Court of Appeals Opinions

Format: 10/20/2014
Format: 10/20/2014
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Hamilton County Court of Appeals 01/11/96
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Bradley County Court of Appeals 01/11/96
03A01-9509-CV-00320
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Hamilton County Court of Appeals 01/11/96
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Knox County Court of Appeals 01/10/96
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Court of Appeals 01/10/96
Shade T. Underwood, Jr. v. Governor Ned Ray McWherter - Concurring
01-A-01-9508-CV-00360
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Walter C. Kurtz

This is an appeal by petitioner/appellant, Shade T. Underwood, Jr., from the trial court's dismissal of his petition for declaratory judgment and violations of civil rights. The sole issue presented by petitioner is "[w]hether the trial court properly dismissed the petition for want of prosecution."

Davidson County Court of Appeals 01/05/96
Jack Keller, Jordan S. Keller, v. Colgems-EMI Music, Inc., Screen Gems-EMI Music, Inc., EMI Music Publishing, Inc.
01A01-9505-CV-00212
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Walter C. Kurtz

On June 28, 1994, Plaintiff Jack Keller sued the defendants in the Davidson County Circuit Court claiming a breach of fiduciary duty by fraudulently failing to disclose the contents of a contract amendment signed in 1960. Jordan Keller, to whom a part of the contract rights had been assigned, joined his father as plaintiff.

Davidson County Court of Appeals 01/05/96
Explosive Specialists Inc. v. Whaley Construction Co., Inc., - Concurring
03A01-9509-CH-00305
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor David H. Cate

In this action, plaintiff was awarded judgment for work performed under a contract, and defendant has appealed, insisting that plaintiff did not perform in accordance with the agreement between the parties.

Knox County Court of Appeals 01/03/96
Gordon Burks, v. Belz-Wilson Properties, a joint venture, comprised of Belz Investment Company, et al.
02A01-9411-CV-00254
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge James M. Tharpe

Appellant, Gordon Burks, (Burks) brought this negligence action against Appellee, Pride Construction Company, Inc., (Pride) and various other defendants, in the Circuit Court of Shelby County. Pride's motion for summary judgment was granted and, from that judgment, Burks appeals.

Shelby County Court of Appeals 01/02/96
Penny Campbell, et al., v. Don Sundquist, Governor of the State of Tennessee, et al. - Partially Dissenting
01A01-9507-CV-00321
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge:

I respectfully dissent from part I of the majority opinion holding that the appellants have standing to maintain this action under the Declaratory Judgment Act. In my opinion this case does not involve present rights that have accrued under presently existing facts. See Dobbs v. Guenther, 846 S.W.2d 270 (Tenn. App. 1992).

Davidson County Court of Appeals 01/01/96
02A01-9501-CH-00007
Authoring Judge:
Trial Court Judge: Joe C. Morris
Madison County Court of Appeals 12/29/95
Donald L. Mott, Murl Kennamore, and K & M. Petroleum Corp., v. D. Dean Graves and Security Title Insurance Co., Inc.
02A01-9410-CH-00244
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor John Hill Chisolm

Appellant D. Dean Graves ("Graves") appeals the chancellor's decision requiring 2 Graves to specifically perform a contract by purchasing an $85,000 parcel of real estate offered for sale by the Appellees, Donald L. Mott ("Mott") and Murl Kennamore ("Kennamore").

Fayette County Court of Appeals 12/29/95
02A01-9408-CH-00184
Authoring Judge:
Trial Court Judge: Joe C. Morris
Shelby County Court of Appeals 12/29/95