COURT OF APPEALS OPINIONS

Patricia Herndon, Next of Kin of Warren G. Price, Deceased, v. Michael and Jeanette Hughes, and Jeff McAlpin, D/B/A Pyramid Motors and McAlpin Enterprises
02A01-9706-CV-00128
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge James E. Swearengen

This appeal involves an automobile accident and the subsequent wrongful death action brought by the daughter of the decedent. Plaintiff-appellant, Patricia Herndon, filed suit against
Michael Hughes, the driver of the other automobile, the driver’s wife Jeanette Hughes, co-owner 2 of the vehicle, and Jeff McAlpin & Associates, Inc., (McAlpin), the car dealership that sold Mr. Hughes the automobile. Ms. Herndon appeals the order of the trial court granting summary judgment to McAlpin.

Shelby Court of Appeals

Ronald E. Nelson v., James P. Everett, et al.
02A01-9707-CV-00150
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge James E. Swearengen

Plaintiff/Appellant, Ronald E. Nelson (“Nelson”) appeals the judgment of the trial court granting defendants/appellees’, James P. Everett (“Everett”) and Memphis Publishing Company, Inc., d/b/a The Commercial Appeal (“Memphis Publishing Company”) (collectively “defendants”), motion for summary judgment. For reasons stated hereinafter, we affirm the judgment of the trial court.

Shelby Court of Appeals

Meese & Associates, Inc., v. Eddie Powers and David Hicks, Rebecca Car Kirklin, v. Meese Associates, Inc.
03A01-9705-CH-
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Billy Joe White

Plaintiff, Meese & Associates, Inc. (“plaintiff”), appeals the judgment of the trial court 2 awarding Intervening Plaintiff/Appellee, Rebecca Kirklin (“Kirklin”), the real estate commission for the sale of Defendants/Appellees’, Eddie Powers (“Powers”) and David Hicks (“Hicks”) (collectively “defendants”), property by Kirklin. For reasons stated hereinafter, we reverse the decision of the trial court and remand.

Campbell Court of Appeals

Alexander Jackson Bullard vs. The City of Chattanooga Fireman's & Policeman's Insurance & Pension Fund Board - Concurring
03A01-9705-CH-00193
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor Howell N. Peoples

In this action plaintiff sought job-related disability benefits from his pension plan, administered by the City of Chattanooga Firemen’s and  Policemen’s Insurance and Pension Fund Board (“Board”). The Board, after an evidentiary hearing, voted 3 to 2 to deny benefits. An appeal was taken to the Chancery Court, and the Chancellor overturned the decision of the Board and awarded benefits. For reasons hereinafter stated we affirm and adopt from the Chancellor’s Opinion.

Hamilton Court of Appeals

Interstate Mechanical Contractors, Inc., v. MCH Partners: Jimmy R. Reagan, d/b/a Precision Construction Company, et al. - Concurring
03A01-9706-CH-00234
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Chester S. Rainwater

This appeal involves a payment dispute between the plaintiff, Don Conseen, a subcontractor doing business as DC Service & Sales, and defendants Jimmy R. Reagan and Howard Sexton, doing business as Precision Construction Company, a general contractor. Plaintiff sued for payment for construction work which he testified was requested and approved by defendants, and for which he was promised payment by the defendants. An evidentiary hearing was held. The defendants presented no proof at trial. The chancellor granted plaintiff a judgment for $19, 267.45, the amount sought by the plaintiff. The defendants appealed. We affirm the judgment of the trial court.

Sevier Court of Appeals

Russell Keith Berry v. Bryan Lee Berry and Paula Faye Berry
03A01-9707-CH-00410
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Lewis W. May, Jr.

Plaintiff Russell Keith Berry, brought this action on behalf of himself and his grandmother. He alleged that his grandmother, Lorena Beryl Berry, is mentally incompetent and physically ill and that the defendants, his brother and sister-in-law, gained unfair advantage of her incompetency by fraudulently taking control of all her worldly possessions. The plaintiff also alleged the defendants converted his personal property while he was incarcerated. Defendants move for summary judgment. The motion was granted and the complaint dismissed. This appeal resulted. We find there are genuine issues of material fact and revers the trial court's judgment.

Carter Court of Appeals

Scenic Helicopters, Inc., Scenic Helicopter Rides , Limited, v. City of Sevierville, Tennessee
03A01-9709-CH-00439
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge Chester S. Rainwater, Jr.

This complaint sought a writ of mandamus to require the City to issue a sign permit, or, alternatively, to review the action of the City in denying the application for a permit. The Chancellor found that the action of the Board of Zoning Appeals in denying the permit was arbitrary and ordered the issuance of the permit. We affirm.

Sevier Court of Appeals

Lawrence Dixson and wife, Mary Dixson, v. Atlantic Soft Drink Company, also D/B/A Pepsi Cola Company
03A01-9709-CV-00417
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Wheeler A. Rosenbalm

At approximately 1:00 on Christmas morning of 1995, a pickup truck which had been stolen from the defendant Atlantic Soft Drink Company's business compound, crashed into the plaintiffs' residence, allegedly causing property damage and personal injury to the plaintiffs. Plaintiffs, in their complaint asserted that the defendant was negligent in leaving the keys inside the unlocked
truck and providing inadequate security for the parking lot where company vehicles were left. The plaintiffs also sought to impose liability on the defendant under the doctrine of respondeat superior. The defendant moved for summary judgment. Summary judgment was granted and the complaint dismissed. This appeal resulted. We affirm the judgment of the trial court.

Court of Appeals

W. Stephen Renfro, Jr., v. John Doe
03A01-9710-CV-00447
Authoring Judge: Per Curiam
Trial Court Judge: Judge Dale Workman

This is an appeal from a summary judgment entered i favor of Ohio Casualty Insurance Company, an unnamed party brought before the court pursuant to T.C.A. § 5 6 - 7 - 1 2 0 6 .  The question before us is whether the plaintiff, Steven Renfro, is an insured within th emeaning of Ohio Casualty's uninsured motorist (UM) policy provisions. The precise issues, whether the plaintiff, at the time of his injury, was "occupying" the covered vehicle as that term is defined in the policy under consideration. The trial court fond, on motion for summary judgment, that the plaintiff was not "occupying" the ehicle. we reverse the judgment of the trial court.

 

Knox Court of Appeals

Southland Realtors Inc., v. Tabor Construction Company, Inc., - Concurring
03A01-9710-CV-00455
Authoring Judge: Judge William H. Inman
Trial Court Judge: Judge Harold Wimberly

The trial court allowed the plaintiff a recovery of a commission for the sale of real estate. The defendant appeals, insisting that (1) the plaintiff was not a party to the sales agency contract and thus had no standing to file this action, (2) the agency contract expired before performance, (3) the plaintiff “performed no useful work,” and (4) the record “cannot support a judgment for anyone.” Each of these issues alleges that the trial court erred in failing to grant summary judgment.

Knox Court of Appeals

Harold P. Cousins, D/B/A Cousins Construction, v. MK Ferguson of Oak Ridge Company
03A01-9709-CV-00435
Authoring Judge: Senior Judge WIlliam H. Inman
Trial Court Judge: Judge James B. Scott, Jr.

This is an action to recover profits the plaintiff contractor alleges he would have made had he been allowed to construct an additional four warehouses similar in design and usage to a fifth warehouse he constructed and for which he was paid.

Court of Appeals

David E. Lind, et ux. Myra Gwinn Lind, v. Allen M. Well, Clyde N. Well, and Aster Vance Webb
03A01-9710-CH-00473
Authoring Judge: Judge Herschel P. Franks

In this boundary line dispute the defendants appeal from a judgment in favor of plaintiffs, insisting that the evidence established their right to the disputed area by adverse possession.

Knox Court of Appeals

Brown vs. Davidson
01A01-9702-CV-00049

Court of Appeals

Kizer vs. Kizer
01A01-9707-GS-00304
Trial Court Judge: Barry R. Brown

Sumner Court of Appeals

Lampley vs. Lampley
01A01-9708-CH-00423

Court of Appeals

Lampley vs. Lampley
01A01-9708-CH-00423

Court of Appeals

Reid vs. Sundquist
01A01-9709-CH-00494
Trial Court Judge: Carol L. Mccoy

Davidson Court of Appeals

Molin, M.D., et . ux. vs. Perryman Construction Co.
01A01-9705-CV-00232
Trial Court Judge: Barbara N. Haynes

Davidson Court of Appeals

Brady vs. Valentine
01A01-9707-CV-00308
Trial Court Judge: Cornelia A. Clark

Williamson Court of Appeals

Hooker vs. Thompson
01A01-9709-CH-00533
Trial Court Judge: Carol L. Mccoy

Davidson Court of Appeals

Webb vs. Mortgage Systems Corp.
01A01-9512-CH-00566
Trial Court Judge: Irvin H. Kilcrease, Jr.

Davidson Court of Appeals

Rivergate Toyota, Inc. vs. Huddleston
01A01-9602-CH-00053
Trial Court Judge: Irvin H. Kilcrease, Jr.

Davidson Court of Appeals

) Hon. Frank v. Williams, Iii,
O3A01-9708-CH-00321

Roane Court of Appeals

Bellamy vs. State
03A01-9701-BC-00035

Court of Appeals

Allstate vs. Auto
03A01-9706-CH-00225

Court of Appeals