Court of Appeals Opinions

Format: 08/30/2014
Format: 08/30/2014
Elizabeth Ann Boutin, v. Francis John Boutin
01A01-9601-CH-00014
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Henry Denmark Bell

This appeal involves a provision in a marital dissolution agreement requiring the father to prepay his child support. Upon discovering that one of his children had decided not to complete high school, the father stopped paying the agreed amount of child support and filed a petition to terminate his child support obligation on the ground that the prepayment agreement was premised on the children’s continued enrollment in high school. The Chancery Court for Williamson County denied the petition, and the father perfected this appeal. We have determined that the trial court correctly enforced the amended marital dissolution agreement and accordingly affirm the judgment as modified herein.

Williamson County Court of Appeals 12/04/96
Colemill Enterprises, Inc., v. Joe Huddleston, Commissioner of Tennessee Department of Revenue
01A01-9605-CH-00218
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This is an appeal by plaintiff/appellant, Colemill Enterprises, Inc. ("Colemill"), from a decision of the chancery court which affirmed the determination of defendant/appellee, Joe Huddleston, Commissioner of the Tennessee Department of Revenue ("Commissioner"), that Colemill owed certain state and local sales and use taxes. The facts out of which this matter arose are as follows.

Davidson County Court of Appeals 12/04/96
Allen D. Curtis, and Carolyn June Rice, v. William M. Rice, and Rice & Papuchis Construction Company, Inc.
01A01-9605-CH-00211
Authoring Judge:
Trial Court Judge: 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 12/04/96
Freddy Lee Jones v. Michael Greene, Commissioner Tennessee Department of Safety
01A01-9505-CH-00187
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal involves over $45,000 seized during the search of a house in Memphis for illegal drugs. After the Commissioner of Safety ordered the forfeiture of the money, the person claiming the funds filed a petition for review in the Chancery Court for Davidson County asserting that the forfeiture statutes deprived him of his constitutional right to a jury trial and violated the Equal Protection and Due Process Clauses of the United States and Tennessee Constitutions. The trial court upheld the forfeiture statutes and the forfeiture, and this appeal followed. We have determined that Tennessee’s forfeiture statutes are constitutional and that the record contains substantial and material evidence supporting the commissioner’s forfeiture order. Accordingly, we affirm the judgment.

Davidson County Court of Appeals 12/04/96
Sandra L. Garfinkel, v. Charles Leonard Garfinkel
02A01-9511-CH-00265
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor John Walton West

This is a divorce case in which the trial court awarded custody of the parties’ minor children
to Plaintiff/Appellee, Sandra Garfinkel (Wife), with standard visitation to Defendant/Appellant,
Charles Garfinkel (Husband). Husband was ordered to pay child support and rehabilitative alimony for a period of one year. The trial court also held that Wife had not established any appreciation in the value of Husband’s separate property during the course of the marriage. Husband appeals the trial court’s rulings on child custody, child support and alimony. Wife appeals the trial court’s decision regarding Husband’s separate property. We affirm on all issues.

Henry County Court of Appeals 12/03/96
Rainbo Baking Company of Louisville, a Delaware Corporation, v. Release Coatings of Tennessee, Inc.
02A01-9510-CH-00223
Authoring Judge: Senior Judge Hewitt P. Tomlin
Trial Court Judge: Chancellor D. J. D'Allisandratos

Rainbo Baking Company of Louisville (“Rainbo”) filed suit in the Chancery Court of Shelby County against Release Coatings of Tennessee, Inc. (“Release”) seeking compensatory damages from Release for damages allegedly sustained by Rainbo as a result of the improper straightening of a large quantity of baking pans used by it in its bakery business. The suit contained a count in negligence and a count in breach of contract. Release filed a counter-claim seeking to recover from Rainbo the balance due it for work performed. Following a bench trial, the court issued an opinion from the bench. In this opinion the court found that upon the evidence presented, Release was liable to Rainbo. However, the court specifically stated that it did not find that Rainbo had carried its burden of proof as to damages. The court ordered a reference to the Master to give Rainbo an opportunity to present additional proof as to damages, with Release being given an opportunity to present countervailing proof if desired. Following the Master’s hearing, a report was submitted to the chancellor in which the value of Rainbo’s pans was stated. The Master’s report was affirmed and judgment entered thereon in favor of Rainbo. The chancellor dismissed the counterclaim of Release against Rainbo. Release has raised three issues on appeal: did the 2 chancellor err in: (1) awarding a judgment against Release when Rainbo failed to prove its case; (2) the manner of determining the amount of damages sustained by Rainbo; and (3) failing to find for Release on its counter-claim. For the reasons hereinafter stated, we modify and affirm the trial court.

Shelby County Court of Appeals 12/03/96
Debbie VanCleave, v. Matthew Markowski and Diane Markowski
02A01-9602-CV-00035
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Whit A. Lafon

This matter appears appropriate for consideration pursuant to Rule 10(b) of the Rules of the
Court of Appeals of Tennessee.

Madison County Court of Appeals 12/02/96
01A01-9608-CH-00365
Authoring Judge:
Trial Court Judge:
Court of Appeals 11/27/96
01A01-9608-CH-00363
Authoring Judge:
Trial Court Judge:
Court of Appeals 11/27/96
01A01-9606-CV-00270
Authoring Judge:
Trial Court Judge: Thomas Goodall
Sumner County Court of Appeals 11/27/96
01A01-9603-CH-00128
Authoring Judge:
Trial Court Judge: William B. Cain
Maury County Court of Appeals 11/27/96
01A01-9606-CH-00285
Authoring Judge:
Trial Court Judge: Allen W. Wallace
Cheatham County Court of Appeals 11/27/96
01A01-9606-CH-00254
Authoring Judge:
Trial Court Judge: Robert S. Brandt
Davidson County Court of Appeals 11/27/96