APPELLATE COURT OPINIONS

Cybill Shepherd v. Weather Shield Manufacturing, Inc.

W1999-00508-COA-R3-CV

The plaintiff brought suit against a manufacturer of windows and doors for allegedly supplying defective products which allowed substantial leaks into her dwelling and caused rotting because of excessive moisture. Following a nonjury trial, the trial court denied the plaintiff's claim pursuant to the Tennessee Consumer Protection Act but awarded judgment to the plaintiff on her claim that the defendant supplied defective doors and windows. Based upon our review, we affirm the trial court's denial of the Tennessee Consumer Protection Act claim. Finding that the plaintiff did not provide notice to the defendant of its allegedly defective product within the applicable statute of limitations, we reverse the award of damages to the plaintiff and dismiss her complaint.

Authoring Judge: Special Judge Alan E. Glenn
Originating Judge:Chancellor Walter L. Evans
Shelby County Court of Appeals
Johnny L. Butler, v. State of Tennessee

02C01-9509-CR-00289

The petitioner, who is serving a sentence for a federal court conviction, has filed two petitions attacking prior state convictions which were used to enhance the sentence for the federal conviction. These two petitions, called petitions for the writ of coram nobis or for habeas corpus, were dismissed by the trial court without a hearing on the basis that they were actually petitions for post-conviction relief and barred by the statute of limitations. We agree with the trial court.

Authoring Judge: Judge John H. Peay
Originating Judge:Judge W. Fred Axley
Shelby County Court of Appeals