Court of Appeals Opinions

Format: 12/13/2017
Format: 12/13/2017
Charles F. Gaulden, and Wife, Ruth S. Gaulden, v. Robert L. Scruggs, and Wife, Joyce W. Scruggs
01A01-9708-CH-00417
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
01-A-01-9708-CH-00442
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.
01A01-9708-CH-00396
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
01A01-9708-BC-00391
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
01-A-01-9509-CH-00399
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
M2002-00587-COA-R9-CV
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
02A01-9710-CV-00272
Authoring Judge:
Trial Court Judge:
Shelby County Court of Appeals 06/30/98
02A01-9707-CH-00157
Authoring Judge:
Trial Court Judge: W. Michael Maloan
Obion County Court of Appeals 06/30/98
Henry Collier vs. Methodist Hosp., et al
02A01-9607-CV-00165
Authoring Judge:
Trial Court Judge: Dick Jerman, Jr.
Haywood County Court of Appeals 06/30/98
Connatser vs. Connatser
03A01-9801-CV-00005
Authoring Judge:
Trial Court Judge:
Court of Appeals 06/29/98
King vs. King
03A01-9710-CH-00441
Authoring Judge:
Trial Court Judge:
Court of Appeals 06/29/98
Moore vs. Feathers
03A01-9802-CV-00063
Authoring Judge:
Trial Court Judge:
Court of Appeals 06/26/98
City of Knox vs. Garuin
03A01-9801-CV-00038
Authoring Judge:
Trial Court Judge:
Court of Appeals 06/26/98