APPELLATE COURT OPINIONS

In this case the husband has appealed the trial judge's award of $14,750 to the wife as her share of the marital property. The trial judge made the following findings: that the husband's property had increased in value during the marriage in the amount, when added to the value of some property acquired by the parties, of $34,000; that the cattle acquired by the parties had a negative value of $4,500, leaving a net value of $29,500; that the wife had made a contribution to the preservation and appreciation of the property; that the wife had a greater need than the husband; and that the husband had a greater ability to produce income in the future. Taking the net increase in the marital estate of $29,500 the trial judge then awarded half of it to the wife.

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.

This is an appeal by plaintiffs/appellants, Gloria and Edward Keene, from the trial court's order granting partial summary judgment to defendant/appellee, Cracker Barrel Old Country Store, Inc. ("Cracker Barrel").

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.

In this divorce case, the defendant/wife has appealed from that portion of the divorce decree which granted to the plaintiff/husband sole custody of the daughter of the parties, aged 4 1/2 years at the time of judgment, 5 years at the present time.

The claimant, Billy R. Parks, has appealed from a summary judgment of the Probate Court dismissing his claim against the captioned estate. Appellant presents the issues in the following form: 1. The Chancellor erred in ruling that Mr. Parks had no legal basis for making a claim on the theories of implied or quasi contract, or a theory of unjust enrichment of Mr. Jenkins. 2. The Chancellor erred in ruling that Mr. Parks could not recover under an implied or quasi contract theory because of the existence of an express contract between the parties.

This is an appeal from the trial court's judgment in favor of Defendant on Plaintiffs' fraud and contract allegations. Appellants are William Max Nichols, maker of certain notes representing student loans, and his father, Maxie L. Nichols, who was co-maker on said notes. The Appellee is Tennessee Student Assistance Corporation (TSAC), a non-profit corporation created by the General Assembly to guarantee and administer loans made by educational institution lenders to students attending post-secondary schools in Tennessee. T.C.A. § 49-4-203(1)- (3) (1990).

This appeal represents a consolidation of three actions. The first case, styled V.R. Williams & Company v. Paul M. Quandt and Nelle Quandt, is an appeal to Circuit Court from a judgment in the General Sessions Court of Franklin County finding Paul Quandt indebted to V.R. Williams & Co. in the amount of $3664.69 for past due insurance premiums. The second case, styled In Re: Estate of Paul Max Quandt, Deceased, is a probate proceeding filed in the Chancery Court of Franklin County to administer the estate of Paul Max Quandt. The only issues in the probate proceeding heard on consolidation concern creditors' claims filed against Paul Quandt's estate and the exceptions filed thereto. The third case, styled Mid-South Bank & Company, V.R. Williams & Company and Franklin County Bank v. Paul Max Quandt Estate, Nelle S. Quandt, Jessica Quandt, Paul Quandt, Jr. and Paul Max Quandt, III., is a Chancery Court action to set aside fraudulent conveyances of property owned by Paul M. Quandt Defendants/Appellants

I concur with the result of the majority's opinion but add this separate opinion to state my understanding of the source and nature of the duty of prison officials to persons who are placed involuntarily in their custody.

The captioned plaintiffs have appealed from the dismissal of their suit against the defendant, Stewart County, Tennessee, arising out of the suicide of Hugh Allen Heflin in the Stewart County Jail. No complaint is made on appeal as to the summary dismissal of all other defendants. This suit is limited to damages for pain and suffering of deceased. Damages for wrongful death have been recovered in federal court.