Court of Appeals Opinions

Format: 07/23/2014
Format: 07/23/2014
Tammy R. Ganzevoort, v. Richard B. Russell, Martha T. Russell, and Jim Cassetty, D/B/A Cassetty Realty
01A01-9502-CV-00038
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Thomas Goodall

The Circuit Court of Sumner County awarded the purchaser of a home a judgment against the sellers and their real estate agent, for deceptive practices as defined in the Tennessee Consumer Protection Act. Because we find that the evidence preponderates against a finding that the plaintiff suffered any ascertainable harm from a deceptive act, we reverse.

Sumner County Court of Appeals 10/25/95
William Wayne Bray, v. Wanda Lee Jones Bray
01A01-9506-CV-00228
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge John A. Turnbull

In this case the husband has appealed the trial judge's award of $14,750 to the wife as her share of the marital property. The trial judge made the following findings: that the husband's property had increased in value during the marriage in the amount, when added to the value of some property acquired by the parties, of $34,000; that the cattle acquired by the parties had a negative value of $4,500, leaving a net value of $29,500; that the wife had made a contribution to the preservation and appreciation of the property; that the wife had a greater need than the husband; and that the husband had a greater ability to produce income in the future. Taking the net increase in the marital estate of $29,500 the trial judge then awarded half of it to the wife.

Clay County Court of Appeals 10/25/95
Gloria Keene and husband, Edward Keene, v. Cracker Barrel Old Country Store, Inc.
01A01-9505-CV-00211
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Barbara N. Haynes

This is an appeal by plaintiffs/appellants, Gloria and Edward Keene, from the trial court's order granting partial summary judgment to defendant/appellee, Cracker Barrel Old Country Store, Inc. ("Cracker Barrel").

Davidson County Court of Appeals 10/25/95
William Barry Martin, v. Marny Anne Martin
01A01-9505-CV-00222
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Muriel Robinson

In this divorce case, the defendant/wife has appealed from that portion of the divorce decree which granted to the plaintiff/husband sole custody of the daughter of the parties, aged 4 1/2 years at the time of judgment, 5 years at the present time.

Davidson County Court of Appeals 10/25/95
Walter Lee Steele and Jennie Brown, Individually and as Next-of-Kin of or Guardian of Melvin Lee Steele, Deceased, v. Tennessee Jaycees, Inc., et al.
01A01-9505-CH-00214
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor C. Allen High

The Chancery Court of Davidson County granted summary judgment to the Tennessee Jaycees and the other appellees, on the ground that the statute of limitations had passed prior to the filing of the appellants' wrongful death complaint against them. Because we do not find that the discovery rule tolls the statute of limitations under the circumstances of this case, we affirm the trial court.

Davidson County Court of Appeals 10/25/95
Stones River Utilities, Inc., v. Metropoltian Government of Nashville, Davidison County, Tennessee, et al. - Concurring
01-A-01-9505-CH-00217
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Robert S. Brandt

This is a contract dispute in which the chancellor found that the uncontradicted proof showed that the plaintiff had no cause of action for the acts alleged in the complaint. We reverse on the single ground of estoppel and remand for further proceedings on that issue alone.

Davidson County Court of Appeals 10/25/95
03A01-9506-CV-00209
Authoring Judge:
Trial Court Judge:
Court of Appeals 10/24/95
01A01-9505-CH-00189
Authoring Judge:
Trial Court Judge:
Court of Appeals 10/23/95
Michael Cantrell v. Walker Die Casting
M2001-00693-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Lee Russell
This case involves a denial of medical benefits for injuries sustained in an automobile accident. The Appellee was covered under an employee benefit plan which falls within the purview of the Employee Retirement Income Security Act of 1974 (ERISA). The trial court granted summary judgment for the Appellee as to the Appellant's liability for payment of the expenses resulting from the accident. We reverse the decision of the trial court, finding Appellee's failure to exhaust his administrative remedies prior to filing suit fatal to his cause.
Marshall County Court of Appeals 10/21/95
Duncan v. Crawford, Maryville, For The Appellant.
03A01-9507-PB-00230
Authoring Judge:
Trial Court Judge: Inman
Court of Appeals 10/20/95
03A01-9507-GS-00217
Authoring Judge:
Trial Court Judge: Inman
Court of Appeals 10/20/95
03A01-9505-CV-00143
Authoring Judge:
Trial Court Judge: Inman
Hamilton County Court of Appeals 10/20/95
02A01-9405-CV-00114
Authoring Judge:
Trial Court Judge:
Court of Appeals 10/20/95
Maxie L. Nichols and W. Max Nichols, v. Tennessee Student Assistance Corp.
01A01-9506-CH-00247
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor C. Allen High

This is an appeal from the trial court's judgment in favor of Defendant on Plaintiffs' fraud and contract allegations. Appellants are William Max Nichols, maker of certain notes representing student loans, and his father, Maxie L. Nichols, who was co-maker on said notes. The Appellee is Tennessee Student Assistance Corporation (TSAC), a non-profit corporation created by the General Assembly to guarantee and administer loans made by educational institution lenders to students attending post-secondary schools in Tennessee. T.C.A. § 49-4-203(1)- (3) (1990).

Davidson County Court of Appeals 10/20/95
Charles K. Newsom, v. Textron Aerostructures, a division of Avco, Inc.; and Gary L. Smith, individually
01A01-9504-CH-00151
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal involves a suit brought by an employee against his employer asserting that the employer's actions, in connection with the employee's demotion and subsequent termination, violated The Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634, and the Tennessee Human Rights Act (THRA), T.C.A. § 4-21-101 (1991), et. seq. The employee also alleges that the employer's actions in connection with the demotion and termination were slanderous and constituted outrageous conduct. Plaintiff employee, Charles K. Newsom, appeals from the order of the trial court granting summary judgment to defendant, Textron Aerostructures, Inc., and Gary Smith,1 and the only issue on appeal is whether the trial court erred in so doing. The pertinent facts are as follows.

Davidson County Court of Appeals 10/20/95