Court of Appeals Opinions

Format: 10/01/2014
Format: 10/01/2014
Jane Doe and Mother A., Jane Doe C and Father C., v. Coffee County Board of Education, Joe Brandon, Bobby Cummings, Nelson Johnson, Marianne Brandon
01A01-9506-CV-00252
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Gerald L. Ewell, Sr.

This is a suit by two high school students and their parents seeking damages resulting from alleged assaults by a high school coach.

Coffee County Court of Appeals 01/26/96
The Travelers Insurance Company, v. Maudine Y. Lancaster Webb and Vicky Austin Lancaster
01A01-9508-CH-00379
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Robert S. Brandt

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.

Davidson County Court of Appeals 01/24/96
01A01-9508-CH-00373
Authoring Judge:
Trial Court 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
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor C. K. Smith

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.

Wilson County Court of Appeals 01/24/96
01A01-9508-CH-00373
Authoring Judge:
Trial Court Judge: Allen W. Wallace
Cheatham County Court of Appeals 01/24/96
State, ex rel, Lorretta Head Overstreet v. Paul Daniel King - Concurring
01-A-01-9507-CH-00309
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge C. K. Smith

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.

Smith County Court of Appeals 01/24/96
William B. Pevear and Rebecca Pevear v. Evans Hunt, Annie Irene Hunt and Metropolitan Government
01A01-9505-CH-00184
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor C. Allen High

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.
 

Davidson County Court of Appeals 01/24/96
Charles N. Delattie v. South Mark Realty Partners, LTD., d/b/a Hickory Lake Apartment Community - Concurring
01A01-9504-CV-00141
Authoring Judge: Judge Hewitt Tomlin
Trial Court Judge: Judge Barbara N. Haynes

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.

Davidson County Court of Appeals 01/19/96
State of Tennessee, v. Jacob Kyle Tipton
01A01-9510-CV-00445
Authoring Judge: Judge Samuel E. Lewis
Trial Court Judge: Judge Robert E. Burch

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.

Dickson 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
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Chancellor Vernon Neal

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.

Overton County Court of Appeals 01/19/96
Tom and Karen Moore, v. Lloyd A. Walwyn, M.D. - Dissenting
01A01-9507-CV-00295
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge:

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.
 

Williamson County Court of Appeals 01/19/96
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Knox County Court of Appeals 01/18/96
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Hamilton County Court of Appeals 01/18/96