Court of Appeals Opinions

Format: 02/08/2016
Format: 02/08/2016
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
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
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
In re: Estate of Maple Ione Stocks, Gwyneth J. Huges, and Linda Lyons, Co-Administratrices C.T.A., v. Anna Gayle Ironside and William A. Grisham
02A01-9612-CH-00310
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor W. Michael Maloan

This appeal arises from the probate of the Last Will and Testament of Maple Ione Stocks (Stocks) in the Chancery Court of Obion County. The co-administratrices C.T.A., Gwyneth J.
Hughes (Hughes) and Linda Lyons (Lyons), appeal the order of the chancery court vacating the 2 order admitting Stocks’s will to probate because of a lack of jurisdiction and/or venue, which was made final pursuant to Tenn. R. Civ. P. 54.02.

Obion County Court of Appeals 08/01/97
Mall of Memphis Associates vs. Tennesse State Board of Equalization, et al., - Concurring
02A01-9609-CH-00214
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Chancellor D. J. Alissandratos

This appeal involves a constitutional challenge by the Mall of Memphis  Associates (the Mall) to an increase in its property value by the Assessor of Property for Shelby County, Tennessee (the Assessor). The respondents, Tennessee State Board of Equalization (the Board) and Rita C. Clark,1 the Assessor, appeal the judgment of the chancery court voiding an increase in the property assessment for the petitioner, the Mall. The chancery court held that the Board’s reappraisal of the Mall’s property violated the Mall’s Fourteenth Amendment rights of equal protection under the United States Constitution.

Shelby County Court of Appeals 08/01/97
Hal Angus, D/B/A, Hal Angus Demolition, v. City of Jackson
02A01-9509-CV-00208
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Whit A. Lafon

In this case, a demolition company filed a lawsuit against the City of Jackson for breaching an alleged implied contract between the two parties by failing to mail the plaintiff demolition company invitations to bid on demolition projects. The trial court granted the City’s motion for summary judgment, and the plaintiff appealed. We affirm.

Madison County Court of Appeals 08/01/97
David Wayne Gurien, v. Allstate Insurance Company
01A01-9610-CH-00459
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

In this breach of contract case, David Wayne Gurien (“Plaintiff”) filed suit against Allstate Insurance Company (“Defendant”) for Defendant’s failure to compensate him for the theft of his automobile pursuant to the terms of the insurance contract that he had with the Defendant. The trial court awarded Plaintiff $18,300.00 in compensatory damages and $4,575.00 for the Defendant’s bad faith refusal to pay under the terms of the insurance contract. A motion to alter or amend resulted in an adjustment of compensatory damages to $17,300.00 to account for the deductible. The issues on appeal relate only to the award of the bad faith penalty.
 

Davidson County Court of Appeals 08/01/97
Keisler vs. Keisler
03A01-9704-CH-00119
Authoring Judge:
Trial Court Judge:
Court of Appeals 07/31/97
03A01-9703-CH-0096
Authoring Judge:
Trial Court Judge:
Court of Appeals 07/31/97
Billie Mclemore vs. J.W. Powell & Raymond Nelson
02A01-9702-CH-00030
Authoring Judge:
Trial Court Judge: George R. Ellis
Gibson County Court of Appeals 07/31/97
Karen Sullivan vs. Baptist Memorial Hospital, et al
02A01-9610-CV-00237
Authoring Judge:
Trial Court Judge: Karen R. Williams
Court of Appeals 07/31/97
Andrea Johnson vs. Clinisson Johnson
02A01-9608-CH-00194
Authoring Judge:
Trial Court Judge: Joe C. Morris
Court of Appeals 07/31/97
Elizabeth South vs. Elwin South
02A01-9703-CV-00054
Authoring Judge:
Trial Court Judge: D'Army Bailey
Shelby County Court of Appeals 07/30/97
Mary Johnson vs. Luther Johnson
02A01-9609-CH-00210
Authoring Judge:
Trial Court Judge: George R. Ellis
Gibson County Court of Appeals 07/30/97