COURT OF APPEALS OPINIONS

Reeves vs. Granite State Ins. Co.
01A01-9807-CH-00379

The Honorable Hamilton v. Gayden, Judge
01A01-9809-CV-00492
Trial Court Judge: Hamilton V. Gayden, Jr.

Jones vs. Pearl
01A01-9901-CV-00019
Trial Court Judge: Charles D. Haston, Sr.

Cashion vs. State
01A01-9903-BC-00174
Trial Court Judge: Inman

Reque vs. Monteagle Truck Plaza
01A01-9903-CV-00175

Michael Phillips vs. Morrill Electric, Inc.
03A01-9901-CH-00030

Leroy Smith v. Ronald Gourley
M2002-00044-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Tom E. Gray
The Chancery Court of Sumner County denied enforcement of a lease with an option to purchase. On appeal the lessee argues that the chancellor erred in refusing to allow a copy of the lease/option to be introduced into evidence after he testified that the original had been lost. We find that the chancellor refused to allow the lease/option into evidence because of a lack of trustworthy proof regarding its execution. Therefore, we affirm.

Department of Human Serv.: In the Matter of Kubra Satterfield
03A01-9810-JV-00341

Willie Jean Cherry Johnson, v. James Franklin Johnson
A01-9603-GS-00056
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Robert L. Childers

Plaintiff Willie Jean Cherry Johnson (Wife) appeals the trial court's judgment denying her petition to modify a final divorce decree previously entered by the court in December 1996. We affirm the trial court's judgment based upon our conclusion that the disposition of this case is controlled by this court's decision in Gilliland v. Stanley, No 0WL180587 (Tenn . App . Apr .16 , 1997)  ( no perm. app. filed ) .

01A01-9812-CH-00652
01A01-9812-CH-00652
Trial Court Judge: Robert E. Corlew, III

01A01-9903-CH-00185
01A01-9903-CH-00185
Trial Court Judge: Irvin H. Kilcrease, Jr.

01A01-9904-CH-00209
01A01-9904-CH-00209
Trial Court Judge: Ellen Hobbs Lyle

Mickey A. Brown v. Tennessee Department of Correction
01A01-9808-CH-00437
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Ellen Hobbs Lyle

A Tennessee prison inmate filed a Petition for a Declaratory Judgment, insisting that he was entitled to be immediately released because of the earlier expiration of a concurrent Florida sentence. The trial court dismissed the petition for failure to state a claim. We affirm.

Alfred Lee Mauldin v. Mark Luttrell, Warden, et al.
02A01-9902-CH-00065
Authoring Judge: Judge David R. farmer
Trial Court Judge: Chancellor D. J. Alissandratos

Alfred Lee Mauldin appeals from the order of the chancery court dismissing his petition for writ of habeas corpus on the basis that the trial court lacked subject matter jurisdiction.

Wilson County Youth Emergency Shelter, Inc. v. Wilson County and Wilson County Board of Zoning Appeals
01A01-9812-CH-00634
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor C.K. Smith

The Wilson County Board of Zoning Appeals (“the BZA”) denied the petition of Wilson County Youth Emergency Shelter, Inc. (“the Shelter”) for a use on review to construct a group home on 5.46 acres of property in Wilson County. The Shelter proposes to move its existing facility in the county to the new location. On petition for certiorari, the trial court affirmed the action of the BZA. The Shelter appeals, arguing that the BZA’s decision was illegal, arbitrary, and beyond its jurisdiction. By way of a separate issue, the Shelter argues that there is no material evidence to support the BZA’s denial of its petition.

Kevin Sanders and Patricia Sanders, v. Lincoln County and Steve Graham, Chmn of Lincoln County Commission
01A01-9902-CH-00111
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Lee Russell

Plaintiffs Kevin and Patricia Sanders appeal the trial court’s judgment which dismissed their complaint against Defendants/Appellees Lincoln County and Steve Graham, Chairman of the Lincoln County Commission, based upon the court’s rulings that the complaint failed to state an equal protection claim against the Defendants and, alternatively, that the Sanders’ equal protection claim was barred by principles of res judicata.1 We conclude that both of these rulings were in error and, thus, we reverse the trial court’s judgment and remand this cause for further proceedings consistent with this opinion.

Jane H. Ralls v. William M. Coats
01A01-9903-CH-00143
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

In this action alleging breach of contract, the Trial Judge granted the plaintiff summary judgment for damages for breach of contract in the amount of $12,180.24. Defendant has appealed.

United Agricultural Services, Inc. v. John W. Scherer, Jr.
02A01-9812-CH-00353
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor D. J. Alissandratos

This appeal involves jurisdiction under the long-arm statute. Defendant/appellant, John W. Scherer, Jr. (Scherer), appeals the order of the trial court awarding plaintiff/appellee, United Agricultural Services, Inc. (Ag Services), damages for breach of contract.

D&E Construction, Inc., v. Robert Denley Company, Inc.
02A01-9812-CH-00358
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor Walter L. Evans

This is an action to enforce an arbitration award. Plaintiff/appellant, D & E Construction Company (D&E), appeals the order of the Chancery Court vacating an arbitration award rendered against defendant/appellee, Robert J. Denley Company (Denley).

Willamette Industries, Inc., v. Tennessee Assessment Appeals Commission, Wayne County Assessor of Property, and Wayne County Trustee
O1A01-9812-CH-00639
Authoring Judge: Judge Charle D. Susano, Jr.
Trial Court Judge: Chancellor Carol L. McCoy

The petition in this case seeks judicial review of real property valuations established by a final order of the Tennessee Assessment Appeals Commission (“AAC”), a body created by the State Board of Equalization to hear “appeals regarding the assessment, classification and value of property for purposes of taxation.” T.C.A.§ 67-5-1502(a). The AAC’s order in the instant case fixed, for ad valorem tax purposes, the separate values of 15 parcels of Wayne County woodland owned by the petitioner, Willamette Industries, Inc. (“Willamette”). Upon review of the AAC’s order, the trial court held, among other things, that the appraisal methodology utilized by the AAC was not per se contrary to Tennessee law, and that the record contained substantial and material evidence to support the AAC’s valuations based upon that methodology. Accordingly, it affirmed the AAC’s order. Willamette appeals, raising the following issues for our consideration:

Michael King v. TFE, Inc.
01A01-9711-CV-00624
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Jim T. Hamilton

In this action filed against TFE, Inc. (hereafter “TFE”), Michael King appeals the trial court’s grant of summary judgment to TFE as related to King’s claims for breach of an alleged employment contract. The trial court granted TFE’s motion for summary judgment based on the court’s conclusion that an employee handbook distributed by TFE did not constitute an employment contract. For the reasons hereafter stated, we affirm the trial court’s grant of summary judgment.

Tim Taylor v. Robert L. Morris and Terry Muncey - Concurring
01A01-9804-CH-00211
Authoring Judge: Judge Farmer

Defendant Terry Muncey appeals, and Plaintiff Tim Taylor cross-appeals, the trial court’s judgment awarding Muncey $1000 in damages on his counterclaim for wrongful injunction against Taylor. We reverse the trial court’s judgment based upon our conclusion that Muncey failed to meet his burden of proving the elements of his claim for wrongful injunction.

Michael Keith Newcomb and wife Caroline Newcomb, Darden E. Davis and wife, Ann J. Davis, v, William Gonser, and wife Lois Gonser and Christopher Gonser, and wife Lisa Gonser, and Shirley Zeitlin & Company
01A01-9705-CH-00220
Authoring Judge: Judge Walter W. Bussart
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This is an appeal by plaintiffs/appellants, Michael and Caroline Newcomb and Darden and Ann Davis, from the decision of the Davidson County Chancery Court granting the motion for summary judgment filed by defendants/appellees William and Lois Gonser. The facts out of which this matter arose are as follows

James R. Tully, Jr. v. USA Wireless, Inc., PMT Investments, Inc. and Patrick M. Thompson et. al.
01A01-9707-CH-00332
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

The Chancellor granted summary judgment to the defendant on the plaintiff’s fraud claim. Because we believe the plaintiff has alleged sufficient facts to make out a claim of fraud, and the defendant has been unable to negate those allegations, we find the fraud claim inappropriate for summary judgment, and we reverse. We also find that the plaintiff has not waived his contract claim, and we remand this case to the trial court for the resolution of both claims.

Dorothy and Roger Smith v. Maury County - Concurring
01-A-01-9804-CH-00207
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge William B. Cain

The plaintiffs, a mother and her son owning adjoining farms on a rural road in Maury County, sued the county for a nuisance created when the county improved the road. The county argued that the exclusive remedy was for inverse condemnation, and that the one year statute of limitations barred the action. On appeal the county asserts, in addition to its original defense, that the damages awarded were beyond the range of reasonableness. We reverse the judgment below and remand for a new trial.