Court of Appeals Opinions

Format: 12/22/2014
Format: 12/22/2014
Franklin Shane Halstead, v. Niles-Bolton Associates, Derek Barton Company, Inc., D/B/A Derek Barton Tennis Courts, et al.
01A01-9503-CV-00113
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Walter C. Kurtz

This appeal involves a personal injury action in which the plaintiff sought to file a separate suit against previously unknown defendants in accordance with Tenn. Code Ann. § 20-1-119 (1994). The Fifth Circuit Court for Davidson County granted the new defendants’ motions for summary judgment on the ground that the complaint was filed one day late. The plaintiff asserts on this appeal that the trial court erred by failing to extend the time for filing his amended complaint by three days in accordance with Tenn. R. Civ. P. 6.05. We have determined that Tenn. R. Civ. P. 6.05 does not extend the deadline for taking the actions required by Tenn. Code Ann. § 20-1-119 and, therefore, affirm the trial court.

Davidson County Court of Appeals 02/09/96
Ramond Gregory v. Laura Sue Gregory - Concurring
01A01-9508-CH-00357
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Chancellor Tyrus H. Cobb

This appeal involves a suit to determine ownership of an 18.5 acre tract of land located in Lincoln County, Tennessee. The facts are as follows.

Lincoln County Court of Appeals 02/07/96
Larry D. Russell, v. Criminal Court Judge Joseph B. Dailey, Division 5
02A01-9509-CH-00200
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor D. J. Alissandratos

This cause came to be heard upon the Rule 3 appeal by appellant Larry Russell from the Order of the trial court dismissing his claim against appellee Dailey for failure to state a claim and lack of jurisdiction.

Shelby County Court of Appeals 02/07/96
Gloria Jean Woodfork v. Hampton Inns, Inc., and Phillip H. McNeill and R. Brad Martin, D/B/A Jackson Inns, LTD.
02A01-9411-CV-00266
Authoring Judge: Senior Judge Tomlin
Trial Court Judge: Judge Whit A. Lafon

Gloria Jean Woolfork (“plaintiff”) filed suit in the Circuit Court of Madison County against Phillip H. McNeil and R. Brad Martin, d/b/a Jackson Inns, Ltd.,1 seeking damages for her personal injuries allegedly caused by defendant’s negligence. The case was tried before a jury, which returned a verdict in favor of plaintiff. Although defendants have raised several issues on appeal, the pivotal issue in this case is whether the trial court properly performed his function as a thirteenth juror in denying defendants’ motion for a new trial. After reviewing this record, we are of the opinion that he did not, and we reverse and remand this case for a new trial.

Jackson County Court of Appeals 02/07/96
New Life Corporation of America v. Thomas Nelson, Inc.
01A01-9505-CV-00223
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Barbara N. Haynes

Plaintiff, New Life Corporation of America (New Life), appeals from the order of the trial court which granted summary judgment to defendant, Thomas Nelson, Inc. (Nelson).

Davidson County Court of Appeals 02/07/96
Lucille Beske, v. Opryland USA, Inc.
01A01-9510-CV-00435
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: JudgeThomas W. Brothers

The defendant, Opryland USA, Inc., has appealed from a judgment in favor of the plaintiff, Lucille Beske in the amount of $125,000 for personal injuries sustained in a fall on the premises of defendant. The jury awarded plaintiff $200,000, but the Trial Judge suggested a remittitur of $75,000 which was accepted by the plaintiff without protest. The Trial Judge also awarded plaintiff judgment for $1,404.50 discretionary costs.

Davidson County Court of Appeals 02/07/96
Kayla Nicole Nunley, v. Estate of Billy G. Nunley, and Earl Montgomery
01A01-9508-PB-00350
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge James R. Everett

This case involves the ownership of the mechanical royalty rights to a catalogue of songs written by the appellant, Earl Montgomery. The appellee, Kayla Nicole Nunley, contends that her late husband, Billy Gene Nunley, purchased the right to collect those royalties from Mr. Montgomery in 1975. Mr. Montgomery testified that he never sold the rights, and that he did not even know Mr. Nunley. He claims that the Nunleys were guilty of converting the funds derived from his ownership rights.

Davidson County Court of Appeals 02/07/96
Syble B. Stephenson, v. Wilber D. Stephenson
01A01-9507-CH-00328
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Jim T. Hamilton

In this divorce proceeding, the plaintiff, Syble B. Stephenson, has appealed from a judgment entered by the Trial Court on April 11, 1995, overruling a motion to alter or amend a judgment previously entered on November 14, 1994, dealing with distribution of marital property and indebtedness thereon, child support arrearage, future child support and medical expenses, visitation and possession of a list of personal belongings.

Lawrence County Court of Appeals 02/07/96
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