Contour Medical Technology, Inc., v. Flexcon Company, Inc.
01A01-9707-CH-00315
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Don R. Ash

The plaintiff, ContourMedical Technology, Inc., has appealed from a partial summary judgment dismissing that part of plaintiff’s claim against the defendant, Flexcon Company, Inc., which seeks consequential damages resulting from defects in material purchased by plaintiff from defendant. The Trial Judge directed entry of final judgment as provided by TRCP Rule 54.02.

Eli Mike, an individual, James A. Schrampfer, an individual, and Jane B. Forbes, as Trustee in bankruptcy for the estate of David L. Osborn, et al. v. Po Group, Inc., et. al.
01A01-9707-CH-00321
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

The captioned plaintiffs’ have appealed from a summary judgment dismissing plaintiffs’ actions against the corporate defendant for the value of their stock as dissenting minority shareholders and their action against the individual defendants for breach of fiduciary duty as corporate directors.

Car Connection, Inc. v. Auto Buyers, Inc.
01A01-9707-CV-00301
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Barbara N. Haynes

This suit was filed in General Sessions Court to collect a dishonored check, but was appealed to the Circuit Court where a complaint was filed stating more details of transactions involving the transfer of ownership of two automobiles, a Honda and a Chevrolet.

Batson East-Land Co, Inc., v Ronnie D. Boyd
01A01-9708-CH-00387
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Alex W. Darnell

Ronnie D. Boyd, the Assessor of Property of Montgomery County, Tennessee, appeals the trial court’s judgment which ruled that eighty-nine percent (89%) of a parcel of real property owned by Petitioner/Appellee Batson East-Land Company, Inc., was entitled to “Greenbelt” status for the tax year 1991. We conclude that the evidence does not preponderate against the trial court’s ruling and, thus, we affirm the trial court’s judgment.

Carver Plumbing Company, Inc., v. Martha Cone Beck
01A01-9708-CV-00377
Authoring Judge: Judge David R. Farmer

The appellee has filed a petition for rehearing in this cause which, after due consideration, is denied.

In re: The Estate of Harold L. Jenkins, Deceased, Hugh C. Carden and Donald W. Garis as Co-Executors of the Harold L. Jenkins Estate, v. Joni L. Jenkins and Kathy L. Jenkins
01A01-9709-CH-00500
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Thomas E. Gray

This is yet another chapter in the administration of the estate of Harold L. Jenkins, a popular entertainer whose stage name was “Conway Twitty.” The executors initiated the present proceeding to resolve disputed rights of three devises in respect to the collection from them of certain charges appearing on the records of the deceased. The Probate Court resolved the issues in favor of the executors, and two of the devises appealed.

Barbara Ann Hall and David A. Hall, v. St. Thomas Hospital\, Rachel Kaiser, M.D., and Daniel L. Starnes, M.D.
01A01-9709-CV-00504
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Barbara N. Haynes

This is a medical malpractice suit in which the plaintiffs have appealed from a summary
judgment in favor of all defendants.

Lunn Real Estate Investments, v. Boiler Supply Company, Incorporated
01A01-9704-CV-00191
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

This case involves a contractual dispute between the lessor and lessee of certain commercial property. The appellant, Lunn Real Estate Investments, Inc. (Lunn), leased the subject premises to the appellee, Boiler Supply Company, pursuant to an agreement executed by the parties on January 1, 1989. On August 31, 1995, Lunn served Boiler Supply with written notice that it was requiring the latter to vacate the premises by October 1, 1995.1 On October 5, 1995, Lunn filed a detainer action in the general sessions court seeking possession of the property. By order entered April 19, 1996, the court found the claim for possession moot due to Boiler Supply’s vacating of the premises on November 30, 1995, but awarded Lunn a judgment for two months holdover rent plus attorney’s fees.2 Lunn appealed the decision to circuit court where, after a hearing, a judgment was entered for Lunn for $17,790. Lunn now appeals from that decision to this Court requesting additional compensatory damages, due to Boiler Supply’s alleged failure to maintain the premises in accordance with the contract, and attorney’s fees. For the reasons set forth below, we affirm.

State of Tennessee, v. Gary Lewis Thompson
03C01-9703-CR-00105
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge R. Steven Bebb

The appellant, Gary Lewis Thompson, was indicted by a Monroe County Grand Jury for the offense of vehicular homicide, driving under the influence, third offense, and driving on a revoked license. On July 22, 1996, the appellant pled guilty to DUI, third offense, with the sentence to be determined by the trial court. Prior to the guilty plea hearing, the State moved to nolle pros the vehicular homicide charge, which was granted. Additionally, the trial court, upon appellant’s motion, dismissed the charge of driving on a revoked license. Immediately following entry of the guilty plea, the State, for the first time, requested seizure and forfeiture of the appellant’s John Deere tractor, which he was operating at the time the DUI offense occurred. Following a sentencing hearing on September 6, 1996, the trial court imposed a sentence of eleven months twenty-nine days in the county jail and assessed a fine of $7,500 for the DUI, third offense conviction. The appellant’s release percentage was fixed at 75%. The trial court also ordered that the farm tractor be “confiscated” from the appellant’s possession and forfeited to the State. On November 8, 1996, the written order to seize and forfeit the tractor was entered. The appellant appeals from the trial court’s judgment pursuant to Tenn. R. Crim. P. 37(b)(2)(ii), raising the following two issues: I. Whether the period of confinement in the jail is excessive; and II. Whether § 55-10-403(k)(1) properly authorizes forfeiture of his tractor.

Bill McMurry v. Hancock County Election Commission, John Knox Walkup, Attorney General of Tennessee, et al. - Concurring
03A01-9804-CH-
Authoring Judge: Judge William H. Inman
Trial Court Judge: Chancellor William Dale Young

The appellant, a nonlawyer, was elected to the office of General Sessions Judge of Hancock County in the August 1990 general election.

State of Tennessee vs. Darrell Braddock
02C01-9707-CR-00279
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Carolyn Wade Blackett

On Septem ber 12, 1996, a Shelby County jury found Appellant, Darrell E. Braddock, guilty of first degree felony m urder, criminal attem pt: to wit especially aggravated robbery, criminal attempt: to wit murder in the first degree, and two counts of aggravated assault. Appellant appeals from his convictions, raising two issues:

1) whether the evidence presented at trial was leg ally sufficient to support the jury’s verdict; and
2) whether the trial court erred in allowing the State, because of the victim ’s family’s feelings, to withdraw its offer of a plea bargain.

After a review of the record, the judgment of the trial court is affirmed.

Jeff Hubrig v. Lockheed-Martin Energy Systems, Inc., Linc Hall, Individually; Larry Pierce, Individually, and Jim Kolling, Individually
03A01-9711-CV-00525
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge James B. Scott

The plaintiff describes himself as a whistle blower, as that term has come to be used, and seeks damages for his termination from employment because he allegedly refused to participate in and keep silent about certain allegedly illegal corporate activities. The allegations were denied by the defendants whose motion for summary judgment was granted. The plaintiff appeals and presents for review the issues of (1) whether he was terminated for time card abuse and sexual harassment or whether these reasons were pretextual, (2) whether a common law cause of action for retaliatory discharge remains viable in this jurisdiction, and (3) whether his termination constituted outrageous conduct by the defendants. Our review of the findings of fact made by the trial Court is denovo upon the record of the trial Court, accompanied by a presumption of thecorrectness of the finding, unless the preponderance of the evidence is otherwise. TENN. R. APP. P., RULE 13(d). See, Byrd v. Hall, 847 S.W.2d 208 (Tenn. 1993). We will refer to the plaintiff as Hubrig, or as the appellant, or as the plaintiff. This record is unusually prolix; prima facie, it appeared to reflect a trial by affidavit, an impermissible use of RULE 56, see: Womack v. Blue Cross- Blue Shield, 593 S.W.2d 294 (Tenn. 1980), but an in-depth analysis reveals that the trial court correctly held that the totality of the evidence demonstrates the absence of a genuine issue of fact or law. We therefore affirm the judgment.

State of Tennessee vs. William Robert Diaz
03C01-9610-CC-00375
Authoring Judge: Judge William M. Barker
Trial Court Judge: Judge James B. Scott, Jr.

The appellant, William Robert Diaz, appeals as of right the convictions and sentences he received in the Criminal Court of Anderson County. After a jury trial, the appellant was convicted of second degree murder and attempted second degree murder and was sentenced as a Range I standard offender to twenty-two (22) years for the murder and to twelve (12) years for attempted murder.1 The sentences were ordered to be served concurrently.

03A01-9901-CH-00015
03A01-9901-CH-00015

State vs. Jesse James Gilbert
03C01-9707-CC-00269
Trial Court Judge: Ben W. Hooper, II

Ronnie Erwin v. Moon Products
M2002-00877-COA-R9-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: J. B. Cox
This is an appeal from a denial of an application to compel arbitration. For the following reasons, we affirm the court below.

State vs. Mario Boyd
02C01-9703-CR-00110

State vs. Pam Davis
02C01-9704-CC-00139

Regan vs. Malone
03A01-9707-CH-00281

Jerry Cunningham vs. Baker, et al
02A01-9712-CV-00299

Russell vs. Crutchfield
03A01-9708-CV-00329

McClellan vs. Stanley
03A01-9708-CV-00343

DHS vs. Epps
03A01-9710-JV-00485

Greene vs. Evans
03A01-9710-PH-00487

City of Blaine vs. Hayes
03A01-9711-CH-00520