Court of Appeals Opinions
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State of Tennessee, Upon Relation of Lloyd R. Adams, Murphy W. Ralston, and W.C. Tallant, v. City of Murfeesboro, Tennessee 01A01-9404-CH-00195 Authoring Judge: Presiding Judge Henry F. Todd Trial Court Judge: Chancellor Robert E. Corlew, III This is a suit to invalidate an annexation ordinance of the City of Murfreesboro. The plaintiff appealed from the dismissal of his suit, although neither party questioned the adequacy of the description of the land to be annexed. On October 26, 1994, this Court filed an opinion pointing out the infirmities of the ordinance and remanded to allow such infirmities to be remedied. |
Rutherford County | Court of Appeals | 11/01/95 | ||
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Kathy L. Russell and William A. Russell v. The City of Lawrenceburg 01A01-9505-CV-00200 Authoring Judge: Judge Samuel L. Lewis Trial Court Judge: Judge James L. Weatherford Defendant, City of Lawrenceburg, has appealed from the trial court's finding that the proximate cause of the accident in which plaintiffs suffered injuries and damages was the negligence of the City of Lawrenceburg's agent and employee, Officer George L. Barturen. |
Lawrence County | Court of Appeals | 11/01/95 | ||
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James William Miller, Jr., v. Sherry Prentice-Miller 01A01-9505-CH-00225 Authoring Judge: Judge Ben H. Cantrell Trial Court Judge: Judge James E. Walton In this divorce case the appellant attacks a divorce decree entered nunc pro tunc and also raises issues relating to the property division, alimony, and attorney's fees. The appellee attacks the court's division of property in accordance with an antenuptial agreement. We affirm. |
Montgomery County | Court of Appeals | 11/01/95 | ||
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Net Realty Holding Trust, v. James D. Maggart and Dorothy Maggart 01A01-9503-CH-00085 Authoring Judge: Judge Samuel L. Lewis Trial Court Judge: Chancellor C. Allen High Net Realty Holding Trust ("NET") the owners of commercial property in Hermitage, Tennessee, brought an action to collect rent after the tenants, James and Dorothy Maggart, (doing business as "The Video Place") surrendered the premises. The Davidson County Chancery Court held that NET was estopped from collecting rent through the end of the lease term. |
Davidson County | Court of Appeals | 11/01/95 | ||
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Campbell County | Court of Appeals | 10/31/95 | ||
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Hamilton County | Court of Appeals | 10/31/95 | ||
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Dempel Earps, v. Irene S. Earps, Ronnie Earps, and Greg Earps 01A01-9505-CH-00206 Authoring Judge: Judge Ben H. Cantrell Trial Court Judge: Chancellor C. K. Smith The plaintiff in the trial court claimed title to a disputed area of land by adverse possession. The chancellor found that the disputed property was not within the calls of the plaintiff's deed and that the plaintiff had failed to establish a prescriptive title by twenty years of adverse possession. We affirm. |
Macon County | Court of Appeals | 10/31/95 | ||
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CNL Insurance vs. Smith M1999-00198-COA-R3-CV Authoring Judge: Presiding Judge Alan E. Highers Trial Court Judge: Charles D. Haston, Sr. |
Warren County | Court of Appeals | 10/27/95 | ||
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William Wayne Bray, v. Wanda Lee Jones Bray 01A01-9506-CV-00228 Authoring Judge: Judge Ben H. Cantrell Trial Court Judge: Judge John A. Turnbull In this case the husband has appealed the trial judge's award of $14,750 to the wife as her share of the marital property. The trial judge made the following findings: that the husband's property had increased in value during the marriage in the amount, when added to the value of some property acquired by the parties, of $34,000; that the cattle acquired by the parties had a negative value of $4,500, leaving a net value of $29,500; that the wife had made a contribution to the preservation and appreciation of the property; that the wife had a greater need than the husband; and that the husband had a greater ability to produce income in the future. Taking the net increase in the marital estate of $29,500 the trial judge then awarded half of it to the wife. |
Clay County | Court of Appeals | 10/25/95 | ||
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Gloria Keene and husband, Edward Keene, v. Cracker Barrel Old Country Store, Inc. 01A01-9505-CV-00211 Authoring Judge: Judge Samuel L. Lewis Trial Court Judge: Judge Barbara N. Haynes This is an appeal by plaintiffs/appellants, Gloria and Edward Keene, from the trial court's order granting partial summary judgment to defendant/appellee, Cracker Barrel Old Country Store, Inc. ("Cracker Barrel"). |
Davidson County | Court of Appeals | 10/25/95 | ||
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William Barry Martin, v. Marny Anne Martin 01A01-9505-CV-00222 Authoring Judge: Presiding Judge Henry F. Todd Trial Court Judge: Judge Muriel Robinson In this divorce case, the defendant/wife has appealed from that portion of the divorce decree which granted to the plaintiff/husband sole custody of the daughter of the parties, aged 4 1/2 years at the time of judgment, 5 years at the present time. |
Davidson County | Court of Appeals | 10/25/95 | ||
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Stones River Utilities, Inc., v. Metropoltian Government of Nashville, Davidison County, Tennessee, et al. - Concurring 01-A-01-9505-CH-00217 Authoring Judge: Judge Ben H. Cantrell Trial Court Judge: Chancellor Robert S. Brandt This is a contract dispute in which the chancellor found that the uncontradicted proof showed that the plaintiff had no cause of action for the acts alleged in the complaint. We reverse on the single ground of estoppel and remand for further proceedings on that issue alone. |
Davidson County | Court of Appeals | 10/25/95 |