fire and other casualties and to insure against property damage and public liability arising out of occurrences on the premises. RMR/Gower was to be named as a loss payee or additional insured under the insurance policies obtained by Chili's. According to the lease, in the event the premises and/or the improvements were destroyed by fire or other casualty, Chili's had the option to terminate the lease, and all insurance proceeds were to be paid to RMR/Gower, except for the portion payable to Chili's for loss of personal property. Pursuant to the lease agreement, Chili's obtained insurance coverage through Lexington Insurance Company ("Lexington"). The certificate of insurance dated December 5, 1997 listed RMR/Gower as certificate holder and named RMR/Gower as additional insured. After the fire, Chili's elected to terminate the lease agreement due to the condition of the premises. Lexington paid the proceeds for the loss of the building to RMR/Gower, less amounts paid to Chili's for loss of personal property. RMR/Gower submitted an additional claim for damages it incurred for the loss of rental income and other charges it would have otherwise collected from Chili's. This claim was denied by Lexington. RMR/Gower then submitted a claim to its insurer Charter Oak Fire Insurance Company ("Charter Oak") for the loss of rental income, which Charter Oak paid. After Lexington refused to reimburse Charter Oak for the amounts it paid RMR/Gower for the loss of rental income, Charter Oak filed suit against Lexington for breach of contract under the theory of third party beneficiary. Parties filed cross motions for summary judgment. On June 26, 2002, the trial court granted Lexington's summary judgment motion and denied Charter Oak's motion. Notice of this appeal soon followed. For the reasons set forth below, the order of the trial court is reversed in part and affirmed in part.
Authoring Judge: Judge Don R. Ash
Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 11/16/97
Mississippi Farm Mutual vs. Latonia & Thomas Jones

02A01-9607-CV-00151

Originating Judge:George H. Brown
Shelby County Court of Appeals 11/14/97
William Boyle vs. Virginia Thomas

02A01-9601-CV-00022

Originating Judge:Robert A. Lanier
Shelby County Court of Appeals 11/14/97
Susie Buchanan vs. Memphis Light, etc.

02A01-9610-CV-00245

Originating Judge:James E. Swearengen
Shelby County Court of Appeals 11/14/97
Jones vs. Rudolph

01A01-9611-CH-00513

Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 11/14/97
Kitsie Hendrix vs. James Cox, et al

02A01-9510-CV-00233

Originating Judge:Wyeth Chandler
Shelby County Court of Appeals 11/14/97
03A01-9704-CV-00111

03A01-9704-CV-00111
Hamilton County Court of Appeals 11/14/97
Fetterolf vs. Fetterolf

01A01-9704-JV-00171

Originating Judge:John P. Hudson
Putnam County Court of Appeals 11/14/97