Court of Appeals Opinions

Format: 04/18/2014
Format: 04/18/2014
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 10/31/95
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 10/31/95
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 10/31/95
Dempel Earps, v. Irene S. Earps, Ronnie Earps, and Greg Earps
01A01-9505-CH-00206
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor C. K. Smith

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.

Macon County Court of Appeals 10/31/95
CNL Insurance vs. Smith
M1999-00198-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Charles D. Haston, Sr.
Warren County Court of Appeals 10/27/95
William Wayne Bray, v. Wanda Lee Jones Bray
01A01-9506-CV-00228
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge John A. Turnbull

In this case the husband has appealed the trial judge's award of $14,750 to the wife as her share of the marital property. The trial judge made the following findings: that the husband's property had increased in value during the marriage in the amount, when added to the value of some property acquired by the parties, of $34,000; that the cattle acquired by the parties had a negative value of $4,500, leaving a net value of $29,500; that the wife had made a contribution to the preservation and appreciation of the property; that the wife had a greater need than the husband; and that the husband had a greater ability to produce income in the future. Taking the net increase in the marital estate of $29,500 the trial judge then awarded half of it to the wife.

Clay County Court of Appeals 10/25/95
Gloria Keene and husband, Edward Keene, v. Cracker Barrel Old Country Store, Inc.
01A01-9505-CV-00211
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Barbara N. Haynes

This is an appeal by plaintiffs/appellants, Gloria and Edward Keene, from the trial court's order granting partial summary judgment to defendant/appellee, Cracker Barrel Old Country Store, Inc. ("Cracker Barrel").

Davidson County Court of Appeals 10/25/95
William Barry Martin, v. Marny Anne Martin
01A01-9505-CV-00222
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Muriel Robinson

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.

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
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Robert S. Brandt

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.

Davidson 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
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor C. Allen High

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.

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
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Thomas Goodall

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.

Sumner County Court of Appeals 10/25/95
03A01-9506-CV-00209
Authoring Judge:
Trial Court Judge:
Court of Appeals 10/24/95
01A01-9505-CH-00189
Authoring Judge:
Trial Court Judge:
Court of Appeals 10/23/95