Court of Appeals Opinions

Format: 11/23/2014
Format: 11/23/2014
02A01-9410-CH-00230
Authoring Judge:
Trial Court Judge: D. J. Alissandratos
Shelby County Court of Appeals 01/29/96
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Greene County Court of Appeals 01/26/96
03A01-9508-CV-00252
Authoring Judge:
Trial Court Judge:
Loudon County Court of Appeals 01/26/96
03A01-9508-CV-00256
Authoring Judge:
Trial Court Judge:
Knox County Court of Appeals 01/26/96
Penny Campbell, et al., v. Don Sundquist, Governor of the State of Tennessee, et al.
01A01-9507-CV-00321
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Walter C. Kurtz

This appeal involves a constitutional challenge under the Tennessee Constitution to Tennessee's Homosexual Practices Act, T.C.A. § 39-13-510 (1991). On May 26, 1993, plaintiffs Penny Campbell, John Doe, Jane Doe, James Tallent, and Christopher Simien,1 filed a "Verified Petition for Declaratory and Injunctive Relief" in the Circuit Court for Davidson County, Tennessee, against defendants Don Sundquist, Governor of the State of Tennessee,2 Charles W. Burson, Attorney General of the State of Tennessee, and Victor S. Johnson, III, District Attorney General for Davidson County, each in his official capacity. The complaint, as amended, seeks a declaratory judgment pursuant to T.C.A. § 29-14-101, et seq., (1980) that the Homosexual Practices Act (HPA),acriminal law, violates plaintiffs' right to privacy under Article I, Sections 1, 2, 3, 7, 8, 19, and 27 of the Tennessee Constitution and their right to equal protection of the laws under Article I, Section 8 of the Tennessee Constitution. Plaintiffs also seek to enjoin the enforcement of the HPA.

Davidson County Court of Appeals 01/26/96
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