APPELLATE COURT OPINIONS

Hutton vs. Johnson

01S01-9705-CH-00101

Originating Judge:James L. Weatherford
Giles County Supreme Court 11/17/97
State vs. Charles A. Pinkham, Jr.

02S01-9611-CR-00096
Supreme Court 11/17/97
State vs. Jerry Cooper

01C01-9604-CC-00150

Originating Judge:W. Charles Lee
Lincoln County Court of Criminal Appeals 11/17/97
State vs. Jerry Cooper

01C01-9604-CC-00150

Originating Judge:W. Charles Lee
Lincoln County Court of Criminal Appeals 11/17/97
Charter Oak Fire Ins. Co. v. Lexington Ins. Co.

M2002-01752-COA-R3-CV
On November 16, 1997, a fire destroyed a Chili's Restaurant ("Chili's") in Nashville, Tennessee. At the time of the fire, the premises were owned and operated by RMR Investments and Gower Center, Ltd. ("RMR/Gower") and leased to Chili's. Under a 20-year lease agreement, Chili's agreed to insure the improvements against loss or damage by fire and other casualties and to insure against property damage and public liability arising out of occurrences on the premises. RMR/Gower was to be named as a loss payee or additional insured under the insurance policies obtained by Chili's. According to the lease, in the event the premises and/or the improvements were destroyed by fire or other casualty, Chili's had the option to terminate the lease, and all insurance proceeds were to be paid to RMR/Gower, except for the portion payable to Chili's for loss of personal property. Pursuant to the lease agreement, Chili's obtained insurance coverage through Lexington Insurance Company ("Lexington"). The certificate of insurance dated December 5, 1997 listed RMR/Gower as certificate holder and named RMR/Gower as additional insured. After the fire, Chili's elected to terminate the lease agreement due to the condition of the premises. Lexington paid the proceeds for the loss of the building to RMR/Gower, less amounts paid to Chili's for loss of personal property. RMR/Gower submitted an additional claim for damages it incurred for the loss of rental income and other charges it would have otherwise collected from Chili's. This claim was denied by Lexington. RMR/Gower then submitted a claim to its insurer Charter Oak Fire Insurance Company ("Charter Oak") for the loss of rental income, which Charter Oak paid. After Lexington refused to reimburse Charter Oak for the amounts it paid RMR/Gower for the loss of rental income, Charter Oak filed suit against Lexington for breach of contract under the theory of third party beneficiary. Parties filed cross motions for summary judgment. On June 26, 2002, the trial court granted Lexington's summary judgment motion and denied Charter Oak's motion. Notice of this appeal soon followed. For the reasons set forth below, the order of the trial court is reversed in part and affirmed in part.
Authoring Judge: Judge Don R. Ash
Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 11/16/97
Thomas v. White

01A01-9610-CH-00479

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 11/14/97
Nelson vs. The Application Group

01A01-9703-CV-00137

Originating Judge:Walter C. Kurtz
Court of Appeals 11/14/97
Holloway vs. Collier, Jr.

01A01-9704-CV-00153

Originating Judge:William B. Cain
Maury County Court of Appeals 11/14/97
State of Tennessee Department of Human Services, v. Sylvia Fetterolf Ford, and Stanley Fetterolf

01A01-9704-JV-00171

This is an appeal by respondents/appellants, Stanley Fetterolf and Sylvia Fetterolf Ford, from a decision of the Putnam County Juvenile Court terminating their parental rights. Ms. Ford argues petitioner/appellee, State of Tennessee Department of Human Services (“Department”), filed its petition for termination of parental rights in the wrong court and contends the proper venue was the Overton County Juvenile Court which had handled the initial custody proceedings.1 The pertinent facts are as follows.

Authoring Judge: Judge Walter W. Bussart
Originating Judge:Judge John Hudson
Putnam County Court of Appeals 11/14/97
Fetterolf vs. Fetterolf

01A01-9704-JV-00171

Originating Judge:John P. Hudson
Putnam County Court of Appeals 11/14/97
Kitsie Hendrix vs. James Cox, et al

02A01-9510-CV-00233

Originating Judge:Wyeth Chandler
Shelby County Court of Appeals 11/14/97
Nelson vs. The Application Group

01A01-9703-CV-00137
Court of Appeals 11/14/97
State vs. Robbie James

01C01-9609-CR-00388
Davidson County Court of Criminal Appeals 11/14/97
Holloway vs. Collier, Jr.

01A01-9704-CV-00153

Originating Judge:William C. Koch
Court of Appeals 11/14/97
Jones vs. Rudolph

01A01-9611-CH-00513

Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 11/14/97
Susie Buchanan vs. Memphis Light, etc.

02A01-9610-CV-00245

Originating Judge:James E. Swearengen
Shelby County Court of Appeals 11/14/97
Harris Hughes Jr. vs. TN Seeds, et al

02A01-9611-CV-00290

Originating Judge:Dick Jerman, Jr.
Haywood County Court of Appeals 11/14/97
State vs. Carlos Coman

02C01-9611-CC-00412

Originating Judge:Whit A. Lafon
Madison County Court of Criminal Appeals 11/14/97
City of Memphis vs. Civil serv. Comm., et al

02A01-9607-CH-00158

Originating Judge:C. Neal Small
Shelby County Court of Appeals 11/14/97
William Boyle vs. Virginia Thomas

02A01-9601-CV-00022

Originating Judge:Robert A. Lanier
Shelby County Court of Appeals 11/14/97
Gary Mayes vs. State

01C01-9704-CR-00137

Originating Judge:Thomas T. Woodall
Davidson County Court of Criminal Appeals 11/14/97
Walter Wills vs. Ray Gill

02A01-9607-CH-00150

Originating Judge:D. J. Alissandratos
Shelby County Court of Appeals 11/14/97
Mississippi Farm Mutual vs. Latonia & Thomas Jones

02A01-9607-CV-00151

Originating Judge:George H. Brown
Shelby County Court of Appeals 11/14/97
State vs. Michael Ware

02C01-9610-CR-00354
Shelby County Court of Criminal Appeals 11/14/97
O.W. Winsett v. Paul Orr and Mary Orr

02A01-9605-CH-00100

This case involves the alleged breach of an oral contract for the construction of a home. The trial court granted the builder summary judgment. Because some genuine issues of material fact exist, we affirm in part, reverse in part, and remand.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Floyd Peete, Jr.
Shelby County Court of Appeals 11/14/97