Court of Appeals Opinions

Format: 10/01/2014
Format: 10/01/2014
United Physicians Insurance Risk Retention Group, by and through Douglas M. Sizemore, Commissioner of Commerce and Insurance, v. United American Bank of Memphis
01A01-9503-CH-00096
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Robert S. Brandt

This appeal arises from the liquidation of an insolvent captive insurance company. TheCommissioner of Commerce and Insurance, acting as the insurance company’s liquidator, filed a petition in the Chancery Court for Davidson County seeking to avoid an $800,000 transfer made by the insurance company to pay off an outstanding bank loan. The bank moved to dismiss the commissioner’s petition because the challenged transfer occurred outside of the avoidance period in Tenn. Code Ann. § 56-9-317(a)(2)(B) (1994). The trial court granted the motion, and the commissioner has appealed. We affirm the trial court’s decision.

Davidson County Court of Appeals 02/07/96
Overland Industrial Lubricant Corp. D/B/A Asco Sanitation v. City of Waynesboro, Collingwood, Clifton and Household and Commercial Garbage
01A01-9412-CH-00602
Authoring Judge: Per Curiam
Trial Court Judge: Judge Jim T. Hamilton

This is a dispute over a contract to provide garbage and industrial waste collection in three Wayne County cities. The contractor sued the three cities for failing to prevent a rival contractor from providing the same services to some residents of each city and sued the rival contractor for inducing a breach of contract, for misrepresentation, and for interference with business relations. After a bench trial the Chancery Court of Wayne County dismissed the complaint. We affirm.

Wayne County Court of Appeals 02/07/96
Herbert Adams v. Robert Sims and Patricia Sims
02A01-9411-CH-00252
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor George R. Ellis

This case came to be considered by the Court upon a grant of a Rule 9 application for permission to appeal an interlocutory Order of the trial court.

Crockett County Court of Appeals 02/06/96
Wanda Sharp, Individually and as Next Friend of Joseph Riggs v. Anderson County and Anderson School Board of Education
03A01-9508-CV-00282
Authoring Judge: Judge John T. McMurray
Trial Court Judge: Judge James B. Scott, Jr.

This is an appeal from a judgment granting a motion for summary judgment in favorof the defendants - appellees and dismissing the plaintiff's complaint.  We affirm the judgment of the trial court.

Anderson County Court of Appeals 02/05/96
Carl Nelson v. Harold Eugene Martin & Jack W. Gammon - Concurring
02A01-9403-CV-00043
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge James M. Tharpe

This case arises from the termination of appellant, Carl Nelson, as employee, officer and director of B & M Printing Company. The pertinent facts are as follows: In 1968, Nelson, together with appellees, Harold E. Martin and Jack W. Gammon, formed a partnership named B & M Printing Company for the purpose of engaging in the commercial printing business. In 1969, the three partners converted the partnership into a corporation and were issued 100 shares each of the corporation's stock. There were no other shareholders in the corporation. Nelson, Gammon and Martin were all employed by the corporation and acted as the corporation's only officers and directors. The presidency of the corporation was initially rotated between the three parties every year, but at the time of Nelson's termination, Martin was the president and had been for several years. The parties received no compensation for their duties as officers and directors, but did receive salaries, commissions based on individual sales, and bonuses as employees of the corporation. In addition, the parties received rent money from the corporation through their partnership, BCJ Enterprises, which owned the property on which B & M Printing Company was located

Shelby County Court of Appeals 02/01/96
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Court of Appeals 01/31/96
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Hamilton County Court of Appeals 01/31/96
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Court of Appeals 01/31/96
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Court of Appeals 01/31/96
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Court of Appeals 01/31/96
01A01-9507-CH-00316
Authoring Judge:
Trial Court Judge: Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 01/31/96
01A01-9509-CV-00405
Authoring Judge:
Trial Court Judge: Walter C. Kurtz
Davidson County Court of Appeals 01/31/96
01A01-9508-CV-00378
Authoring Judge:
Trial Court Judge: Henry Denmark Bell
Williamson County Court of Appeals 01/31/96