Court of Appeals Opinions

Format: 08/20/2014
Format: 08/20/2014
Jerry Collins D/B/A Westside Equipment Company, Inc. v. Greene County Bank
03A01-9507-CH-00216
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge Dennis H. Inman

In this dispute between plaintiff borrower and defendant lender, the Trial Court entered summary judgment for the defendant and plaintiff has appealed.

 

Greene County Court of Appeals 11/01/95
Kathy L. Russell and William A. Russell v. The City of Lawrenceburg
01A01-9505-CV-00200
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge James L. Weatherford

Defendant, City of Lawrenceburg, has appealed from the trial court's finding that the proximate cause of the accident in which plaintiffs suffered injuries and damages was the negligence of the City of Lawrenceburg's agent and employee, Officer George L. Barturen.

Lawrence County Court of Appeals 11/01/95
James William Miller, Jr., v. Sherry Prentice-Miller
01A01-9505-CH-00225
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge James E. Walton

In this divorce case the appellant attacks a divorce decree entered nunc pro tunc and also raises issues relating to the property division, alimony, and attorney's fees. The appellee attacks the court's division of property in accordance with an antenuptial agreement. We affirm.

Montgomery County Court of Appeals 11/01/95
Net Realty Holding Trust, v. James D. Maggart and Dorothy Maggart
01A01-9503-CH-00085
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor C. Allen High

Net Realty Holding Trust ("NET") the owners of commercial property in Hermitage, Tennessee, brought an action to collect rent after the tenants, James and Dorothy Maggart, (doing business as "The Video Place") surrendered the premises. The Davidson County Chancery Court held that NET was estopped from collecting rent through the end of the lease term.

Davidson County Court of Appeals 11/01/95
Davis Group (MC), Inc., v. The Metropolitan Government of Nashville and Davidson County, and The Metropolitan Planning Commission
01A01-9501-CH-00010
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor C. Allen High

This is a proceeding for judicial review of the action of the Metropolitan Council, the elected legislative body of the Metropolitan Government of Nashville and Davidson County, Tennessee, in refusing to concur in the action of the Metropolitan Planning Commission approving a "Planned Unit Development." The Trial Court reversed the action, and the City filed notice of its "intention to appeal" which, in the absence of challenge, will be treated as a notice of appeal.

Davidson County Court of Appeals 11/01/95
State of Tennessee, Upon Relation of Lloyd R. Adams, Murphy W. Ralston, and W.C. Tallant, v. City of Murfeesboro, Tennessee
01A01-9404-CH-00195
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Robert E. Corlew, III

This is a suit to invalidate an annexation ordinance of the City of Murfreesboro. The plaintiff appealed from the dismissal of his suit, although neither party questioned the adequacy of the description of the land to be annexed. On October 26, 1994, this Court filed an opinion pointing out the infirmities of the ordinance and remanded to allow such infirmities to be remedied.

Rutherford County Court of Appeals 11/01/95
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Campbell County Court of Appeals 10/31/95
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Hamilton County Court of Appeals 10/31/95
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Court of Appeals 10/31/95
Dempel Earps, v. Irene S. Earps, Ronnie Earps, and Greg Earps
01A01-9505-CH-00206
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor C. K. Smith

The plaintiff in the trial court claimed title to a disputed area of land by adverse possession. The chancellor found that the disputed property was not within the calls of the plaintiff's deed and that the plaintiff had failed to establish a prescriptive title by twenty years of adverse possession. We affirm.

Macon County Court of Appeals 10/31/95