APPELLATE COURT OPINIONS

State vs. Willie Dockins

W1998-00354-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Joseph B. Brown
Shelby County Court of Criminal Appeals 01/26/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Greene County Court of Appeals 01/26/96
William B. Pevear and Rebecca Pevear v. Evans Hunt, Annie Irene Hunt and Metropolitan Government

01A01-9505-CH-00184

This appeal involves a boundary line dispute between two neighbors. The Appellants, William and Rebecca Pevear, and the Appellees, Evans and Irene Hunt, own real estate which is separated by an alley which is owned by the Metropolitan Government of Nashville and Davidson County.
 

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Chancellor C. Allen High
Davidson County Court of Appeals 01/24/96
State, ex rel, Lorretta Head Overstreet v. Paul Daniel King - Concurring

01-A-01-9507-CH-00309

The only issue raised in this paternity action is whether there is any material evidence to support the jury's verdict that the appellant was the father of the child. We affirm.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge C. K. Smith
Smith County Court of Appeals 01/24/96
The Travelers Insurance Company, v. Maudine Y. Lancaster Webb and Vicky Austin Lancaster

01A01-9508-CH-00379

The Travelers Insurance Company ("Travelers") filed an interpleader in the Chancery Court for Davidson County. It alleged that both defendant/appellee, Maudine Y. Lancaster Webb ("Ms. Webb"), and defendant/appellant, Vicky Austin Lancaster ("Mrs. Lancaster"), claimed the proceeds of an insurance policy which covered the life of decedent, Charles S. Lancaster.

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Chancellor Robert S. Brandt
Davidson County Court of Appeals 01/24/96
01A01-9508-CH-00373

01A01-9508-CH-00373

Originating Judge:Allen W. Wallace
Cheatham County Court of Appeals 01/24/96
01A01-9508-CH-00373

01A01-9508-CH-00373

Originating Judge:Allen W. Wallace
Cheatham County Court of Appeals 01/24/96
A.J. Hall, Inc., v. Federated Mutual Insurance Company

01A01-9508-CH-00369

The plaintiff, A. J. Hall, Inc., has appealed from the summary dismissal of a part of its suit against the defendant, Federated Mutual Insurance Company. The Trial Court expressly directed the entry of final partial judgment as permitted by T.R.C.P. Rule 54.02.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Chancellor C. K. Smith
Wilson County Court of Appeals 01/24/96
Guy Alexander, Jr., Royce Taylor, and Skyline Apartments Partnership v. Third National Bank

01S01-9411-CV-00147

This case presents for review the decision of the Court of Appeals sustaining the defendant's motion for summary judgment on the ground the suit is barred by the three year statute of limitations. This Court finds the essential cause of action alleged is breach of contract rather than injury to property and, therefore, the applicable limitation period is six years rather than three years.

Authoring Judge: Justice Lyle Reid
Originating Judge:Judge Barbara N. Haynes
Davidson County Supreme Court 01/22/96
03C01-9402-CR-00047

03C01-9402-CR-00047

Originating Judge:Joseph F. Dirisio
Hamilton County Court of Criminal Appeals 01/22/96
01S01-9502-CV-00029

01S01-9502-CV-00029
Supreme Court 01/22/96
03S01-9404-CV-00019

03S01-9404-CV-00019
Supreme Court 01/22/96
01S01-9502-CV-00029

01S01-9502-CV-00029
Supreme Court 01/22/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX

Originating Judge:Harold Wimberly
Supreme Court 01/22/96
03C01-9504-CR-00123

03C01-9504-CR-00123
Anderson County Court of Criminal Appeals 01/19/96
State of Tennessee, v. Jacob Kyle Tipton

01A01-9510-CV-00445

This case presents what is purportedly an appeal under Tennessee Rule of Criminal Procedure 37(b). The issue of law involves a juvenile's plea of guilty to delinquency in the Circuit Court of Dickson County.

Authoring Judge: Judge Samuel E. Lewis
Originating Judge:Judge Robert E. Burch
Dickson County Court of Appeals 01/19/96
Charles N. Delattie v. South Mark Realty Partners, LTD., d/b/a Hickory Lake Apartment Community - Concurring

01A01-9504-CV-00141

Charles N. Delatte ("plaintiff") filed suit in the Circuit Court of Davidson County against South Mark Realty Partners, Ltd. ("defendant") seeking damages for injuries sustained by him when a metal hand railing on a stairway in the common area of defendant's apartment complex collapsed, causing him to fall.  The trial court granted defendant's motions for  summary judgment. The sole issue presented by this appeal is whether the trial court was in error in so doing. For the reasons herein set forth, we find no error and affirm.

Authoring Judge: Judge Hewitt Tomlin
Originating Judge:Judge Barbara N. Haynes
Davidson County Court of Appeals 01/19/96
Tom and Karen Moore, v. Lloyd A. Walwyn, M.D. - Dissenting

01A01-9507-CV-00295

Both the trial court and the majority of this panel have decided that Tom and Karen Moore are not entitled to a jury trial on their medical malpractice claim against Dr. Lloyd A. Walwyn because of shortcomings in the affidavits they filed in opposition to Dr. Walwyn’s motion for summary judgment. While I do not relish defending sloppy lawyering, I am convinced that my colleagues have scrutinized the Moores’ counter-affidavits using standards stricter than those required by Tenn. R. Civ. P. 56.05 and Tenn. Code Ann. § 29-26-115 (1980). I would vacate the summary judgment because the counter-affidavits demonstrate the existence of genuine and material factual issues that only a jury should resolve.
 

Authoring Judge: Judge William C. Koch, Jr.
Williamson County Court of Appeals 01/19/96
Benny Smith, ET UX, Geraldine Smith v. Bobbie Jo Smith (McClintock) - Concurring

01-A-01-9508-CH-00354

The captioned respondent has appealed from an order entered by the Trial Court regulating visitation of the two children of respondent with the captioned petitioners, parents of respondent's deceased husband. Respondent-mother has remarried, and her husband, David McClintock, has adopted the children. However, he is not a party to this proceeding.

Authoring Judge: Judge Henry F. Todd
Originating Judge:Chancellor Vernon Neal
Overton County Court of Appeals 01/19/96
State vs. Michael South

02C01-9701-CR-00029
Shelby County Court of Criminal Appeals 01/18/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Knox County Court of Appeals 01/18/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Hamilton County Court of Appeals 01/18/96
Blake Weber, v. Jack Moses, Individually and Jeffson Pilot Life Ins. Co.

02A01-9407-CH-00173

Plaintiff-Appellant Blake Weber brought suit against the Defendants-Appellees, Jack Moses and Jefferson Pilot LIfe Insurance Company ("Jefferson Pilot"), alleging that he was unlawfully discharged due to his refusal to participate in Appellee Jefferson Pilot's illegal employment practices. The chancellor dismissed Appellant's suit, stating that this cause of action was barred by the applicable one year statute of limitation. Weber appeals the lower court's dismissal of his Complaint.

 

Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor D.J. Alissandratos
Shelby County Court of Appeals 01/17/96
01C01-9412-CR-00409

01C01-9412-CR-00409
Sumner County Court of Criminal Appeals 01/17/96
01C01-9412-CR-00409

01C01-9412-CR-00409
Sumner County Court of Criminal Appeals 01/17/96