Court of Appeals Opinions

Format: 10/26/2014
Format: 10/26/2014
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
01A01-9605-CH-00204
Authoring Judge:
Trial Court Judge: Ellen Hobbs Lyle
Davidson County Court of Appeals 11/27/96
01A01-9510-CV-00456
Authoring Judge:
Trial Court Judge: Walter C. Kurtz
Davidson County Court of Appeals 11/27/96
City State Bank and the Bank of Sharon v. Dean Witter Reynolds, Inc. a Delaware Corporation, and Hank Franck
02A01-9504-CV-00073
Authoring Judge: Judge J. Alan Highers
Trial Court Judge:

Defendants have filed a petition to rehear which, after due consideration, is respectfully denied.

Jackson County Court of Appeals 11/25/96
Brenda Bailey Loyd, v. Wendell Ray Loyd
02A01-9504-CH-00084
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Joe C. Morris

This case involves contempt proceedings brought against Wendell Ray Loyd (“Husband”) by Brenda Bailey Loyd (“Ex-Wife”) for failure to pay alimony. The trial court found that Husband did not have the present ability to pay and therefore could not be incarcerated for contempt. We reverse and remand for further proceedings.

Madison County Court of Appeals 11/25/96