COURT OF APPEALS OPINIONS | Tennessee Administrative Office of the Courts

County

Authoring Judge

Originating Judge

Date Filter

Case Number

Case Name

Keyword Search

Sort by

Order

Dixie Millburn Selby, v. Landon Selby - Dissenting 01A01-9604-CH-00159 Authoring Judge: Judge William C. Koch, Jr. I concur with the court’s conclusion that the increase during the marriage of the equity in Ms. Selby’s six Glaze Court duplexes is marital property. However, I have prepared this separate opinion to address an issue concerning the valuation of this marital property that is not addressed in the main opinion. Since the trial court undervalued this interest, I would remand the case for further proceedings.		Court of Appeals	12/06/96
Dixie Millburn Selby, v. Landon Selby - Dissenting 01A01-9604-CH-00159 Authoring Judge: Judge William C. Koch, Jr. I concur with the court’s conclusion that the increase during the marriage of the equity in Ms. Selby’s six Glaze Court duplexes is marital property. However, I have prepared this separate opinion to address an issue concerning the valuation of this marital property that is not addressed in the main opinion. Since the trial court undervalued this interest, I would remand the case for further proceedings.	Rutherford	Court of Appeals	12/06/96
Freddy Lee Jones v. Michael Greene, Commissioner Tennessee Department of Safety 01A01-9505-CH-00187 Authoring Judge: Judge William C. Koch, Jr. Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr. This appeal involves over $45,000 seized during the search of a house in Memphis for illegal drugs. After the Commissioner of Safety ordered the forfeiture of the money, the person claiming the funds filed a petition for review in the Chancery Court for Davidson County asserting that the forfeiture statutes deprived him of his constitutional right to a jury trial and violated the Equal Protection and Due Process Clauses of the United States and Tennessee Constitutions. The trial court upheld the forfeiture statutes and the forfeiture, and this appeal followed. We have determined that Tennessee’s forfeiture statutes are constitutional and that the record contains substantial and material evidence supporting the commissioner’s forfeiture order. Accordingly, we affirm the judgment.	Davidson	Court of Appeals	12/04/96
Allen D. Curtis, and Carolyn June Rice, v. William M. Rice, and Rice & Papuchis Construction Company, Inc. 01A01-9605-CH-00211 Trial Court Judge: Tom E. Gray This is an appeal by plaintiffs/appellants, Allen D. Curtis and his wife, Carolyn June Curtis, from a decision of the chancery court which dissolved the partnership formed between Curtis and defendant/appellee, William M. Rice, and which distributed the partnership's assets.1 The facts out of which this matter arose are as follows.	Sumner	Court of Appeals	12/04/96
Colemill Enterprises, Inc., v. Joe Huddleston, Commissioner of Tennessee Department of Revenue 01A01-9605-CH-00218 Authoring Judge: Judge Samuel L. Lewis Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr. This is an appeal by plaintiff/appellant, Colemill Enterprises, Inc. ("Colemill"), from a decision of the chancery court which affirmed the determination of defendant/appellee, Joe Huddleston, Commissioner of the Tennessee Department of Revenue ("Commissioner"), that Colemill owed certain state and local sales and use taxes. The facts out of which this matter arose are as follows.	Davidson	Court of Appeals	12/04/96
Elizabeth Ann Boutin, v. Francis John Boutin 01A01-9601-CH-00014 Authoring Judge: Judge William C. Koch, Jr. Trial Court Judge: Judge Henry Denmark Bell This appeal involves a provision in a marital dissolution agreement requiring the father to prepay his child support. Upon discovering that one of his children had decided not to complete high school, the father stopped paying the agreed amount of child support and filed a petition to terminate his child support obligation on the ground that the prepayment agreement was premised on the children’s continued enrollment in high school. The Chancery Court for Williamson County denied the petition, and the father perfected this appeal. We have determined that the trial court correctly enforced the amended marital dissolution agreement and accordingly affirm the judgment as modified herein.	Williamson	Court of Appeals	12/04/96
Cynthia Albright v. Joseph L. Mercer, III 01A01-9607-CH-00333 Authoring Judge: Judge Samuel L. Lewis Trial Court Judge: Judge Henry Denmark Bell This is an appeal by defendant/appellant, Joseph L. Mercer, III, from a decision of the Chancery Court for Williamson County awarding plaintiff/appellee, Cynthia Albright, attorney's fees of $1,000.00.	Williamson	Court of Appeals	12/04/96
Rainbo Baking Company of Louisville, a Delaware Corporation, v. Release Coatings of Tennessee, Inc. 02A01-9510-CH-00223 Authoring Judge: Senior Judge Hewitt P. Tomlin Trial Court Judge: Chancellor D. J. D'Allisandratos Rainbo Baking Company of Louisville (“Rainbo”) filed suit in the Chancery Court of Shelby County against Release Coatings of Tennessee, Inc. (“Release”) seeking compensatory damages from Release for damages allegedly sustained by Rainbo as a result of the improper straightening of a large quantity of baking pans used by it in its bakery business. The suit contained a count in negligence and a count in breach of contract. Release filed a counter-claim seeking to recover from Rainbo the balance due it for work performed. Following a bench trial, the court issued an opinion from the bench. In this opinion the court found that upon the evidence presented, Release was liable to Rainbo. However, the court specifically stated that it did not find that Rainbo had carried its burden of proof as to damages. The court ordered a reference to the Master to give Rainbo an opportunity to present additional proof as to damages, with Release being given an opportunity to present countervailing proof if desired. Following the Master’s hearing, a report was submitted to the chancellor in which the value of Rainbo’s pans was stated. The Master’s report was affirmed and judgment entered thereon in favor of Rainbo. The chancellor dismissed the counterclaim of Release against Rainbo. Release has raised three issues on appeal: did the 2 chancellor err in: (1) awarding a judgment against Release when Rainbo failed to prove its case; (2) the manner of determining the amount of damages sustained by Rainbo; and (3) failing to find for Release on its counter-claim. For the reasons hereinafter stated, we modify and affirm the trial court.	Shelby	Court of Appeals	12/03/96
Sandra L. Garfinkel, v. Charles Leonard Garfinkel 02A01-9511-CH-00265 Authoring Judge: Judge Holly Kirby Lillard Trial Court Judge: Chancellor John Walton West This is a divorce case in which the trial court awarded custody of the parties’ minor children to Plaintiff/Appellee, Sandra Garfinkel (Wife), with standard visitation to Defendant/Appellant, Charles Garfinkel (Husband). Husband was ordered to pay child support and rehabilitative alimony for a period of one year. The trial court also held that Wife had not established any appreciation in the value of Husband’s separate property during the course of the marriage. Husband appeals the trial court’s rulings on child custody, child support and alimony. Wife appeals the trial court’s decision regarding Husband’s separate property. We affirm on all issues.	Henry	Court of Appeals	12/03/96
Debbie VanCleave, v. Matthew Markowski and Diane Markowski 02A01-9602-CV-00035 Authoring Judge: Judge Holly Kirby Lillard Trial Court Judge: Judge Whit A. Lafon This matter appears appropriate for consideration pursuant to Rule 10(b) of the Rules of the Court of Appeals of Tennessee.	Madison	Court of Appeals	12/02/96
01A01-9510-CV-00456 01A01-9510-CV-00456 Trial Court Judge: Walter C. Kurtz	Davidson	Court of Appeals	11/27/96
01A01-9605-CH-00204 01A01-9605-CH-00204 Trial Court Judge: Ellen Hobbs Lyle	Davidson	Court of Appeals	11/27/96
01A01-9606-CH-00254 01A01-9606-CH-00254 Trial Court Judge: Robert S. Brandt	Davidson	Court of Appeals	11/27/96
01A01-9606-CH-00285 01A01-9606-CH-00285 Trial Court Judge: Allen W. Wallace	Cheatham	Court of Appeals	11/27/96
01A01-9603-CH-00128 01A01-9603-CH-00128 Trial Court Judge: William B. Cain	Maury	Court of Appeals	11/27/96
01A01-9606-CV-00270 01A01-9606-CV-00270 Trial Court Judge: Thomas Goodall	Sumner	Court of Appeals	11/27/96
01A01-9608-CH-00363 01A01-9608-CH-00363		Court of Appeals	11/27/96
01A01-9608-CH-00365 01A01-9608-CH-00365		Court of Appeals	11/27/96
Brenda Bailey Loyd, v. Wendell Ray Loyd 02A01-9504-CH-00084 Authoring Judge: Judge Holly Kirby Lillard Trial Court Judge: Chancellor Joe C. Morris This case involves contempt proceedings brought against Wendell Ray Loyd (“Husband”) by Brenda Bailey Loyd (“Ex-Wife”) for failure to pay alimony. The trial court found that Husband did not have the present ability to pay and therefore could not be incarcerated for contempt. We reverse and remand for further proceedings.	Madison	Court of Appeals	11/25/96
City State Bank and the Bank of Sharon v. Dean Witter Reynolds, Inc. a Delaware Corporation, and Hank Franck 02A01-9504-CV-00073 Authoring Judge: Judge J. Alan Highers Defendants have filed a petition to rehear which, after due consideration, is respectfully denied.	Jackson	Court of Appeals	11/25/96
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX	Sevier	Court of Appeals	11/22/96
03A01-9603-CV-00080 03A01-9603-CV-00080	Scott	Court of Appeals	11/22/96
03A01-9606-CH-00186 03A01-9606-CH-00186	Monroe	Court of Appeals	11/22/96
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX		Court of Appeals	11/21/96
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX		Court of Appeals	11/21/96