Court of Appeals Opinions

Format: 11/20/2017
Format: 11/20/2017
Helen S. Rogers v. Thomas E. Watts, Jr., - Concurring
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Thomas W. Brothers

This appeal involves another chapter in a lingering, acrimonious dispute between two Nashville lawyers stemming from a failed settlement of a case in federal court. After one of the lawyers abandoned his third-party complaint against the other lawyer for fraudulent misrepresentation, the other lawyer filed a malicious prosecution action in the Circuit Court for Davidson County. When the trial court dismissed the complaint on the ground that it was premature, the prevailing lawyer sought Tenn. R. Civ. P. 11 sanctions against the lawyer whose malicious prosecution claim had been dismissed. The trial court declined to grant sanctions, and the lawyer seeking sanctions has appealed. We have determined that the record supports the trial court’s decision not to award sanctions and, therefore, affirm the trial court’s decision.

Davidson County Court of Appeals 07/01/98
In re: Jason Ryan Stephens, Pamela Renee Stephens, v. James Callaway
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge David Loughry

This appeal involves a biological father's obligation to support his thirteen year old son.

Rutherford County Court of Appeals 07/01/98
William P. Williams, v. Wanda C. Williams
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor C. K. Smith

This is a child support case. The Chancery Court of Wilson County set the mother’s obligation of support at $723.00 per month. The mother appeals and asserts that the evidence preponderates against the trial court’s finding. We affirm the judgment below.

Wilson County Court of Appeals 07/01/98
In the matter of the estate of Mary Ardelle Gower, Deceased, v. Tyson Robertson, Bessie Lewis, Danny Boggell, Pat Henkel, and Marilyn Whitten
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Robert L. Jones

Mary Ardelle Gower died on August 11, 1995 in Wayne County, Tennessee at the age of 73. Her will was offered for probate by William Steven Jones, the executor therein named and the sole beneficiary of the will.

Wayne County Court of Appeals 07/01/98
W. Hudson Connery, Jr., et al. v. Columbia/HCA Healthcare Corporation, et al., - Concurring
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge:

I concur in Judge Todd’s opinion affirming the grant of summary judgment to the defendants. I write separately simply to emphasize the following points:

First, the bonus plan allowed the plaintiffs to purchase shares of the company at a price below the market price. When the plaintiffs left the company before the shares fully vested, they did not forfeit their investment; they simply lost the difference between what they had invested and the market value of the shares. The difference in the purchase price and the market value is what this controversy is about.

Court of Appeals 07/01/98
Razorback Marble Mfg. Co., Inc., v. D.D. Roberts Construction Company, Naran P. Patel, Kusum N. Patel, and Heritage Bank
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Alex W. Darnell

In this construction contract dispute, the Chancery Court of Montgomery County granted a judgment plus prejudgment interest to Razorback Marble Manufacturing Company, Inc. On appeal, Roberts Construction Company, Inc. and D. D. Roberts, Individually, raise issues pertaining to the Contractor’s Licensing statutes and the Notice of Non-Payments statute. Razorback insists that it was due a larger judgment and a greater award of prejudgment interest.

Montgomery County Court of Appeals 07/01/98
Charles F. Gaulden, and Wife, Ruth S. Gaulden, v. Robert L. Scruggs, and Wife, Joyce W. Scruggs
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Ellen Hobbs Lyle

The question in this case is whether a purchaser of mortgaged property, who pays off the mortgage, takes an assignment of the note and deed of trust, and subsequently releases the deed of trust, can then sue the original mortgagee on the note. The Chancery Court of Davidson County dismissed the action. We affirm.

Davidson County Court of Appeals 07/01/98
Bennie Day and Karen Day v. City of Decherd, Otis B. Smith, Jr., Mayor, et al. - Concurring
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge L. Curtis Smith

Property owners alleged in a petition for common law certiorari that the city of Decherd acted arbitrarily and capriciously in refusing to rezone their property from residential to commercial. The Chancery Court of Franklin County dismissed the petition. We affirm.

Franklin County Court of Appeals 07/01/98
David K. Wachtel, Jr., v. Western Sizzlin Corporation, F/K/A Franchisee Acquisition Cororation, v. David K. Wachtel, Jr. and Restaurant Management Services, Inc.
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This breach of contract case is before us on a Rule 54.02, Tenn. R. Civ. Proc. appeal. The only question for our decision is whether the trial court erred in granting the defendant’s motion for partial summary judgment on the plaintiff’s claim for certain consequential damages arising from the defendant’s breach of contract. We reverse the trial court.

Davidson County Court of Appeals 07/01/98
Consumer Advocate Division, v. Tennessee Regulatory Authority; Nashville Gas Company
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge:

This petition under Rule 12, Tenn. R. App. Proc., to review a rate making order of the Tennessee Regulatory Authority presents a host of procedural and substantive issues. We affirm the agency order.

Court of Appeals 07/01/98
Lionel L. Lulow v. Earl Poss and Carl Poss - Concurring
Authoring Judge: Judge Walter W. Bussart
Trial Court Judge: Judge Robert E. Corlew, III

This is an appeal by defendants/appellants, Earl and Carl Poss, from a decision of the chancery court in a boundary dispute. It is the Posses contention that the chancery court erred when it approved the survey  entered into evidence by the plaintiffs/appellees, Lionel and Nancy Lulow.  The diagram below, while not drawn to scale, depicts the layout of the relevant tracts of land.  Reference to this diagram will be helpful in understanding the following facts.

Cannon County Court of Appeals 07/01/98
Shelley Sackett v. Hal Roseman
Authoring Judge: Judge William B. Cain
Trial Court Judge: Muriel Robinson
This interlocutory appeal was brought to determine whether the trial court properly exercised subject matter jurisdiction pursuant to the Uniform Child Custody Joint Enforcement Act (UCCJEA).
Davidson County Court of Appeals 06/30/98
Bradson Mercantile vs. Joseph Crabtree
Authoring Judge:
Trial Court Judge:
Shelby County Court of Appeals 06/30/98