COURT OF APPEALS OPINIONS

Billy Flowers and Amy Flowers v. Charles R. Horner and Reba M. Horner - Concurring
01A01-9806-CH-00315
Authoring Judge: Judge William H. Inman
Trial Court Judge: Chancellor Donald P. Harris

This controversy may, perhaps, be described as a boundary dispute. The development of Riverview Estates Subdivision began in 1971 with the recordation of a plat which provided for a cul-de-sac fifty feet in width centered on the West boundary of Lot 23.

Hickman Court of Appeals

State of Tennessee , Department of Children's Services, v. Tamra Leeann Viar, and John Fitzgerald Gross, the unknown father of Katelyn Nicole Viar, In the Matter Of: Katelyn Nicole Viarelyn Nicole Viar
01A01-9806-JV-00275
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge John B. Melton, III

The parental relationship between Tamra Viar and her daughter, Katelyn, was terminated by the Juvenile Court, the propriety of which she presents for review. Our review of the findings of fact made by the trial Court is de novo upon the record of the trial Court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise.

Cannon Court of Appeals

IN RE: Estate of Louise C. Davis, Deceased; Sarah Foster Kelley v. Sarah Hill Martin - Concurring
01-A-01-9803-PB-00157
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Frank G. Clement

This appeal involves the validity of certain transactions entered into by the holder of a power of attorney. The trial court set aside the transactions finding that the attorney in fact had failed to rebut the presumption of undue influence which arose in light of these self-benefitting transactions. We affirm the decision of the trial court.

Davidson Court of Appeals

Patsy Lorean Johnson v. James Larry Johnson
02A01-9703-CH-00069
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor D. J. Alissandratos

This is a divorce case. In the original divorce, years ago, the wife was awarded shares of stock from the husband’s p ension fund. Subs equently, the pension fund was distributed to the husband, with no monies going to the wife. In this action, the trial court awarded the wife a judgment for the value o f the stock at the time of the trial co urt’s order. The husband appeals. We affirm.

Shelby Court of Appeals

Todd Harmon v. Janet Harmon
02A01-9709-CH-00212
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor John Walton West

Megan Harmon (“Megan” or “Appellant”), minor child born during the marriage of Plaintiff/Appellee, Todd Harmon (“Mr. Harmon” or “Appellee”) and Defendant Janet Harmon (“Mrs. Harmon”), by and through her Guardian Ad Litem (G.A.L.), appeals the decision of the trial court which found that Appellee was not the biological father of Appellant, and incorporated into the decree of divorce the marital dissolution agreement in which the parties agreed Appellee would have no further obligation to the child.

Carroll Court of Appeals

Mary M. Pawlakos v. Laurie Watson Pawlakos
01A01-9708-CH-00443
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Allen W. Wallace

Respondent Laurie Watson Pawlakos (the Wife) appeals the trial court’s order requiring her to return certain funds to the estate of her deceased husband, John T. Pawlakos (the Decedent). For the reasons hereinafter stated, we affirm in part and reverse in part the trial court’s judgment.

Stewart Court of Appeals

Allen E. Hasty, Judy Darlene Hasty v. Thomas R. Throneberry, Ind., D/B/A Throneberry Properties and Sharon Clutter
01A01-9709-CV-00531
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Robert E. Corlew, III

Defendant Thomas R. Throneberry appeals the trial court’s judgment in the amount of $6,000 entered in favor of Plaintiff/Appellee Allen E. Hasty after a jury trial. For the reasons hereinafter stated, we affirm the trial court’s judgment.

Rutherford Court of Appeals

Roger P. Hogan, Fred C. Dance, and Music City Dust-Tex Service, Inc., v. Coyne International Enterprises Corp. D/B/A Coyne Textile Services
01A01-9712-CH-00733
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Ellen Hobbs Lyle

This action is based on a series of contracts executed in the sale of an industrial dust control and laundry business. The Chancery Court of Davidson County dismissed the claims of the sellers, held that one of the sellers had breached one of the agreements but that the buyer had failed to prove its damages, and awarded the buyer attorneys’ fees. We reverse the dismissal of the sellers’ action and modify the award of attorneys’ fees.

Davidson Court of Appeals

County of Benton, v. H&W Environmental Services and Waste Managment Inc. of Tennessee
02A01-9802-CH-00040
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Walton West

Benton County appeals the trial court’s order granting summary judgment to H & W Environmental Services, Inc. (H&W) and Waste Management, Inc. of Tennessee (Waste Management) and denying summary judgment to Benton County. For the reasons stated hereafter, we affirm the trial court’s grant of summary judgment.

Benton Court of Appeals

Jeri St. John D/B/A Jeri's v. Beer Permit Board, a Division of Henry County
02A01-9804-CH-00095
Authoring Judge: Judge Alan E. HIghers
Trial Court Judge: Chancellor John Walton West

Plaintiff, Jeri St. John (“St. John” or “Appellant”) appeals the trial court’s judgment 2 in favor of Defendant, Beer Permit Board (“Beer Board” or “Appellee”) denying St. John a beer permit for her business “Jeri’s” n/k/a “The Foxy Lady.”

Henry Court of Appeals

Monroe E. Davis vs. Donal Campbell, et al
01A01-9712-CH-00755
Trial Court Judge: Irvin H. Kilcrease, Jr.

Davidson Court of Appeals

Malcolm Mills, et al vs. Ken Hancock, Ind., et al
01A01-9803-CV-00162
Trial Court Judge: Hamilton V. Gayden, Jr.

Davidson Court of Appeals

Creative Research Mgt, Inc. vs. Barry Soskin, et al
01A01-9808-CH-00016
Trial Court Judge: Ellen Hobbs Lyle

Davidson Court of Appeals

Amy Tyler vs. Larry Morgan, d/b/a Larry Morgan Const. Co. et al
01A01-9711-CV-00661
Trial Court Judge: Cornelia A. Clark

Williamson Court of Appeals

Amy Tyler vs. Larry Morgan, d/b/a Larry Morgan Const. Co. et al
01A01-9711-CV-00661

Court of Appeals

Betty Prather and Carol Prather vs. Kenneth R. Lyle and Holt Farms
01A01-9711-CV-00663
Trial Court Judge: James E. Walton

Montgomery Court of Appeals

Maples Homeowners Assoc., Inc. vs. T & R Nashville LP
01A01-9608-CH-00368
Trial Court Judge: Thomas E. Gray

Sumner Court of Appeals

State Farm vs. John White
02A01-9802-CV-00044
Trial Court Judge: George H. Brown

Shelby Court of Appeals

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Court of Appeals

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Court of Appeals

Ashley Christine Olen and Steven Michael Olen By: Theresa E. Olen v. Angela Arlene Olen Altherr - Concurring
03A01-9805-CV-00166
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Judge G. Richard Johnson

In this child custody action, the minor children’s stepmother sought custody after the death of her husband, who had been the custodial parent. The natural mother counter-claimed for custody , and the Trial Judge awarded custody to the natural mother. The stepmother has appealed.

Johnson Court of Appeals

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Knox Court of Appeals

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Court of Appeals

03A01-9612-CV-00397
03A01-9612-CV-00397

Court of Appeals

03A01-9803-CH-
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Hamblen Court of Appeals