Court of Appeals Opinions

Format: 05/01/2016
Format: 05/01/2016
Phelps vs. The TN. Bd. of Paroles
01A01-9603-CH-00103
Authoring Judge:
Trial Court Judge: Henry F. Todd
Court of Appeals 11/19/97
Phelps vs. The TN. Bd. of Paroles
01A01-9603-CH-00103
Authoring Judge:
Trial Court Judge: Robert S. Brandt
Davidson County Court of Appeals 11/19/97
Bellsouth Telecommunications vs. TN. Regulatory Authority
01A01-9601-BC-00008
Authoring Judge:
Trial Court Judge:
Court of Appeals 11/19/97
Nilsen vs. Black
01A01-9705-CH-00212
Authoring Judge:
Trial Court Judge: Alex W. Darnell
Montgomery County Court of Appeals 11/19/97
03A01-9704-CH-00133
Authoring Judge:
Trial Court Judge:
Greene County Court of Appeals 11/18/97
Pratt vs. Smart
03A01-9701-CV-00024
Authoring Judge:
Trial Court Judge:
Knox County Court of Appeals 11/18/97
Charles Fossett vs. State of TN
02A01-9703-BC-00061
Authoring Judge:
Trial Court Judge:
Court of Appeals 11/18/97
Charter Oak Fire Ins. Co. v. Lexington Ins. Co.
M2002-01752-COA-R3-CV
Authoring Judge: Judge Don R. Ash
Trial Court Judge: Irvin H. Kilcrease, Jr.
On November 16, 1997, a fire destroyed a Chili's Restaurant ("Chili's") in Nashville, Tennessee. At the time of the fire, the premises were owned and operated by RMR Investments and Gower Center, Ltd. ("RMR/Gower") and leased to Chili's. Under a 20-year lease agreement, Chili's agreed to insure the improvements against loss or damage by fire and other casualties and to insure against property damage and public liability arising out of occurrences on the premises. RMR/Gower was to be named as a loss payee or additional insured under the insurance policies obtained by Chili's. According to the lease, in the event the premises and/or the improvements were destroyed by fire or other casualty, Chili's had the option to terminate the lease, and all insurance proceeds were to be paid to RMR/Gower, except for the portion payable to Chili's for loss of personal property. Pursuant to the lease agreement, Chili's obtained insurance coverage through Lexington Insurance Company ("Lexington"). The certificate of insurance dated December 5, 1997 listed RMR/Gower as certificate holder and named RMR/Gower as additional insured. After the fire, Chili's elected to terminate the lease agreement due to the condition of the premises. Lexington paid the proceeds for the loss of the building to RMR/Gower, less amounts paid to Chili's for loss of personal property. RMR/Gower submitted an additional claim for damages it incurred for the loss of rental income and other charges it would have otherwise collected from Chili's. This claim was denied by Lexington. RMR/Gower then submitted a claim to its insurer Charter Oak Fire Insurance Company ("Charter Oak") for the loss of rental income, which Charter Oak paid. After Lexington refused to reimburse Charter Oak for the amounts it paid RMR/Gower for the loss of rental income, Charter Oak filed suit against Lexington for breach of contract under the theory of third party beneficiary. Parties filed cross motions for summary judgment. On June 26, 2002, the trial court granted Lexington's summary judgment motion and denied Charter Oak's motion. Notice of this appeal soon followed. For the reasons set forth below, the order of the trial court is reversed in part and affirmed in part.
Davidson County Court of Appeals 11/16/97
State of Tennessee Department of Human Services, v. Sylvia Fetterolf Ford, and Stanley Fetterolf
01A01-9704-JV-00171
Authoring Judge: Judge Walter W. Bussart
Trial Court Judge: Judge John Hudson

This is an appeal by respondents/appellants, Stanley Fetterolf and Sylvia Fetterolf Ford, from a decision of the Putnam County Juvenile Court terminating their parental rights. Ms. Ford argues petitioner/appellee, State of Tennessee Department of Human Services (“Department”), filed its petition for termination of parental rights in the wrong court and contends the proper venue was the Overton County Juvenile Court which had handled the initial custody proceedings.1 The pertinent facts are as follows.

Putnam County Court of Appeals 11/14/97
03A01-9704-CV-00111
Authoring Judge:
Trial Court Judge:
Hamilton County Court of Appeals 11/14/97
Harris Hughes Jr. vs. TN Seeds, et al
02A01-9611-CV-00290
Authoring Judge:
Trial Court Judge: Dick Jerman, Jr.
Haywood County Court of Appeals 11/14/97
Susie Buchanan vs. Memphis Light, etc.
02A01-9610-CV-00245
Authoring Judge:
Trial Court Judge: James E. Swearengen
Shelby County Court of Appeals 11/14/97
Mississippi Farm Mutual vs. Latonia & Thomas Jones
02A01-9607-CV-00151
Authoring Judge:
Trial Court Judge: George H. Brown
Shelby County Court of Appeals 11/14/97
City of Memphis vs. Civil serv. Comm., et al
02A01-9607-CH-00158
Authoring Judge:
Trial Court Judge: C. Neal Small
Shelby County Court of Appeals 11/14/97