Court of Appeals Opinions

Format: 10/21/2014
Format: 10/21/2014
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Court of Appeals 12/12/95
02A01-9409-BC-00210
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Court of Appeals 12/12/95
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Court of Appeals 12/11/95
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Court of Appeals 12/11/95
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Court of Appeals 12/11/95
Chrystyna Anisia (Czyz) Reymann, v. Vincent Robert Reymann
01A01-9506-CV-00272
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge W. Thomas Goodall, Jr.

This is an appeal from a decree of divorce in which the issues presented on appeal by defendant-appellant are:
I. The Trial Court erred in reducing valuation of the wife's civil service retirement pension by hypothetical social security benefits.
II. The Trial Court erred in awarding the parties' marital interest in annuities to their adult daughter in trust.
The plaintiff-appellee presents a third issue as follows:
III. The Trial Court erred in failing to adjust the distribution between husband and wife to equalize the tax effect on any unrealized gain on stocks.

Sumner County Court of Appeals 12/08/95
Shoney's, Inc. and Shoney's of Canada, Inc., v. Chic Can Enterprises, LTD., an Alberta Corporation, Chic Can Enterprises, an Alberta LTD Ptrshp, et al.
01A01-9506-CH-00278
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Robert S. Brandt

The plaintiffs, Shoney's Inc., and Shoney's of Canada, Inc., have appealed from the judgment of the Trial Court dismissing their suit against the defendants, Chic Can Enterprises, Ltd., Little Caesars Pizza of Alberta, Inc., and Gen Group, Incorporated for lack of personal jurisdiction of said defendants.

Davidson County Court of Appeals 12/08/95
Benny R. Shope and wife, Betty S. Shope, v. Radio Shack, a division of Tandy Corporation, and Radio Shack, Inc. a corporation doing business in Bradley County, Tennessee
03A01-9508-CV-00288
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Earle G. Murphy

This is a premises liability action. The case was tried before a jury to the conclusion of the plaintiffs' proof. At the conclusion of the plaintiffs' proof, the defendants moved for a directed verdict which was granted. Judgment was entered in favor of the defendants. This appeal resulted. We affirm the judgment of the trial court.

 

Court of Appeals 12/07/95
Benny E. Shope and wife, Betty S. Shope, v. Radio Shack, a division of Tandy Corporation, and Radio Shack, Inc., a corporation doing business in Bradley County, Tennessee
03A01-9508-CV-00288
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Earle G. Murphy

This is a premises liability action. The case was tried before a jury to the conclusion of the plaintiff's proof. At the conclusion of the plaintiff's proof, the defendants moved for a directed verdict which was granted. Judgment ws entered in favor of the defendants. This appeal resulted. We affirm the judgment of the trial court.

Court of Appeals 12/07/95
Debra White, v. Robin Merritt, Judy Merritt, and Bill Sharp
03A01-9505-CV-00165
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Wheeler Rosenbalm

Pursuant to Rule 54 of the Tennessee Rules of Appellate Procedure, the Plaintiff, Debra White, appeals an order of summary judgment entered in favor of the Defendant, Bill Sharp. Ms. White sought damages she suffered as a result of a dog bite. The suit was brought against Mr. Sharp, the owner of the premises where the dog was kept, and his tenants, Robin Merritt and Judy Merritt, the owners of the dog. A voluntary non-suit ws taken as to Mr. Merritt and adefault judgment ws entered against Mrs. Merritt.

Knox County Court of Appeals 12/06/95
Calvin Edward Gallaher v. Dee ann Gallaher
03A01-9502-CH-00069
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Frank V. Williams, III

Dee Ann Curtis Gallaher appeals that portion of a divorce decree entered by the Chancery Court for Meigs County which granted her husband, Calvin Edward Gallaher, custody of their four-year old daughter.

 

Meigs County Court of Appeals 12/06/95
Frances Gregg Brickell and Edwina Ellis Coffey v. City of Friendsville
03A01-9505-CV-001159
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Dale W. Young

This is an extraordinary appeal in the most literal sense of the word. The appellant prevailed in the trial court, but nevertheless, as appealed claiming that the trial court erred in refusing to consolidate this action with another action relating to the same subject matter pending in the same court.

Court of Appeals 12/06/95
Ardis Mobile Home Park, v. State of Tennessee
03A01-9505-BC-00157
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Commissioner Michael S. Lacy

This is an appeal from a decision of the Tennessee Claims Commission wherein the commissioner determined that the occurrences at issue constituted a taking of property by the State of Tennessee rather than a nuisance. The commissioner concluded that the exclusive remedy for a taking is an inverse condemnation action pursuant to T.C. A. § 29-16-123. Since actions predicated on inverse condemnation are outside the scope of the jurisdiction of the Claims Commission, the commissioner dismissed the claim. This appeal resulted. We reverse the judgment of the commissioner.

Court of Appeals 12/06/95