APPELLATE COURT OPINIONS

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03A01-9508-CH-00257

03A01-9508-CH-00257
Knox County Court of Appeals 11/30/95
03A01-9508-CH-00258

03A01-9508-CH-00258
Knox County Court of Appeals 11/30/95
03C01-9304-CR-00136

03C01-9304-CR-00136

Originating Judge:W. Lee Asbury
Claiborne County Court of Criminal Appeals 11/30/95
03C01-9501-CR-00014

03C01-9501-CR-00014

Originating Judge:Stephen M. Bevil
Hamilton County Court of Criminal Appeals 11/29/95
03C01-9503-CR-00086

03C01-9503-CR-00086

Originating Judge:Mary Beth Leibowitz
Knox County Court of Criminal Appeals 11/29/95
03C01-9410-CR-00382

03C01-9410-CR-00382

Originating Judge:R. Jerry Beck
Sullivan County Court of Criminal Appeals 11/29/95
02A01-9411-PB-00250

02A01-9411-PB-00250

Originating Judge:Leonard D. Pierotti
Shelby County Court of Appeals 11/29/95
02A01-9312-BC-00267

02A01-9312-BC-00267
Court of Appeals 11/29/95
Warren Hinckley v. Tummel & Carroll, a Professional Partnership, Harold K. Tummel, Individually, Kenneth S. Carroll, Individually, and Ray L. Rhymes, Individually

01A01-9504-CV-00174

Plaintiff, a resident of Texas sued defendants, residents of Texas, for legal malpractice by failing to timely file a claim against the State of Tennessee for damages allegedly incurred in Dickson County, Tennessee. The Trial Court sustained defendants' motion to dismiss on grounds of lack of personal jurisdiction and improper venue.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Leonard W. Martin
Dickson County Court of Appeals 11/29/95
Cyril v. Fraser

02C01-9503-CC-00089

Originating Judge:Joe G. Riley. Jr.
Dyer County Court of Criminal Appeals 11/29/95
02C01-9503-CC-00077

02C01-9503-CC-00077

Originating Judge:Whit A. Lafon
Madison County Court of Criminal Appeals 11/29/95
Frank Rudy Heirs Associates v. Moore and Associates, Inc., Leon Moore, and Sholodge Inc. - Concurring

01-A-01-9505-CH-00219

The general partner in a hotel-keeping operation refused to make distributions to the limited partner from the revenues of the venture. The limited partner filed suit against the general partner for breach of contract and breach of fiduciary duty. The trial court found that the general partner had breached the partnership agreement, and rendered a partial summary judgment, ordering an immediate distribution to both partners of over $680,000. We affirm.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor C. Allen High
Davidson County Court of Appeals 11/29/95
IN RE: Estate of Odell P. Bradley, Deceased; Edith Steward and Barbara Ramsey v. Christian F. Hofstetter Executor, et al. - Concurring

01A01-9411-PB-00553

Contestants (“appellants”) have appealed from a dismissal of a will contest suit filed by them in the Davidson County Probate Court. Following  a bench trial, the Honorable Joe P. Binkley, Sr., Special Judge, found that no proof had been presented to establish that the decedent was unduly influenced or that he was of unsound mind, and that the will was in fact his proper Last Will and Testament. The contestants' complaint was  dismissed. One of the contestants below has appealed pro se. Appellant's brief fails to comply with T.R.A.P. 27(a) in several ways, one of them being an absence of the statement of the issues. In order to properly dispose of this case, we conclude that the issue presented is whether the evidence preponderates against the judgment of the trial court. We find that it does not and affirm.

Authoring Judge: Judge Hewitt Tomlin
Originating Judge:Judge Joe P. Binkley, Sr.
Davidson County Court of Appeals 11/29/95
02C01-9501-CC-00019

02C01-9501-CC-00019

Originating Judge:John P. Colton, Jr.
Shelby County Court of Criminal Appeals 11/29/95
02A01-9405-CV-00106

02A01-9405-CV-00106

Originating Judge:James E. Swearengen
Shelby County Court of Appeals 11/29/95
Jerry Bain and wife Sue Bain, v. Dr. Wayne Wells, National Medical Enterprises, Inc., New Beginnings Center, University Medical Center and National Recovery Centers of America

01A01-9503-CV-00120

The captioned defendant, Dr. Wayne Wells, was dismissed by nonsuit and is not involved in this appeal. The remaining defendants have been granted interlocutory appeal from the order of the Trial Judge overruling their motion for summary judgment.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Bobby H. Capers
Wilson County Court of Appeals 11/29/95
George H. Richardson v. Joyce R. Richardson

01A01-9507-CH-00304

In this divorce action, plaintiff/appellant, George H. Richardson, appealed and presented three issues: (1) "Whether the trial court erred in failing to eliminate appellant's alimony obligation in the form of making the monthly mortgage payment on the marital residence occupied by appellee as well as paying appellee's car payments[,]" (2) "Whether the trial court erred in failing to relieve appellant of his obligation to pay for appellee's attorney's fees[,]" and (3) "Whether the trial court erred in failing to adopt appellant's proposed division of marital property."

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Chancellor Jim T. Hamilton
Maury County Court of Appeals 11/29/95
02C01-9502-CR-00030

02C01-9502-CR-00030

Originating Judge:Arthur T. Bennett
Shelby County Court of Criminal Appeals 11/29/95
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Hawkins County Court of Appeals 11/29/95
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Hamilton County Court of Appeals 11/29/95
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Hawkins County Court of Appeals 11/29/95
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Court of Appeals 11/29/95
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Court of Appeals 11/29/95
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Court of Appeals 11/28/95
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Court of Appeals 11/28/95