COURT OF APPEALS OPINIONS

Adcox & Graef vs. SCT Products
01A01-9703-CV-00123
Trial Court Judge: James E. Walton

Robertson Court of Appeals

Brown vs. Baird
01A01-9704-JV-00148
Trial Court Judge: David Loughry

Rutherford Court of Appeals

Christenberry vs. Nelson
03A01-9701-CV-00039

Court of Appeals

Ballard vs. Wetzel
03A01-9705-CH-00189

Court of Appeals

Patricia Gunby/Janice Hamil vs. The Equitable Life Assur.
02A01-9606-CH-00140
Trial Court Judge: C. Neal Small

Shelby Court of Appeals

Walter Walsh vs. BA Inc. Medical Serv.
02A01-9703-CH-00051
Trial Court Judge: Floyd Peete, Jr.

Shelby Court of Appeals

02a01-9704-CV-00090
02a01-9704-CV-00090
Trial Court Judge: Joseph H. Walker, III

Tipton Court of Appeals

Wheeler v. City of Maryville, 203 S.W.2D 924, 926, 29 Tenn. App. 318, 321-22 (1947). Here, The
02A01-9704-CV-00090

Tipton Court of Appeals

Elmer Sides vs. Peggy Sides
02A01-9611-CV-00277
Trial Court Judge: Robert A. Lanier

Shelby Court of Appeals

Betty Berryhill vs. Charles Rhodes
02A01-9701-JV-00011

Court of Appeals

Betty Berryhill vs. Charles Rhodes
02A01-9701-JV-00011
Trial Court Judge: Kenneth A. Turner

Shelby Court of Appeals

Cooner vs. Cooner
01A01-9701-CV-00021
Trial Court Judge: Muriel Robinson

Davidson Court of Appeals

Tuttle vs. Tuttle
01A01-9512-CV-00546
Trial Court Judge: Gerald L. Ewell, Sr.

Coffee Court of Appeals

Bernard and Bernard vs. Houston Ezell Corp. et al
01A01-9701-CH-00015
Trial Court Judge: Cornelia A. Clark

Williamson Court of Appeals

Cooner vs. Cooner
01A01-9701-CV-00021

Davidson Court of Appeals

Family Golf of Nashville, Inc. vs. Metropolitan Gov't.
01A01-9612-CH-00557
Trial Court Judge: Irvin H. Kilcrease, Jr.

Davidson Court of Appeals

Horace A. LaRue, and Carla LaRue, Parents and next of kin of Randall Charles LaRue, Deceased., v. 1817 Lake Incorporated, D/B/A Bonkers, Howard Tannenbaum, Ricky Chambers, Robert Archer, and Danny G. Brewer
03A01-9702-CV-00053
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Wheeler Rosenbalm

This case arises from a motorcycle accident in which Randy LaRue, the 20-year old son of the plaintiff's, was killed. Plaintiff's sued 1817 Lake, Inc., D/B/A/ Bonkers, a Knoxville restaurant and bar, and Howard Tannenbaum, presidetn of 1817 Lake Inc., alleging that the defendant negligently and unlawfully served Randy and his companion, defendant Danny Brewer, alcoholic beverages on the evening of the accident. Plaintiffs also sued Robert Archer, the bartender who allegedly provided LaRue and Brewer with the drinks, and Ricky Chambers, the doorman on duty at Bonkers that night. The remaining defendant, Danny G. Brewer was the operator of the motor cycle at the time of the accident which resulted in Randall Charles LaRues, death.

Knox Court of Appeals

James C. Hise, Jr. and wife, Brenda L. Hise, State of Tennessee, Department of Transportationm Bruce Saltsman, Commissioner
02A01-9701-CV-00023
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Kay S. Robilio

James C. Hise, Jr. and wife, Brenda L. Hise sued the State of Tennessee, the Department of Transportation and its commissioner for damages in an inverse condemnation action. The complaint alleges that, after conveying a portion of their property to the state, they learned that the project adversely impacted their commercial property. The defendants filed a motion to dismiss on the basis of sovereign immunity. The motion was granted and the plaintiffs appealed.

Shelby Court of Appeals

Amberjack Ltd., Inc., D/B/A Nonconnah Corporate Center, v. Fred Thompson, Individually, and D/B/A Thompson Quality Management, Inc., et al.
02A01-9512-CV-00281
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge James E. Swearengen

This lawsuit involves the breach of a lease agreement. The corporate lessee vacated the premises and stopped paying rent; consequently, the lessor filed suit. The trial court found the lessee in breach of the lease, but found the lease agreement unconscionable, held that the lessor failed to mitigate its damages, and held that the president of the corporate lessee could not be held personally liable. We affirm the trial court’s finding of a breach, but reverse its remaining findings and award the lessor damages for the entire term of the lease.

Shelby Court of Appeals

Outdoor Source, Inc., v. Outdoor Entertainment, Inc.
01-A-01-9702-CH-00053
Authoring Judge: Presiding Judge Henry F. Todd

This court entered an order on 13 August 1997 in the above styled case. Defendant/appellee, Outdoor Entertainment, Inc. (“OEI”), filed a petition for rehearing on 25 August 1997. It is the opinion of this court that the petition should be denied.

Court of Appeals

James O. Wright, Jr., v. Kathy Wright (Stovall)
01A01-9701-CV-00040
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Muriel Robinson

This is a child custody case. The parties had entered into a Marital Dissolution Agreement in which they had joint custody of the minor child. After the father’s remarriage, both the mother and father filed petitions seeking custody. The father now appeals the trial court’s order awarding sole custody of the parties’ child to the mother. We affirm.

Davidson Court of Appeals

Nancy Renee McReynolds (Delbridge) v. Robert Irving McReynolds
01A01-9702-CH-00064
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Tyrus H. Cobb

NancyReneeMcReynolds Delbridge (Mother) appeals the trial court’s order denying
her counterpetition to modify the joint custody arrangement previously agreed to by the
parties and set forth in their final divorce decree. For the reasons stated hereinafter, we
affirm the trial court’s judgment.

Bedford Court of Appeals

Deborah Murray, Administrator Ad Litem of the estate of Terrance Murray and as Next of Kin of Terrance Murray, v. Jeremy A. Bryant, LilliaMn Bryant-Miller, Kathy Herbst, Charllie Herbst and Metro Govt of Nashville, et al.
01A01-9704-CV-00146
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge Barbara N. Haynes

This is an action for damages against the Metropolitan Government and other Defendants, alleging that they are liable for the death of Plaintiff’s son, Terrance Murray, who was shot and killed by a fellow student while attending J. T. Moore Middle School in Nashville, Tennessee, on April 21, 1994.

Davidson Court of Appeals

Whitney Stegall v. Dottie Lou Pryor, Benton M. Mason Jr., Hugh Burton Mason, et al. - Concurring
01A01-9704-PB-00147
Authoring Judge: Judge William H. Inman
Trial Court Judge: Chancellor Tom E. Gray

V. R. Mason died testate on October 29, 1995. The executor, Richard F. LaRoche, Jr., propounded the will for probate; in the ease of language it provided for the payment of debts and taxes and created a trust for a family cemetery, with the remainder to pass under the laws of intestate succession.

Rutherford Court of Appeals

Jordan Bair, Minor B/N/F and Parent, Mark Baird, v. John Doe
01A01-9610-CV-00471
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Leonard W. Martin

 

This matter appears appropriate for consideration pursuant to Rule 10(a) of the Rules of the Court of Appeals of Tennessee.1

Dickson Court of Appeals