APPELLATE COURT OPINIONS

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X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
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
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
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
03C01-9502-CR-00033

03C01-9502-CR-00033

Originating Judge:James E. Beckner
Hamblen County Court of Criminal 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
03A01-9507-CH-00212

03A01-9507-CH-00212
Anderson County Court of Appeals 10/19/95
03C01-9412-CR-00451

03C01-9412-CR-00451
McMinn County Court of Criminal Appeals 10/18/95
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
Cyril v. Fraser

03C01-9410-CR-00369

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 10/17/95
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
02A01-9410-CH-00235

02A01-9410-CH-00235

Originating Judge:D. J. Alissandratos
Shelby County Court of Appeals 10/17/95
03C0l-940l-CR-00025

03C0l-940l-CR-00025

Originating Judge:James B. Scott, Jr.
Anderson County Court of Criminal Appeals 10/16/95
03C01-9407-CR-00260

03C01-9407-CR-00260

Originating Judge:Edgar P. Calhoun
Sullivan County Court of Criminal Appeals 10/16/95
01S01-9408-CH-00076

01S01-9408-CH-00076
Supreme Court 10/16/95
03C01-9411-CR-00427

03C01-9411-CR-00427
Hamilton County Court of Criminal Appeals 10/16/95
03C01-9411-CR-00428

03C01-9411-CR-00428

Originating Judge:E. Eugene Eblen
Roane County Court of Criminal Appeals 10/16/95
Paula Van Slyke (Fleming) v. Philp Edward Fleming - Concurring

01-A-01-9504-CV-00178

This case involves the question of whether a custodial parent may claim the benefit of changes in the child support guidelines promulgated after trial on her Petition for Increased Child Support, but before the trial court filed its Final Order. Because those changes were not raised in the  proceedings below, we decline to act on them here. Instead, we remand  the cause to the trial court for further proceedings.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Muriel Robinson
Davidson County Court of Appeals 10/15/95
Laura Patricia Cutsinger v. Charles Edward Cutsinger - Concurring

01A01-9504-CV-00148

In this divorce case, Charles Edward Cutsinger (Husband) has appealed the trial court's judgment which awarded Laura Patricia Cutsinger (Wife) a thirty percent (30%) interest as a seller in the contract of sale of Husband's chiropractic practice. Husband also has appealed the trial court's ruling which ordered Husband to indemnify Wife for any judgment that might arise as a result of an indebtedness for a pleasure boat purchased during the marriage.

Authoring Judge: Judge David R.Farmer
Originating Judge:Judge Robert W. Wedemeyer
Robertson County Court of Appeals 10/14/95