COURT OF APPEALS OPINIONS

In the matter of the estate of Mary Ardelle Gower, Deceased, v. Tyson Robertson, Bessie Lewis, Danny Boggell, Pat Henkel, and Marilyn Whitten
01A01-9710-CH-00605
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Robert L. Jones

Mary Ardelle Gower died on August 11, 1995 in Wayne County, Tennessee at the age of 73. Her will was offered for probate by William Steven Jones, the executor therein named and the sole beneficiary of the will.

Wayne Court of Appeals

William P. Williams, v. Wanda C. Williams
01A01-9711-CH-00679
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor C. K. Smith

This is a child support case. The Chancery Court of Wilson County set the mother’s obligation of support at $723.00 per month. The mother appeals and asserts that the evidence preponderates against the trial court’s finding. We affirm the judgment below.

Wilson Court of Appeals

In re: Jason Ryan Stephens, Pamela Renee Stephens, v. James Callaway
01A01-9801-JV-00043
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge David Loughry

This appeal involves a biological father's obligation to support his thirteen year old son.

Rutherford Court of Appeals

Helen S. Rogers v. Thomas E. Watts, Jr., - Concurring
01A01-9603-CV-00120
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Thomas W. Brothers

This appeal involves another chapter in a lingering, acrimonious dispute between two Nashville lawyers stemming from a failed settlement of a case in federal court. After one of the lawyers abandoned his third-party complaint against the other lawyer for fraudulent misrepresentation, the other lawyer filed a malicious prosecution action in the Circuit Court for Davidson County. When the trial court dismissed the complaint on the ground that it was premature, the prevailing lawyer sought Tenn. R. Civ. P. 11 sanctions against the lawyer whose malicious prosecution claim had been dismissed. The trial court declined to grant sanctions, and the lawyer seeking sanctions has appealed. We have determined that the record supports the trial court’s decision not to award sanctions and, therefore, affirm the trial court’s decision.

Davidson Court of Appeals

James F. Cook, Jr., D/B/A Cook Properties, v. Consolidated Stores Corp., Belz Investco, L.P., Urco, Inc., Union Realty Co. LTD., and South Plaza Co.
01A01-9605-CH-00245
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Robert S. Brandt

This appeal involves a dispute over a real estate commission on four retail properties in Memphis. After a former client leased these properties, a real estate broker filed suit in the Chancery Court for Davidson County seeking a commission from its former client and the lessors of the four properties. The trial court granted the former client’s motion for summary judgment and, following a bench trial, dismissed the broker’s claims against the four lessors. On this appeal, the broker asserts that the trial court erred by granting his former client’s summary judgment motion and that the evidence preponderates against the trial court’s dismissal of his claims against the four lessors. We have determined that the trial court properly granted the summary judgment motion and that the evidence does not preponderate against the trial court’s judgment in favor of the four lessors.

Davidson Court of Appeals

Boiler Supply Company, Inc., v. Lunn Real Estate Investments
01A01-9605-CH-00246
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal involves a dispute over the interpretation of a provision allocating the responsibility for paying legal expenses in the event of a default or breach of two leases. The lessee filed suit against the lessor in the Chancery Court for Davidson County seeking a declaration that the leases had expired and requesting its attorney’s fees in accordance with the provisions of the lease agreements. The trial court granted the lessee’s motion for summary judgment and declared that the leases had expired but denied the lessee’s claim for legal expenses. The lessee has appealed. We have determined that the trial court correctly interpreted the lease agreements and, therefore, affirm the summary judgment.

Davidson Court of Appeals

In the matter of: S.M.L. (DOB 12/26/88), C.B.L. (DOB 4/14/92), D.K.J. (DOB 5/8/93) Children under the age of 18.
07-93-017-CC
Authoring Judge: Presiding Judge Henry F. Todd

C.L.H. has filed a timely Tenn. R. App. P. 39 petition for rehearing and a Tenn. R. App. P. 14 motion to consider post-judgment facts. She asserts that our original opinion filed on June 12, 1998 misapprehends material facts with regard to her more recent self-improvement efforts, and she offers new evidence regarding her educational attainments and the stability of her living environment.

 

Dickson Court of Appeals

Lionel L. Lulow v. Earl Poss and Carl Poss - Concurring
01-A-01-9509-CH-00399
Authoring Judge: Judge Walter W. Bussart
Trial Court Judge: Judge Robert E. Corlew, III

This is an appeal by defendants/appellants, Earl and Carl Poss, from a decision of the chancery court in a boundary dispute. It is the Posses contention that the chancery court erred when it approved the survey  entered into evidence by the plaintiffs/appellees, Lionel and Nancy Lulow.  The diagram below, while not drawn to scale, depicts the layout of the relevant tracts of land.  Reference to this diagram will be helpful in understanding the following facts.

Cannon Court of Appeals

Bradson Mercantile vs. Joseph Crabtree
02A01-9710-CV-00272

Shelby Court of Appeals

Henry Collier vs. Methodist Hosp., et al
02A01-9607-CV-00165
Trial Court Judge: Dick Jerman, Jr.

Haywood Court of Appeals

02A01-9707-CH-00157
02A01-9707-CH-00157
Trial Court Judge: W. Michael Maloan

Obion Court of Appeals

Shelley Sackett v. Hal Roseman
M2002-00587-COA-R9-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Muriel Robinson
This interlocutory appeal was brought to determine whether the trial court properly exercised subject matter jurisdiction pursuant to the Uniform Child Custody Joint Enforcement Act (UCCJEA).

Davidson Court of Appeals

King vs. King
03A01-9710-CH-00441

Court of Appeals

Connatser vs. Connatser
03A01-9801-CV-00005

Court of Appeals

Kellogg Co., vs. TN Comm., et al
02A01-9612-CH-00302
Trial Court Judge: C. Neal Small

Shelby Court of Appeals

Fye vs. Kennedy
03A01-9707-CV-00287

Hamilton Court of Appeals

Sanjurjo vs. Woods
03A01-9708-CH-00330

Court of Appeals

03A01-9712-CV-00532
03A01-9712-CV-00532

Court of Appeals

Judd's vs. Muir
03A01-9801-CH-00002

Court of Appeals

Wilhoite vs. Proffitt
03A01-9801-CH-00004

Court of Appeals

City of Knox vs. Garuin
03A01-9801-CV-00038

Court of Appeals

Moore vs. Feathers
03A01-9802-CV-00063

Court of Appeals

3A01-9801-CH-00034
3A01-9801-CH-00034

Court of Appeals

3A01-9801-CV-00033
3A01-9801-CV-00033

Sevier Court of Appeals

Purkey vs. Purkey
03A01-9707-CV-00317

Court of Appeals