Court of Appeals Opinions

Format: 08/31/2015
Format: 08/31/2015
William Key vs. Julian Bolton, et al
02A01-9703-CR-00072
Authoring Judge:
Trial Court Judge: Chris B. Craft
Shelby County Court of Appeals 08/13/97
Tate vs. TN. Bd. of Paroles & Myers
01A01-9703-CV-00156
Authoring Judge:
Trial Court Judge: Ben H. Cantrell
Davidson County Court of Appeals 08/13/97
Kireyczyk, et. al. vs. MF Athletic Club
01A01-9612-CV-00549
Authoring Judge:
Trial Court Judge:
Court of Appeals 08/13/97
Young vs. Young
01A01-9610-CH-00473
Authoring Judge:
Trial Court Judge: Don R. Ash
Rutherford County Court of Appeals 08/13/97
01A01-9702-
Authoring Judge:
Trial Court Judge: Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 08/13/97
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Greene County Court of Appeals 08/12/97
Roulette v. Roulette
03A01-9701-GS-00010
Authoring Judge:
Trial Court Judge:
Court of Appeals 08/12/97
02A01-9607-CH-00173
Authoring Judge:
Trial Court Judge: William Michael Maloan
Weakley County Court of Appeals 08/12/97
Allen D. Curtis and wife, Carolyn June Curtis, v. William M. Rice, and Rice & Papuchis Construction Company, Inc.
01A01-9605-CH-00211
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Tom E. Gray

This is an appeal by plaintiffs/appellants, Allen D. Curtis and his wife, Carolyn June Curtis, from a decision of the chancery court which dissolved the partnership formed between Curtis and
defendant/appellee, William M. Rice, and which distributed the partnership's assets.1 The facts out of which this matter arose are as follows.

Sumner County Court of Appeals 08/10/97
Ray Darris Thompson v. Stanley Dickerson, et al.
02A01-9702-CV-00034
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Karen R. Williams

Plaintiff, Ray Darris Thompson, appeals the order of the trial court dismissing his
complaint against the defendants, Stanley Dickerson, Betty Hammond, Vernon Brown, June Wesson, Bruce MacDonald, and Christine Bradley, for failure to prosecute.

Shelby County Court of Appeals 08/10/97
Robert E. Evans, v. Amcash Mortgage Company, Inc.
01A01-9608-CV-00386
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Thomas W. Brothers

In this defamation action, Robert Evans (“Plaintiff”) filed suit against Amcash Mortgage Company, Inc. (“Defendant”) and Franklin American Life Insurance Company1 for an alleged defamatory statement made by Defendant’s attorney to one of Defendant’s employees. In granting the Defendant’s motion for partial summary judgment, the trial court dismissed Franklin American Corporation from the suit, dismissed Plaintiff’s claims against Defendant under a theory of “slander by action,” and held that a genuine issue of material fact existed as to whether the statement made by Defendant’s attorney to one of Defendant’s employees regarding the reason for Plaintiff’s employment termination is subject to a qualified privilege. Defendant appeals the judgment of the court below arguing that the trial court erred in denying Defendant’s motion for summary judgment regarding the statement made by Defendant’s attorney to one of Defendant’s employees concerningthe reason for Plaintiff’s employment termination because the statement is subject to a qualified privilege and is not defamatory in nature. For the reasons stated hereafter, we reverse the judgment of the trial court and hold that the statement made by Defendant’s attorney to one of Defendant’s employees regarding the reason for Plaintiff’s employment termination is subject to a qualified privilege and is not defamatory.

Court of Appeals 08/10/97
Brian David McCray, v. Irene Carol Klanseck McCray
01A01-9612-CH-00553
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Jim T. Hamilton

The husband sued for absolute divorce, claiming cruel and inhuman treatment and irreconcilable differences. The wife denied that her husband was entitled to a divorce, and she counterclaimed for a divorce from bed and board. After a hearing, the trial court dismissed the husband’s complaint and awarded the wife a divorce from bed and board and custody of the four minor children. The husband was ordered to pay alimony in futuro, child support and attorney fees.

Maury County Court of Appeals 08/10/97
The Terminix International Company, L.P. v. Stephen Tapley and Denford Tapley
02A01-9701-CH-00028
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor Neal Small

This appeal arises out of an action brought by a company to enforce covenants not to compete against two former employees. Plaintiff, The Terminix International Company, L.P. (Terminix), appeals from the order of the trial court setting aside the default judgment against the defendants, Stephan Tapley and Denford Tapley (the Tapleys), dismissing the action for lack 2 of venue, and dismissing the petitions to hold the Tapleys in contempt for violating a permanent injunction.

Shelby County Court of Appeals 08/04/97