Court of Appeals Opinions

Format: 03/25/2017
Format: 03/25/2017
Scenic Helicopters, Inc., Scenic Helicopter Rides , Limited, v. City of Sevierville, Tennessee
03A01-9709-CH-00439
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge Chester S. Rainwater, Jr.

This complaint sought a writ of mandamus to require the City to issue a sign permit, or, alternatively, to review the action of the City in denying the application for a permit. The Chancellor found that the action of the Board of Zoning Appeals in denying the permit was arbitrary and ordered the issuance of the permit. We affirm.

Sevier County Court of Appeals 03/03/98
Russell Keith Berry v. Bryan Lee Berry and Paula Faye Berry
03A01-9707-CH-00410
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Lewis W. May, Jr.

Plaintiff Russell Keith Berry, brought this action on behalf of himself and his grandmother. He alleged that his grandmother, Lorena Beryl Berry, is mentally incompetent and physically ill and that the defendants, his brother and sister-in-law, gained unfair advantage of her incompetency by fraudulently taking control of all her worldly possessions. The plaintiff also alleged the defendants converted his personal property while he was incarcerated. Defendants move for summary judgment. The motion was granted and the complaint dismissed. This appeal resulted. We find there are genuine issues of material fact and revers the trial court's judgment.

Carter County Court of Appeals 03/03/98
Interstate Mechanical Contractors, Inc., v. MCH Partners: Jimmy R. Reagan, d/b/a Precision Construction Company, et al. - Concurring
03A01-9706-CH-00234
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Chester S. Rainwater

This appeal involves a payment dispute between the plaintiff, Don Conseen, a subcontractor doing business as DC Service & Sales, and defendants Jimmy R. Reagan and Howard Sexton, doing business as Precision Construction Company, a general contractor. Plaintiff sued for payment for construction work which he testified was requested and approved by defendants, and for which he was promised payment by the defendants. An evidentiary hearing was held. The defendants presented no proof at trial. The chancellor granted plaintiff a judgment for $19, 267.45, the amount sought by the plaintiff. The defendants appealed. We affirm the judgment of the trial court.

Sevier County Court of Appeals 03/03/98
Alexander Jackson Bullard vs. The City of Chattanooga Fireman's & Policeman's Insurance & Pension Fund Board - Concurring
03A01-9705-CH-00193
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor Howell N. Peoples

In this action plaintiff sought job-related disability benefits from his pension plan, administered by the City of Chattanooga Firemen’s and  Policemen’s Insurance and Pension Fund Board (“Board”). The Board, after an evidentiary hearing, voted 3 to 2 to deny benefits. An appeal was taken to the Chancery Court, and the Chancellor overturned the decision of the Board and awarded benefits. For reasons hereinafter stated we affirm and adopt from the Chancellor’s Opinion.

Hamilton County Court of Appeals 03/03/98
Meese & Associates, Inc., v. Eddie Powers and David Hicks, Rebecca Car Kirklin, v. Meese Associates, Inc.
03A01-9705-CH-
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Billy Joe White

Plaintiff, Meese & Associates, Inc. (“plaintiff”), appeals the judgment of the trial court 2 awarding Intervening Plaintiff/Appellee, Rebecca Kirklin (“Kirklin”), the real estate commission for the sale of Defendants/Appellees’, Eddie Powers (“Powers”) and David Hicks (“Hicks”) (collectively “defendants”), property by Kirklin. For reasons stated hereinafter, we reverse the decision of the trial court and remand.

Campbell County Court of Appeals 03/03/98
David E. Lind, et ux. Myra Gwinn Lind, v. Allen M. Well, Clyde N. Well, and Aster Vance Webb
03A01-9710-CH-00473
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge:

In this boundary line dispute the defendants appeal from a judgment in favor of plaintiffs, insisting that the evidence established their right to the disputed area by adverse possession.

Knox County Court of Appeals 03/02/98
Harold P. Cousins, D/B/A Cousins Construction, v. MK Ferguson of Oak Ridge Company
03A01-9709-CV-00435
Authoring Judge: Senior Judge WIlliam H. Inman
Trial Court Judge: Judge James B. Scott, Jr.

This is an action to recover profits the plaintiff contractor alleges he would have made had he been allowed to construct an additional four warehouses similar in design and usage to a fifth warehouse he constructed and for which he was paid.

Court of Appeals 03/02/98
) Hon. Frank v. Williams, Iii,
O3A01-9708-CH-00321
Authoring Judge:
Trial Court Judge:
Roane County Court of Appeals 02/27/98
03A01-9709-CV-00444
Authoring Judge:
Trial Court Judge:
Knox County Court of Appeals 02/27/98
Walker vs. Exchange
03A01-9709-CV-00402
Authoring Judge:
Trial Court Judge:
Court of Appeals 02/27/98
Witt vs. Tennessee
03A01-9709-CH-00400
Authoring Judge:
Trial Court Judge:
Bradley County Court of Appeals 02/27/98
03A01-9708-CV-OO331
Authoring Judge:
Trial Court Judge:
Anderson County Court of Appeals 02/27/98
Copas vs. Copas
03A01-9708-CV-00375
Authoring Judge:
Trial Court Judge:
Sevier County Court of Appeals 02/27/98