Court of Appeals Opinions

Format: 10/21/2014
Format: 10/21/2014
03A01-9506-CH-00201
Authoring Judge:
Trial Court Judge:
Court of Appeals 12/19/95
03A01-9503-CH-00110
Authoring Judge:
Trial Court Judge:
Hamilton County Court of Appeals 12/19/95
Lessie Blankenship, v. Century Health Services, Inc.
01A01-9504-00137
Authoring Judge: Senior Judge Hewitt P. Tomlin
Trial Court Judge: Judge Lee Russell

Lessie Blankenship ("plaintiff") filed suit in the Circuit Court of Bedford County against Century Health Services, Inc. ("Century" or "defendant"), seeking damages for breach of a commercial lease. Following a bench trial, the court awarded plaintiff damages in the amount of $44,943.80 for rent due under the lease, costs incurred by plaintiff in seeking to relet the premises, and attorney fees in the amount of 15% of the amount of the judgment. On appeal, Century presents five issues for review: Whether the trial court erred (1) in finding that Century had assumed the lease between plaintiff and South Central Home Health, Inc. (?South Central”), the original lessee; (2) in concluding that Century had not properly terminated the lease; (3) in finding that plaintiff had properly mitigated her damages; (4) in awarding plaintiff damages for future rent under the lease; and (5) in awarding plaintiff attorney fees in the amount of 15% of plaintiff's judgment. For the reasons hereinafter stated, we affirm in part, reverse in part and remand.

Court of Appeals 12/15/95
Jimmy France, v. Christine Bradley, Commissioner of Department of Correction, Ned Ray McWherter, Governor of State of Tennessee, et al.
01A01-9508-CH-00335
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Robert S. Brandt

The captioned plaintiff has appealed from the judgment of the Trial Court dismissing his suit against the captioned defendants for a declaratory judgment and injunctive relief regarding the constitutionality of application of certain statutes to plaintiff and certain actions, practices and policies of the defendants.

Davidson County Court of Appeals 12/15/95
Shelter Insurance Companies, v. Sherrie Marie Hann
01A01-9507-CH-00280
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge William B. Cain

The defendant, Sherrie Marie Hann, has appealed from a non-jury judgment in favor of the plaintiff, Shelter Insurance Companies for $5,000 paid to defendant by mistake. As indicated in the caption, this was a proceeding in Chancery Court.

Maury County Court of Appeals 12/15/95
Shasta Mead Morey, v. Leslie Charles Morey
01A01-9506-CV-00243
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Muriel Robinson

The defendant, Leslie Charles Morey, has appealed from the judgment of the Trial Court awarding to the plaintiff, Shasta Mead Morey, an absolute divorce, custody of a minor child, child support, a share of marital property, and $3,000.00 attorneys' fees.

Davidson County Court of Appeals 12/15/95
Rebecca Diane Turner (Turpin) v. Charles Daniel Turner -Concurring
01-A-01-9503-CV-00080
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Charles D. Haston

This appeal involves an acrimonious post-divorce dispute over child support and visitation. After their divorce in 1990, the mother filed several petitions in the Circuit Court for Warren County seeking to hold the father in contempt. The father also filed several petitions to modify his child support because of his inability to pay. This appeal involves the denial of the father’s latest petition for modification and the summary suspension of his visitation for not paying child support. We have determined that the evidence preponderates against the trial court’s conclusion that the circumstances with regard to the father’s income have not changed and that the father’s visitation should be suspended. Accordingly, we vacate the order dismissing the father’s petition and remand the case for further proceedings.

Warren County Court of Appeals 12/15/95
02A01-9409-CV-00222
Authoring Judge:
Trial Court Judge: Robert L. Childers
Shelby County Court of Appeals 12/14/95
02A01-9408-Ch-00199
Authoring Judge:
Trial Court Judge: C. Neal Small
Shelby County Court of Appeals 12/14/95
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 12/12/95
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 12/12/95
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 12/12/95
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 12/12/95