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X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX		Court of Appeals	10/31/95
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX	Hamilton	Court of Appeals	10/31/95
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX	Campbell	Court of Appeals	10/31/95
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX		Court of Appeals	10/31/95
CNL Insurance vs. Smith M1999-00198-COA-R3-CV Authoring Judge: Presiding Judge Alan E. Highers Trial Court Judge: Charles D. Haston, Sr.	Warren	Court of Appeals	10/27/95
Tammy R. Ganzevoort, v. Richard B. Russell, Martha T. Russell, and Jim Cassetty, D/B/A Cassetty Realty 01A01-9502-CV-00038 Authoring Judge: Judge Ben H. Cantrell Trial Court Judge: Judge Thomas Goodall The Circuit Court of Sumner County awarded the purchaser of a home a judgment against the sellers and their real estate agent, for deceptive practices as defined in the Tennessee Consumer Protection Act. Because we find that the evidence preponderates against a finding that the plaintiff suffered any ascertainable harm from a deceptive act, we reverse.	Sumner	Court of Appeals	10/25/95
Walter Lee Steele and Jennie Brown, Individually and as Next-of-Kin of or Guardian of Melvin Lee Steele, Deceased, v. Tennessee Jaycees, Inc., et al. 01A01-9505-CH-00214 Authoring Judge: Judge Ben H. Cantrell Trial Court Judge: Chancellor C. Allen High The Chancery Court of Davidson County granted summary judgment to the Tennessee Jaycees and the other appellees, on the ground that the statute of limitations had passed prior to the filing of the appellants' wrongful death complaint against them. Because we do not find that the discovery rule tolls the statute of limitations under the circumstances of this case, we affirm the trial court.	Davidson	Court of Appeals	10/25/95
Stones River Utilities, Inc., v. Metropoltian Government of Nashville, Davidison County, Tennessee, et al. - Concurring 01-A-01-9505-CH-00217 Authoring Judge: Judge Ben H. Cantrell Trial Court Judge: Chancellor Robert S. Brandt This is a contract dispute in which the chancellor found that the uncontradicted proof showed that the plaintiff had no cause of action for the acts alleged in the complaint. We reverse on the single ground of estoppel and remand for further proceedings on that issue alone.	Davidson	Court of Appeals	10/25/95
Gloria Keene and husband, Edward Keene, v. Cracker Barrel Old Country Store, Inc. 01A01-9505-CV-00211 Authoring Judge: Judge Samuel L. Lewis Trial Court Judge: Judge Barbara N. Haynes This is an appeal by plaintiffs/appellants, Gloria and Edward Keene, from the trial court's order granting partial summary judgment to defendant/appellee, Cracker Barrel Old Country Store, Inc. ("Cracker Barrel").	Davidson	Court of Appeals	10/25/95
William Barry Martin, v. Marny Anne Martin 01A01-9505-CV-00222 Authoring Judge: Presiding Judge Henry F. Todd Trial Court Judge: Judge Muriel Robinson In this divorce case, the defendant/wife has appealed from that portion of the divorce decree which granted to the plaintiff/husband sole custody of the daughter of the parties, aged 4 1/2 years at the time of judgment, 5 years at the present time.	Davidson	Court of Appeals	10/25/95
William Wayne Bray, v. Wanda Lee Jones Bray 01A01-9506-CV-00228 Authoring Judge: Judge Ben H. Cantrell Trial Court Judge: Judge John A. Turnbull In this case the husband has appealed the trial judge's award of $14,750 to the wife as her share of the marital property. The trial judge made the following findings: that the husband's property had increased in value during the marriage in the amount, when added to the value of some property acquired by the parties, of $34,000; that the cattle acquired by the parties had a negative value of $4,500, leaving a net value of $29,500; that the wife had made a contribution to the preservation and appreciation of the property; that the wife had a greater need than the husband; and that the husband had a greater ability to produce income in the future. Taking the net increase in the marital estate of $29,500 the trial judge then awarded half of it to the wife.	Clay	Court of Appeals	10/25/95
03A01-9506-CV-00209 03A01-9506-CV-00209		Court of Appeals	10/24/95
01A01-9505-CH-00189 01A01-9505-CH-00189		Court of Appeals	10/23/95
Michael Cantrell v. Walker Die Casting M2001-00693-COA-R3-CV Authoring Judge: Judge David R. Farmer Trial Court Judge: Lee Russell This case involves a denial of medical benefits for injuries sustained in an automobile accident. The Appellee was covered under an employee benefit plan which falls within the purview of the Employee Retirement Income Security Act of 1974 (ERISA). The trial court granted summary judgment for the Appellee as to the Appellant's liability for payment of the expenses resulting from the accident. We reverse the decision of the trial court, finding Appellee's failure to exhaust his administrative remedies prior to filing suit fatal to his cause.	Marshall	Court of Appeals	10/21/95
William M. Woodside, and Billy E. and Mary Agnita Woodside, Grandparents, v. Susan E. Woodside (Gilley) 01A01-9503-PB-00121 Authoring Judge: Presiding Judge Henry F. Todd Trial Court Judge: Judge James R. Everett This appeal arises from post-divorce decree proceedings to increase and enforce child support. On October 11, 1994, the Trial Court entered an order finding the husband guilty of willful contempt, awarded the wife judgment for $10,054 arrears child support, increased weekly payments, awarded attorneys' fees and ordered the husband to be confined in the workhouse for six months.	Davidson	Court of Appeals	10/20/95
William M. Woodside, and Billy E. and Mary Agnita Woodside, v. Susan E. Woodside (Gilley) - Concurring 01A01-9503-PB-00121 Authoring Judge: Judge William C. Koch, Jr. In 1987 the United States Supreme Court placed limits on the use of private lawyers to prosecute criminal contempt cases in federal court. Young v. United States ex rel. Vuitton et Fils, S.A., 481 U.S. 787, 107 S. Ct. 2124 (1987). This appeal calls upon us to decide whether similar limitations should be placed on the use of private lawyers to prosecute criminal contempt cases in state court. The majority has declined to adopt the reasoning of the Young decision based on an unduly narrow view of this court's responsibility. I cannot join the majority’s opinion. Instead, I would find that the resolution of this important question must await another day because the appellant has waived his right to raise the issue by failing to make a timely demand for another prosecutor in the trial court.	Davidson	Court of Appeals	10/20/95
In re: Estate of Harold L. Jenkins, Deceased, Hugh C. Carden and Donald Garis, Co-Executors/Appellees, v. Billy R. Parks 01A01-9504-CH-00135 Authoring Judge: Presiding Judge Henry F. Todd Trial Court Judge: Chancellor Tom E. Gray The claimant, Billy R. Parks, has appealed from a summary judgment of the Probate Court dismissing his claim against the captioned estate. Appellant presents the issues in the following form: 1. The Chancellor erred in ruling that Mr. Parks had no legal basis for making a claim on the theories of implied or quasi contract, or a theory of unjust enrichment of Mr. Jenkins. 2. The Chancellor erred in ruling that Mr. Parks could not recover under an implied or quasi contract theory because of the existence of an express contract between the parties.	Sumner	Court of Appeals	10/20/95
Allen D. Heflin and wife Jean LaRue Heflin, as natural parents and next-of-kin of Hugh Allen Heflin, Deceased, v. Stewart County, Tennessee, et al. - Concurring 01A01-9504-CV-00131 Authoring Judge: Judge William C. Koch, Jr. I concur with the result of the majority's opinion but add this separate opinion to state my understanding of the source and nature of the duty of prison officials to persons who are placed involuntarily in their custody.	Stewart	Court of Appeals	10/20/95
Allen D. Heflin and wife, Jean LaRue Heflin, as Natural Parents and Next-of-Kin of Hugh Allen Heflin, Deceased, v., Stewart County, Tennessee, et al. 01A01-9504-CV-00131 Authoring Judge: Presiding Judge Henry F. Todd Trial Court Judge: Judge Robert E. Burch The captioned plaintiffs have appealed from the dismissal of their suit against the defendant, Stewart County, Tennessee, arising out of the suicide of Hugh Allen Heflin in the Stewart County Jail. No complaint is made on appeal as to the summary dismissal of all other defendants. This suit is limited to damages for pain and suffering of deceased. Damages for wrongful death have been recovered in federal court.	Stewart	Court of Appeals	10/20/95
Mid-South Bank & Trust Co., V.R. Williams & Co., and Franklin County Bank, v. Paul Max Quandt Estate, Nelle S. Quandt, Jessica Quandt, Paul Quandt, Jr., and Paux Max Quandt, III 01A01-9403-CH-00107 Authoring Judge: Judge Alan E. Highers Trial Court Judge: Judge Thomas A. Greer, Jr. This appeal represents a consolidation of three actions. The first case, styled V.R. Williams & Company v. Paul M. Quandt and Nelle Quandt, is an appeal to Circuit Court from a judgment in the General Sessions Court of Franklin County finding Paul Quandt indebted to V.R. Williams & Co. in the amount of $3664.69 for past due insurance premiums. The second case, styled In Re: Estate of Paul Max Quandt, Deceased, is a probate proceeding filed in the Chancery Court of Franklin County to administer the estate of Paul Max Quandt. The only issues in the probate proceeding heard on consolidation concern creditors' claims filed against Paul Quandt's estate and the exceptions filed thereto. The third case, styled Mid-South Bank & Company, V.R. Williams & Company and Franklin County Bank v. Paul Max Quandt Estate, Nelle S. Quandt, Jessica Quandt, Paul Quandt, Jr. and Paul Max Quandt, III., is a Chancery Court action to set aside fraudulent conveyances of property owned by Paul M. Quandt Defendants/Appellants	Franklin	Court of Appeals	10/20/95
Judy Pewitt, v. Lillie Buford, A. Cliff Frensley and Williamson County, Tennessee 01A01-9501-CV-00025 Authoring Judge: Judge W. Frank Crawford Trial Court Judge: Judge Henry Denmark Bell This appeal involves a suit primarily based onthe Public Employee Political Freedom Act of 1980, T.C.A. §§ 8-50-601 - 8-50-604 (1993) (hereinafter PEPFA). Plaintiff, Judy Pewitt, appeals from the circuit court's summary judgment order dismissing Pewitt's PEPFA and retaliatory discharge claims against defendants, Lillie Buford, Cliff Frensley, and Williamson County	Williamson	Court of Appeals	10/20/95
Charles K. Newsom, v. Textron Aerostructures, a division of Avco, Inc.; and Gary L. Smith, individually 01A01-9504-CH-00151 Authoring Judge: Presiding Judge W. Frank Crawford Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr. This appeal involves a suit brought by an employee against his employer asserting that the employer's actions, in connection with the employee's demotion and subsequent termination, violated The Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634, and the Tennessee Human Rights Act (THRA), T.C.A. § 4-21-101 (1991), et. seq. The employee also alleges that the employer's actions in connection with the demotion and termination were slanderous and constituted outrageous conduct. Plaintiff employee, Charles K. Newsom, appeals from the order of the trial court granting summary judgment to defendant, Textron Aerostructures, Inc., and Gary Smith,1 and the only issue on appeal is whether the trial court erred in so doing. The pertinent facts are as follows.	Davidson	Court of Appeals	10/20/95
Maxie L. Nichols and W. Max Nichols, v. Tennessee Student Assistance Corp. 01A01-9506-CH-00247 Authoring Judge: Judge Alan E. Highers Trial Court Judge: Chancellor C. Allen High This is an appeal from the trial court's judgment in favor of Defendant on Plaintiffs' fraud and contract allegations. Appellants are William Max Nichols, maker of certain notes representing student loans, and his father, Maxie L. Nichols, who was co-maker on said notes. The Appellee is Tennessee Student Assistance Corporation (TSAC), a non-profit corporation created by the General Assembly to guarantee and administer loans made by educational institution lenders to students attending post-secondary schools in Tennessee. T.C.A. § 49-4-203(1)- (3) (1990).	Davidson	Court of Appeals	10/20/95
03A01-9505-CV-00143 03A01-9505-CV-00143 Trial Court Judge: Inman	Hamilton	Court of Appeals	10/20/95
03A01-9507-GS-00217 03A01-9507-GS-00217 Trial Court Judge: Inman		Court of Appeals	10/20/95