Court of Appeals Opinions

Format: 12/18/2014
Format: 12/18/2014
Jack Keller, Jordan S. Keller, v. Colgems-EMI Music, Inc., Screen Gems-EMI Music, Inc., EMI Music Publishing, Inc.
01A01-9505-CV-00212
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Walter C. Kurtz

On June 28, 1994, Plaintiff Jack Keller sued the defendants in the Davidson County Circuit Court claiming a breach of fiduciary duty by fraudulently failing to disclose the contents of a contract amendment signed in 1960. Jordan Keller, to whom a part of the contract rights had been assigned, joined his father as plaintiff.

Davidson County Court of Appeals 01/05/96
Explosive Specialists Inc. v. Whaley Construction Co., Inc., - Concurring
03A01-9509-CH-00305
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor David H. Cate

In this action, plaintiff was awarded judgment for work performed under a contract, and defendant has appealed, insisting that plaintiff did not perform in accordance with the agreement between the parties.

Knox County Court of Appeals 01/03/96
Gordon Burks, v. Belz-Wilson Properties, a joint venture, comprised of Belz Investment Company, et al.
02A01-9411-CV-00254
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge James M. Tharpe

Appellant, Gordon Burks, (Burks) brought this negligence action against Appellee, Pride Construction Company, Inc., (Pride) and various other defendants, in the Circuit Court of Shelby County. Pride's motion for summary judgment was granted and, from that judgment, Burks appeals.

Shelby County Court of Appeals 01/02/96
Penny Campbell, et al., v. Don Sundquist, Governor of the State of Tennessee, et al. - Partially Dissenting
01A01-9507-CV-00321
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge:

I respectfully dissent from part I of the majority opinion holding that the appellants have standing to maintain this action under the Declaratory Judgment Act. In my opinion this case does not involve present rights that have accrued under presently existing facts. See Dobbs v. Guenther, 846 S.W.2d 270 (Tenn. App. 1992).

Davidson County Court of Appeals 01/01/96
02A01-9501-CH-00007
Authoring Judge:
Trial Court Judge: Joe C. Morris
Madison County Court of Appeals 12/29/95
Donald L. Mott, Murl Kennamore, and K & M. Petroleum Corp., v. D. Dean Graves and Security Title Insurance Co., Inc.
02A01-9410-CH-00244
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor John Hill Chisolm

Appellant D. Dean Graves ("Graves") appeals the chancellor's decision requiring 2 Graves to specifically perform a contract by purchasing an $85,000 parcel of real estate offered for sale by the Appellees, Donald L. Mott ("Mott") and Murl Kennamore ("Kennamore").

Fayette County Court of Appeals 12/29/95
02A01-9408-CH-00184
Authoring Judge:
Trial Court Judge: Joe C. Morris
Shelby County Court of Appeals 12/29/95
Indian Hills Club Homeowner's Assn., Inc., v. Clayton L. and Cindy Cooper - Concurring
01A01-9507-CH-00319
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Charles Hill Beaty

Indian Hills ClubHomeowners' Association ("Plaintiff"), filed suit against Clayton and Cindy Cooper ("Defendants"), seeking an injunction prohibiting Defendants from building a driveway extension/parking pad and walkway onto their property. The trial court granted Plaintiff a permanent injunction, holding that the proposed construction would violate certain restrictions of record that prohibited any construction or improvements without approval from the Board of Directors of the Indian Hills  Homeowners' Association. Defendants have raised three issues for our consideration: (1) whether the Plaintiff's denial of Defendants' application and approval rested upon a lawful and legitimate basis; (2) whether the  Board's decision to deny the application was an arbitrary and capricious exercise of control; and (3) whether it would be unfair and inequitable to enforce the restrictive covenant. For the reasons stated herein, we reverse the decision of the trial court and order that the injunction be dissolved.

Sumner County Court of Appeals 12/29/95
Exchequer 1982-1 Oil and Gas Drilling Partnership, et al., v. Charles R. Miller, Jr., Citizens Bank of Tennessee and William A. Thorne
01A01-9502-CH-00072
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Vernon Neal

This case comes before us as an interlocutory appeal pursuant to T.R.A.P. 9. The 1This suit was originally filed by a total of fifteen limited partnerships. The claims of the five Keystone Partnerships; to wit: Keystone 1983-1 Oil and Gas Drilling Partnership; Keystone 1983-2 Oil an Gas Drilling Partnership; Keystone 1984-1 Oil and Gas Drilling Partnership; Keystone 1984-2 Oil and Gas Drilling Partnership; and Midco 1983-1 Oil and Gas Drilling Partnership, are not at issue in this appeal. 2 Appellant, Citizens Bank of Tennessee (hereinafter "Citizens"), appeals the chancellor's denial of its Motion for Summary Judgment against the Plaintiffs below, a group of ten
limited partnerships; to wit: Exchequer Associates Oil and Gas Drilling Partnership 1982-1; Exchequer 1983-1 Oil and Gas Drilling Partnership; Exchequer 1983-2 Oil and Gas Drilling Partnerships; Exchequer Synergy 1983-1 Oil and Gas Drilling Partnership; First Energy 1983-1 Oil and Gas Drilling Partnership; First Energy 1984-1 Oil and Gas Drilling Partnership; Overlord 1983-1 Oil and Gas Drilling Partnership; Overlord II 1984-1 Oil and Gas Drilling Partnership; Overlord III 1984 Oil and Gas Drilling Partnership; and Overlord IV 1984 Oil and Gas Drilling Partnership (hereinafter "Partnerships").1

Putnam County Court of Appeals 12/29/95
Davis vs. City of Clarksville
M1999-00084-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: James E. Walton
This is a negligence suit under the Tennessee Governmental Tort Liability Act. The plaintiff is a city police officer who was injured while rushing an armed robbery suspect. The plaintiff rushed the robbery suspect when he moved from a position of cover to a position closer to the suspect, after his supervisor motioned him to move forward. The plaintiff sued the city, alleging that his injuries were caused by his supervisor's negligence. The trial court found that the supervisor was negligent and awarded the plaintiff $45,000 in damages. The city appeals. We reverse, finding that the evidence does not support a finding that the supervisor was negligent.
Montgomery County Court of Appeals 12/28/95
Kenneth O. Burnett & Vickie S. Burnett v. Frank E. Krisle & d/b/a Elite Electric - Concurring
01A01-9505-CV-00196
Authoring Judge: Judge Hewitt P. Tomlin
Trial Court Judge: Judge Paul R. White

Kenneth O. Burnett and Vickie S. Burnett ("plaintiffs") filed suit in the Davidson County Circuit Court against Frank E. Krisle, individually and d/b/a Elite Electric ("defendant") seeking damages resulting from a fire caused by defendant's negligence that destroyed plaintiffs' home. The jury awarded plaintiffs compensatory damages in the amount of $90,733.56, reduced by a finding that plaintiffs were ten percent (10%) at fault. Defendant's motion for a new trial was denied. On appeal defendant has presented three issues for our consideration: (1) whether there was any material evidence in the record to support the jury verdict; (2) whether the trial court erred in refusing to grant defendant a new trial or a remittitur; and (3) whether the trial court erred in refusing to allow defendant to present a witness for testifying after defendant had rested his case. We find no error and affirm.

Davidson County Court of Appeals 12/22/95
02A01-9409-CH-00219
Authoring Judge:
Trial Court Judge: C. Neal Small
Shelby County Court of Appeals 12/21/95
02A01-9408-CV-00196
Authoring Judge:
Trial Court Judge: Wyeth Chandler
Shelby County Court of Appeals 12/21/95