Court of Appeals Opinions

Format: 04/17/2014
Format: 04/17/2014
01A01-9603-CH-00105
Authoring Judge:
Trial Court Judge: Joe C. Loser
Maury County Court of Appeals 08/16/96
02A01-9506-CH-00127
Authoring Judge:
Trial Court Judge:
Shelby County Court of Appeals 08/15/96
02A01-9501-CH-00006
Authoring Judge:
Trial Court Judge: Hansel J. Mcadams
Henry County Court of Appeals 08/15/96
02A01-9506-CV-00141
Authoring Judge:
Trial Court Judge: George H. Brown
Shelby County Court of Appeals 08/14/96
02A01-9505-CH-00104
Authoring Judge:
Trial Court Judge: Floyd Peete, Jr.
Shelby County Court of Appeals 08/14/96
01A01-9604-CH-00189
Authoring Judge:
Trial Court Judge: Robert S. Brandt
Court of Appeals 08/14/96
01A01-9603-CH-00135
Authoring Judge:
Trial Court Judge: Irvin H. Kilcrease, Jr.
Court of Appeals 08/14/96
01A01-9510-CH-00444
Authoring Judge:
Trial Court Judge: Cornelia A. Clark
Williamson County Court of Appeals 08/14/96
01A01-9603-CH-00133
Authoring Judge:
Trial Court Judge: Irvin H. Kilcrease, Jr.
Court of Appeals 08/14/96
01A01-9601-CH-00028
Authoring Judge:
Trial Court Judge: Horace Pierotti
Davidson County Court of Appeals 08/14/96
Ali Agha Batebi, v. Patrick Wayne Clark and The Krystal Company
02A01-9410-CV-00228
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge James M. Tharpe

In this case, the defendant, The Krystal Company (Krystal), appeals a jury verdict holding it liable for personal injuries received by the plaintiff, Ali Agha Batebi (Batebi), from a criminal assault by a third party while on Krystal's property. We affirm.

Shelby County Court of Appeals 08/09/96
Billy Gwinn Mitchell, v. Sam F. Cole Jr. Substitute Trustee, Estate of Prudence Reynolds, and Gerald W. PIckens, Administrator CTA
02A01-9503-CH-00060
Authoring Judge: Senior Judge Hewitt P. Tomlin, Jr.
Trial Court Judge: Chancellor Russell Fowler

The original plaintiff in this case, Billy Gwin Mitchell (“plaintiff” or “Mitchell”) filed suit in the Chancery Court of Shelby County seeking to enjoin the foreclosure of a deed of trust. Named as defendants were Sam F. Cole, Jr., Substitute Trustee of the Estate of Prudence Reynolds, and Gerald W. Pickens, Administrator CTA (“defendants” or by name). Defendants filed an answer and a counter-complaint in which they contended, among other things, that the records of Mitchell’s Chapter 11 bankruptcy case reflected Mitchell’s confirmed amended plan of reorganization mandated that Mitchell pay the mortgage indebtedness to Ms. Reynolds in accordance with the terms of the promissory note. As counter-plaintiffs, Cole and Pickens sought a money judgment for the principal balance due and owing on the note, plus accrued interest and attorney’s fees and costs. At the conclusion of all the proof, the case was submitted to a jury, and after issues of fact had been resolved, the special chancellor entered a judgment in favor of the Reynolds estate in the amount of $41,101.64 on the promissory note and attorney’s 2 fees in the amount of $21,900.00.

Shelby County Court of Appeals 08/08/96
State of Tennessee, ex rel., Robert F. Smith, Commissioner, Department of Highways, for and on behalf of said department, v. C.W. Simpson, A/K/A Charlier Simpson, Jr.
02A01-9507-CH-00161
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor D. J. Alissandratos

The Court below held defendant in civil contempt for violating a permanent 2 injunction that prohibited him from obstructing the right-of-way on a state highway. Defendant has appealed and takes issue with the trial court’s denial of his motion to dismiss and with the sufficiency of the judgment. We have determined that the record supports the trial court’s finding of civil contempt and, therefore, we affirm.

Shelby County Court of Appeals 08/08/96
Cassandra Hughlett, v. Shelby County Health Care Corporation, Regional Medical Center at Memphis A/K/A The Med, et al.
02A01-9505-CV-00118
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Robert L. Childers

The sole issue in this case is whether a plaintiff in a medical malpractice action may recover from a defendant health care provider the amount of plaintiff’s medical expenses paid by the Tennessee Medicaid program which is a part of the federal social security program.

Shelby County Court of Appeals 08/08/96