Court of Appeals Opinions

Format: 09/03/2015
Format: 09/03/2015
Southeast Drilling & Blasting Services vs. BRS Construction Co.
01A01-9706-CH-00272
Authoring Judge:
Trial Court Judge: Don R. Ash
Court of Appeals 07/16/97
Droussoitis vs. Damrron, et. al.
01A01-9612-CV-00548
Authoring Judge:
Trial Court Judge: J. S. Daniel
Rutherford County Court of Appeals 07/16/97
Jenkins vs. Jenkins
01A01-9609-CV-00399
Authoring Judge:
Trial Court Judge: John W. Rollins
Coffee County Court of Appeals 07/16/97
Curtis vs. Curtis
01A01-9508-CV-00385
Authoring Judge:
Trial Court Judge: Muriel Robinson
Davidson County Court of Appeals 07/16/97
Tomlin, a minor., et. al. vs. Warren,
01A01-9702-CV-00067
Authoring Judge:
Trial Court Judge: Barbara N. Haynes
Davidson County Court of Appeals 07/16/97
Reliance Insurance Co. vs. WSN Leasing, Inc.
01A01-9612-CV-00552
Authoring Judge:
Trial Court Judge: Thomas W. Brothers
Davidson County Court of Appeals 07/16/97
State vs. Gray
M1998-00256-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Gale B. Robinson
The sole remaining question in this appeal is whether in October of 1998 the General Sessions Court of Davidson County had jurisdiction over a contempt warrant issued for violating the Davidson County Circuit Court's order of protection. We affirm the General Sessions Court's exercise of jurisdiction.
Davidson County Court of Appeals 07/11/97
Carolyn Franklin and Edward J. Franklin v. Rebecca A. Kimberly, et. al. - Concurring
01A01-9701-CV-00009
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Judge William B. Cain

This is an appeal from an interlocutory ruling which the Trial Judge rendered final as provided by TRCP Rule 54.02. The controversy on appeal is between St. Paul Insurance Company, a/k/a Economy Fire and Casualty Company, (hereafter St. Paul), and Tennessee Farmers Mutual Insurance  Company (hereafter Tennessee Farmers). The plaintiffs have filed a brief in support of their interest in the disposition of the appeal.

Maury County Court of Appeals 07/09/97
Tom Milligan and wife Louise Millgan v. Curtis George and wife Wilma George
01A01-9609-CH-00406
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Robert E. Corlew, III

This interlocutory appeal involves a boundary line dispute between neighbors who live along Wilmouth Creek in Cannon County. Following inconclusive litigation between two of their neighbors, the owners of one of the tracts filed a boundary line action in the Chancery Court for Cannon County against the owners of one of the adjoining tracts that had been involved in the earlier litigation. The defending landowners moved to dismiss the complaint on the ground that the decision in the earlier litigation was res judicata as to the plaintiff landowners’ claims. The trial court denied the motion but grante permission to seek an interlocutory appeal. We granted the application for permission to appeal and now affirm the denial of the motion to dismiss because the parties in this case and the former case are not the same.

Cannon County Court of Appeals 07/09/97
In re: Estate of Ora Sloan Blankenship, Deceased, Katherine Sloan Braden and Steve Sloan, v. Billie Ann Gann
01A01-9607-CV-00290
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge William Harbison

This matter appears appropriate for consideration pursuant to Rule 10(a) of the Rules of the Court of Appeals of Tennessee.1 In this case, the decedent, Ora Sloan Blankenship (“Blankenship”), 84 years old, died on June 24, 1994. Subsequently, a petition was filed to probate Blankenship’s alleged holographic will. The purported holographic will named one of Blankenship’s sisters, Kathryn Braden (“Braden”) and Blankenship’s nephew, Steve Sloan (“Sloan”) as co-representatives of the estate.

Davidson County Court of Appeals 07/09/97
Shirley Jean McCracken and Alan McCracken, et. al., v. Brentwood United Methodist Church
01A01-9511-CV-00531
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Cornelia A. Clark

This appeal involves a woman who broke both ankles in a fall at church. The woman and her husband filed suit in the Circuit Court for Williamson County against the church and others. The trial court granted the church’s motion for summary judgment based on the statute of limitations and the joint enterprise rule.The woman and her husband perfected this appeal after obtaining post-judgment relief from an inappropriate interlocutory appeal. We have determined that the trial court properly granted the post-judgment relief but erred in summarily dismissing the complaint.

Williamson County Court of Appeals 07/09/97
Mid-State Trust, IV v. Randall W. Swift
01A01-9703-CV-00145
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Leonard W. Martin

This is an appeal by defendant/appellant, Randall W. Swift, from the decision of the Cheatham County Circuit Court dismissing his appeal from the general sessions court. The facts out of which this matter arose are as follows

Cheatham County Court of Appeals 07/09/97
Susanna Gillespie, A/K/A Susanna Grezegorcyk, A/K/A Susanna Kantack A/K/A Susanna Gregg, v. Stephen D. Graham and Lori G. Graham
01A01-9702-CH-00083
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Henry Denmark Bell

This is an appeal from the decision of the Williamson County Chancery Court. Plaintiff/appellant, Susanna Gregg, claims the chancery court erred when it denied her claim to attorney’s fees, and defendant/appellee, Steven D. Graham, claims the chancery court erred when it failed to dismiss the claim as outside the statute of limitations. The facts out of which this matter arose are as follows: Defendant and his ex-wife, Lori G. Graham, entered into an agreement with Plaintiff and her husband, Donald Kanatack, for the lease/purchase of a piece of real estate. Defendant executed a note and a deed of trust in favor of Plaintiff and her husband on 15 March 1986. In exchange for the note, Plaintiff and her husband gave Defendant and Ms. Graham $10,477.17, which they used to pay real estate commissions and to set up an escrow account for repairs. The note listed the date of maturity as “on or at closing,” and the lease/purchase agreement listed the date of closing as 17 February 1988. Both the note and the deed contained provisions allowing Plaintiff to recover attorney’s fees if Plaintiff had to file suit to recover under each agreement. At the time of execution, however, the parties modified the note by drawing an “X” over five consecutive paragraphs. One of these paragraphs included the provision allowing the note holder to recover costs and expenses under certain circumstances.1 The parties failed to pay the note on 17 February 1988. The parties extended the original lease/purchase agreement for an additional year by executing an addendum on 27 May 1988. The new closing date passed without incident and both parties continued as they had in the contract for two additional years. A fire occurred on the property in 1990 while Plaintiff still occupied it.  After the insurance company paid the settlement to Defendant, he evicted Plaintiff from the property.

Williamson County Court of Appeals 07/09/97