APPELLATE COURT OPINIONS

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Davis Group (MC), Inc., v. The Metropolitan Government of Nashville and Davidson County, and The Metropolitan Planning Commission

01A01-9501-CH-00010

This is a proceeding for judicial review of the action of the Metropolitan Council, the elected legislative body of the Metropolitan Government of Nashville and Davidson County, Tennessee, in refusing to concur in the action of the Metropolitan Planning Commission approving a "Planned Unit Development." The Trial Court reversed the action, and the City filed notice of its "intention to appeal" which, in the absence of challenge, will be treated as a notice of appeal.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Chancellor C. Allen High
Davidson County Court of Appeals 11/01/95
Jerry Collins D/B/A Westside Equipment Company, Inc. v. Greene County Bank

03A01-9507-CH-00216

In this dispute between plaintiff borrower and defendant lender, the Trial Court entered summary judgment for the defendant and plaintiff has appealed.

 

Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge Dennis H. Inman
Greene County Court of Appeals 11/01/95
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
Court of Appeals 10/31/95
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 County Court of Appeals 10/31/95
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Campbell County Court of Appeals 10/31/95
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 10/31/95
01C01-9409-CR-00308

01C01-9409-CR-00308

Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 10/31/95
01C01-9412-CC-00423

01C01-9412-CC-00423

Originating Judge:W. Charles Lee
Marshall County Court of Criminal Appeals 10/31/95
01C01-9504-CC-00116

01C01-9504-CC-00116

Originating Judge:J. S. Daniel
Rutherford County Court of Criminal Appeals 10/31/95
01C01-9405-CC-00172

01C01-9405-CC-00172
Marshall County Court of Criminal Appeals 10/31/95
Dempel Earps, v. Irene S. Earps, Ronnie Earps, and Greg Earps

01A01-9505-CH-00206

The plaintiff in the trial court claimed title to a disputed area of land by adverse possession. The chancellor found that the disputed property was not within the calls of the plaintiff's deed and that the plaintiff had failed to establish a prescriptive title by twenty years of adverse possession. We affirm.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor C. K. Smith
Macon County Court of Appeals 10/31/95
01S01-9403-CH-00026

01S01-9403-CH-00026

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Supreme Court 10/30/95
Cyril v. Fraser

03C0l-9409-CR-0033l

Originating Judge:Edgar P. Calhoun
Sullivan County Court of Criminal Appeals 10/30/95
Kendrick Kelly v. David G. Mills, W

W2004-01106-CCA-R3-HC
Authoring Judge: Judge John Everett Williams
Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Criminal Appeals 10/27/95
CNL Insurance vs. Smith

M1999-00198-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Charles D. Haston, Sr.
Warren County Court of Appeals 10/27/95
03C01-9411-CR-00409

03C01-9411-CR-00409

Originating Judge:Lynn W. Brown
Sullivan County Court of Criminal Appeals 10/26/95
03C01-9502-CR-00057

03C01-9502-CR-00057

Originating Judge:William R. Holt
Jefferson County Court of Criminal Appeals 10/26/95
01C01-94l2-CR-004l2

01C01-94l2-CR-004l2

Originating Judge:Ann Lacy Johns
Davidson County Court of Criminal Appeals 10/25/95
William Barry Martin, v. Marny Anne Martin

01A01-9505-CV-00222

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.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Muriel Robinson
Davidson County Court of Appeals 10/25/95
Tammy R. Ganzevoort, v. Richard B. Russell, Martha T. Russell, and Jim Cassetty, D/B/A Cassetty Realty

01A01-9502-CV-00038

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.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Thomas Goodall
Sumner County 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

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.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor C. Allen High
Davidson County 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

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.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Robert S. Brandt
Davidson County Court of Appeals 10/25/95
01C01-9407-PB-00254

01C01-9407-PB-00254

Originating Judge:James R. Everett
Davidson County Court of Criminal Appeals 10/25/95