Court of Appeals Opinions

Format: 10/20/2014
Format: 10/20/2014
Dixie Millburn Selby, v. Landon Selby - Dissenting
01A01-9604-CH-00159
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge:

I concur with the court’s conclusion that the increase during the marriage of the equity in Ms. Selby’s six Glaze Court duplexes is marital property. However, I have prepared this separate opinion to address an issue concerning the valuation of this marital property that is not addressed in the main opinion. Since the trial court undervalued this interest, I would remand the case for further proceedings.

Court of Appeals 12/06/96
Dixie Millburn Selby, v. Landon Selby - Dissenting
01A01-9604-CH-00159
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge:

I concur with the court’s conclusion that the increase during the marriage of the equity in Ms. Selby’s six Glaze Court duplexes is marital property. However, I have prepared this separate opinion to address an issue concerning the valuation of this marital property that is not addressed in the main opinion. Since the trial court undervalued this interest, I would remand the case for further proceedings.

Rutherford County Court of Appeals 12/06/96
Dixie Millburn Selby, v. Landon Selby
01A01-9604-CH-00159
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Don R. Ash

This is an appeal by defendant/appellant, Landon Selby, from a decision of the chancery court which granted appellant and plaintiff/appellee, Dixie Millburn Selby, a divorce and distributed the parties' marital and separate assets. The facts out of which this case arose are as follows.

Rutherford County Court of Appeals 12/06/96
Charles E. Greer v. Correction Corporation of America, et al.
01A01-9604-CH-00150
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Robert S. Brandt

An inmate in a Tennessee prison operated by Corrections Corporation of America filed a complaint which alleged that prison guards employed by the corrections company had converted his personal property. The chancery court dismissed his complaint for failure to state a claim upon which relief can be granted. We reverse and reinstate the complaint.

Davidson County Court of Appeals 12/06/96
Knott's Wholesale Foods, Inc., v. Billy L. Azbell and J & R Foods, Inc.
01A01-9510-CH-00459
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor John W. Rollins

In this case, Defendant Billy Azbell (Azbell) appeals the trial court’s order granting summary judgment in favor of Plaintiff Knott’s Wholesale Foods, Inc. (Knott’s), finding that Azbell breached his fiduciary duty of loyalty as an employee. The trial court issued injunctive relief against Azbell and subsequently found that Azbell and defendant J & R Foods (J & R) engaged in a civil conspiracy to circumvent the injunction. Injunctive relief was issued against Azbell and J & R, and both defendants were held liable for compensatory damages, punitive damages, and attorneys’ fees. Azbell and J & R appeal. We affirm in part and reverse in part.

Court of Appeals 12/06/96
Louis A. McRedmond, Patrick J. McRedmond, Jr., and Monica McRemond Terry, on behalf of Elk Brand Mfg Co., v. Andrew Marianelli, Walter Marianell, David Manning, et al.
01A01-9412-CH-00594
Authoring Judge: Per Curiam
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

The captioned plaintiffs have appealed from a summary judgment dismissing their suit against the captioned defendants.

Davidson County Court of Appeals 12/06/96
Cynthia Albright v. Joseph L. Mercer, III
01A01-9607-CH-00333
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Henry Denmark Bell

This is an appeal by defendant/appellant, Joseph L. Mercer, III, from a decision of the Chancery Court for Williamson County awarding plaintiff/appellee, Cynthia Albright, attorney's fees of $1,000.00.

Williamson County Court of Appeals 12/04/96
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