APPELLATE COURT OPINIONS

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In re: Estate of Harold L. Jenkins, Deceased, Hugh C. Carden and Donald Garis, Co-Executors/Appellees, v. Billy R. Parks

01A01-9504-CH-00135

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.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Chancellor Tom E. Gray
Sumner County Court of Appeals 10/20/95
Maxie L. Nichols and W. Max Nichols, v. Tennessee Student Assistance Corp.

01A01-9506-CH-00247

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).

Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor C. Allen High
Davidson County Court of Appeals 10/20/95
Mid-South Bank & Trust Co., V.R. Williams & Co., and Franklin County Bank, v. Paul Max Quandt Estate, Nelle S. Quandt, Jessica Quandt, Paul Quandt, Jr., and Paux Max Quandt, III

01A01-9403-CH-00107

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

Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Thomas A. Greer, Jr.
Franklin County Court of Appeals 10/20/95
02A01-9405-CV-00114

02A01-9405-CV-00114
Court of Appeals 10/20/95
Allen D. Heflin and wife Jean LaRue Heflin, as natural parents and next-of-kin of Hugh Allen Heflin, Deceased, v. Stewart County, Tennessee, et al. - Concurring

01A01-9504-CV-00131

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.

Authoring Judge: Judge William C. Koch, Jr.
Stewart County Court of Appeals 10/20/95
03A01-9507-GS-00217

03A01-9507-GS-00217

Originating Judge:Inman
Court of Appeals 10/20/95
Allen D. Heflin and wife, Jean LaRue Heflin, as Natural Parents and Next-of-Kin of Hugh Allen Heflin, Deceased, v., Stewart County, Tennessee, et al.

01A01-9504-CV-00131

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.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Robert E. Burch
Stewart County Court of Appeals 10/20/95
03A01-9505-CV-00143

03A01-9505-CV-00143

Originating Judge:Inman
Hamilton County Court of Appeals 10/20/95
State of Tennessee, ex rel., Claudia Agee, v. J.C. Chapman, Jr.

01A01-9506-CV-00231

This is an appeal from a judgment of the lower court finding the respondent in contempt for failing to pay child support. The lower court sentenced the respondent to six months in jail but allowed him to remain free if he complied with the court's current support order and remained within the state. On appeal, the respondent argues that he had no notice of the original support order, that he was not given proper notice of the contempt charges, that the trial judge improperly denied his request for a jury, and that the trial judge erred in denying him the right to leave the state. In accordance with the following opinion we reverse the lower court's sentence for contempt and its injunction against leaving the state. Otherwise, we affirm.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Muriel Robinson
Davidson County Court of Appeals 10/19/95
03C01-9502-CR-00033

03C01-9502-CR-00033

Originating Judge:James E. Beckner
Hamblen County Court of Criminal Appeals 10/19/95
The Metropolitan Gov. of Nashville and Davidison County, Tennessee and The Metropolitan Nashville Airport Authority v. Overnite Transportation Company - Concurring

01-A-01-9503-CV-00089

This is an appeal by the petitioners/appellants, Tennessee State Department of Transportation ("TDOT") and Metropolitan Nashville Airport Authority ("MNAA"), from a jury verdict and judgment valuing four acres of  condemned property owned by the respondent/appellee, Overnite Transportation Company ("Overnite"), at $1,759,578.10.

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Hamilton Gayden
Davidson County Court of Appeals 10/19/95
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 10/19/95
03A01-9506-CV-00171

03A01-9506-CV-00171
Court of Criminal Appeals 10/19/95
Forrest City Grocery Company, v. Tennessee Department of Revenue

01A01-9505-CH-00198

The plaintiff, Forrest City Grocery Company, filed a declaratory judgment action in the Chancery Court of Davidson County alleging that the Unfair Cigarette Sales Law violates (1) the Sherman Antitrust Act, and (2) the plaintiff's right to due process. The chancellor found the issues in favor of the statute and dismissed the complaint. We affirm.

Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Chancellor C. Allen High
Davidson County Court of Appeals 10/19/95
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 10/19/95
03A01-9507-CH-00212

03A01-9507-CH-00212
Anderson County Court of Appeals 10/19/95
Bellsouth Advertising & Publishing Corporation, v. Reuben Bonilla and Marco Bonilla, Partners, D/B/A Car Stereo Shop and Mobile Phone

01A01-9505-CH-00213

One of the captioned defendants, Reuben Bonilla, has appealed from the judgment of the Trial Court overruling his motion to set aside a default judgment in favor of the captioned plaintiff. The notice of appeal states: Notice is hereby given that Reuben Bonilla, defendant named herein, hereby appeals to the Court of Appeals from the order entered in this cause on the 21st day of November, 1994.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Chancellor Robert S. Brandt
Davidson County Court of Appeals 10/19/95
Larry D. Turnley, Pro Se vs. State

M2003-02153-CCA-R3-HC
The Petitioner, Larry D. Turnley, appeals the trial court's dismissal of his petition for the writ of habeas corpus, which was treated as a petition for post- conviction relief by the trial court. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner filed his petition outside the statute of limitations for post-conviction purposes. Moreover, the petitioner is incarcerated in a federal prison, and federal prisoners are specifically excluded from state habeas corpus relief. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 10/18/95
03A01-9505-CV-00153

03A01-9505-CV-00153
Court of Appeals 10/18/95
03C01-9412-CR-00451

03C01-9412-CR-00451
McMinn County Court of Criminal Appeals 10/18/95
02A01-9407-CV-00161

02A01-9407-CV-00161

Originating Judge:James E. Swearengen
Shelby County Court of Appeals 10/17/95
02A01-9404-CV-00077

02A01-9404-CV-00077

Originating Judge:D'Army Bailey
Shelby County Court of Appeals 10/17/95
02A01-9407-CV-00169

02A01-9407-CV-00169

Originating Judge:Darrell Blanton
Shelby County Court of Appeals 10/17/95
Bessie Lee King v. Davidson (NMN) Taylor - Concurring

02A01-9504-CV-000

This appeal arises out of a paternity action filed by the Plaintiff-Appellee, Bessie Lee King, against the Defendant-Appellant, Davidson Taylor, to establish the paternity of King's minor child, Davene. The action was originally filed in the Juvenile Court of Memphis and Shelby County, but was transferred to Circuit Court after Mr. Taylor requested a jury trial. Mr.  Taylor, Ms. King, and Davene submitted to a blood test. The sworn blood test results, which accompanied Appellee's motion for summary judgment, established that Mr. Taylor had a 99.65% probability of being Davene's father. Relying on both the blood test and T.C.A. § 24-7-112(b)(2) (Michie 1994), the trial court granted Ms. King's motion for summary judgment. Mr. Taylor appeals the decision of the trial court.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge D'Army Bailey
Shelby County Court of Appeals 10/17/95
Cyril v. Fraser

03C01-9410-CR-00369

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 10/17/95