Court of Appeals Opinions

Format: 10/23/2017
Format: 10/23/2017
Moser vs. Dept. of Transp., et. al .
01A01-9707-CH-00317
Authoring Judge:
Trial Court Judge: Carol L. Mccoy
Davidson County Court of Appeals 04/15/98
Holt vs. Lewis
01A01-9707-PB-00314
Authoring Judge:
Trial Court Judge: Frank G. Clement, Jr.
Davidson County Court of Appeals 04/15/98
Pardue, Jr. vs. Metro Gov't
01A01-9707-CH-00312
Authoring Judge:
Trial Court Judge: Carol L. Mccoy
Davidson County Court of Appeals 04/15/98
Erwin, et. ux. vs. Lovell, et. al.
01A01-9706-CV-00248
Authoring Judge:
Trial Court Judge: William B. Cain
Maury County Court of Appeals 04/15/98
Friar vs. Kroger
03A01-9710-CV-00470
Authoring Judge:
Trial Court Judge:
Anderson County Court of Appeals 04/14/98
Quarles vs. Shoemaker
03A01-9708-CH-00370
Authoring Judge:
Trial Court Judge:
Hamilton County Court of Appeals 04/14/98
Steven Cobb v. Joseph Vinson, et al.
02A01-9707-CV-00144
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge R. Lee Moore Jr.

Stephen Cobb (“petitioner”) filed a pro se Petition for Writ of Certiorari in the Circuit Court of Lake County against Joseph Vinson, Chairman of the Lake County Regional Correctional Facility disciplinary board (“LCRCF”); Billy Compton, warden of LCRCF; and Donal Campbell (“commissioner”), commissioner of the Tennessee Department of Correction (collectively “respondents”) seeking court review of actions taken by the prison disciplinary board, prison warden, and department commissioner. Due process violations resulting therefrom were also alleged. The trial court granted respondents’ motion for dismissal for improper venue and petitioner has appealed. On appeal, a single issue was presented for our review: whether the trial court erred in granting respondents’ motion to dismiss for improper venue. For reasons state hereinafter, we reverse the judgment of the trial court and remand.

Lake County Court of Appeals 04/10/98
Rovene Lowe, v. Winnie Sue Sanders Cannon and husband, Robert Cannon
02A01-9707-CH-00147
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor John Walton West

This is a suit to establish a resulting trust and to recover for the breach thereof. Plaintiff/Appellee Rovene Lowe (Lowe) brought suit alleging a resulting trust and seeking damages arising from an alleged breach by Defendants/Appellants Winnie Sue Sanders Cannon  (Mrs. Cannon) and Robert Cannon (Mr. Cannon).  Charles Sanders died in 1990. The trial court found that Lowe had proven the existence of a resulting trust and that the Cannons had breached the trust. Consequently, the trial court awarded Lowe $15,840 in damages. The Cannons appeal.

Henry County Court of Appeals 04/08/98
Kerry Garland v. Jim Bonner and d/b/a EZA Aqua Glass Pools; Ken Hopkins and Pam Hopkins v. Jim Bonner and d/b/a EZA Aqua Glass Pools - Concurring
01A01-9710-CV-00570
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge William B. Cain

This is an appeal of two cases consolidated for trial. Both cases originated in the General Sessions Court of Maury County, Tennessee and are styled as follows:

Ken Hopkins and wife Pam Hopkins,
Plaintiffs,
vs.
Jim Bonner, Individually and d/b/a
EZA Aquaglass Pools,
Defendant.
___________________________________
Kerry Garland,
Plaintiff,
vs.
Jim Bonner, individually and d/b/a
EZA Aquaglass Pools,
Defendant.

Maury County Court of Appeals 04/08/98
Carver Plumbing Company v. Martha Cone Beck
01A01-9708-CV-00377
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Walter C. Kurtz

Plaintiff Carver Plumbing Company, Inc. (Carver Plumbing), appeals the trial court’s order entering summary judgment in favor of Carver Plumbing’s former attorney, Defendant/Appellee Martha Cone Beck (Beck). We reverse the trial court’s judgment based on our conclusion that a genuine issue of material fact exists as to whether Carver Plumbing’s action against Beck is barred by the one-year statute of limitations applicable to legal malpractice actions.

Davidson County Court of Appeals 04/08/98
Gail Joan Hollen Ritchie v. David Anthony Ritchie
01A01-9708-CH-00425
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Robert E. Burch

This is an appeal from a divorce decree in which the only issue is which parent should have principal custody of Luke, the minor child of the parties who was born July 13, 1993. The divorce decree of the Trial Court granted principal custody to the father, and the mother appealed to this Court. Her sole issue on appeal is: The Trial Court erred in denying Plaintiff/Appellant primary custody of the minor child of this marriage.

Houston County Court of Appeals 04/08/98
The Oak Ridge Boys, Inc., v. Steve H. Sanders, et. al.
01A01-9708-CH-00401
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Tom E. Gray

This is an unemployment compensation case. Plaintiff, The Oak Ridge Boys, Inc., appeals the order of the trial court which affirmed the decision of the Board of Review of the Tennessee Department of Employment Security to award benefits to Steve Sanders.
 

Sumner County Court of Appeals 04/08/98
Est. of John B. Ferguson, Jr., Deceased, and John and Patricia Sylawa, v. First American Trust Company, N.A., Executor
01A01-9707-PB-00313
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Frank G. Clement, Jr.

This is a will contest case involving a succession of wills, disputes as to the testamentary capacity of the testator at the time of the making of each of the wills, and the standing of the contestants. At the present stage of the proceedings, the contestants are in the position of plaintiffs, because they initiated the contest.

Davidson County Court of Appeals 04/08/98