Court of Appeals Opinions

Format: 07/23/2014
Format: 07/23/2014
03A01-9509-CV-00332
Authoring Judge:
Trial Court Judge:
McMinn County Court of Appeals 06/10/96
Jerry T. Beech, Concrete Contractor, Inc., v. Mary Henderson
01A01-9507-CH-00308
Authoring Judge: Senior Judge William H. Williams
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This case concerns the payment on a contract for installation of a concrete driveway. Jerry T. Beech Concrete Contractor, Inc. (hereinafter, "Beech") filed suit against Mary Henderson (hereinafter, "Henderson") on a sworn account for nonpayment of the contract price for installing a concrete driveway and a box drain. Following a bench trial, the trial court found that Beech and Henderson had contracted to install a driveway and a box drain, but the trial court determined that Beech had installed the driveway in an unworkmanlike manner causing it to have defects. As a result, the trial court awarded Beech the contract price offset by the amount of property damage Henderson allegedly suffered. Beech appealed, and the appeal is properly before this Court. We affirm in part and reverse in part.

Court of Appeals 06/07/96
Teresa G. Bradford v. Donnie R. Bradford
01A01-9603-CH-00121
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Alex W. Darnell

On May 16, 1996, appellant moved this Court to rule that this cause is properly before this Court.

Montgomery County Court of Appeals 06/07/96
Malcolm Yates Worley, v. Rita K. Worley
01A01-9601-CH-00037
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Cornelia A. Clark

This is a suit and countersuit for divorce in which the wife was granted an absolute divorce on grounds of inappropriate marital conduct of the husband. On appeal, the husband presents issues which relate only to identification and division of the marital estate: The parties were married in 1958 and separated in 1995. Both parties worked during the marriage. Their earnings were approximately equal. There are no minor children.

Hickman County Court of Appeals 06/07/96
Page G. Stuart v. State of Tennessee Department of Safety - Concurring
01-A-01-9601-CH-00033
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal involves a judicial review of administrative proceedings before the Commissioner of Safety seeking the release of property seized by law enforcement officers pursuant to T.C.A. Section 53-11-451.

Davidson County Court of Appeals 06/07/96
K.K., v. The Paul Revere Life Insurance Company
01A01-9511-CH-00541
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

Plaintiff K. K. appeals from the trial court’s judgment granting the defendant, The Paul Revere Life Insurance Company ("Paul Revere") his motion for summary judgment, and the failure of the trial court to grant its motion for partial summary judgment.

Davidson County Court of Appeals 06/07/96
Anne Adams Hurdle, by and through her Attorneys-in-Fact, Walker Hardy Hurdle, III and William F. Hurdle, and Walker Hardy Hurdle, III and William F. Hurdle, Individually, v. William W. Dunlap, Jr and Wife, Mary Ann Hurdle
02A01-9502-CV-00023
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Robert A. Lanier

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

Shelby County Court of Appeals 06/04/96
Ellers, Oakley, Chester, and Rike, Inc., v. DPIC Companies Security Insurance Company of Hartford, et al.
02A01-9501-CV-00008
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Janice M. Holder

This matter appears appropriate for consideration pursuant to Rule 10(a) of the Rules of the Court of Appeals of Tennessee.1

Shelby County Court of Appeals 06/04/96
Michelle Lynn Durham and husband, Robert Wayne Durham, v. Luther Well an wife, Sue Well, individually and D/B/A Webb's British Petroleum Station and W. Paul Arnold, individually and D/B/A Arnold Construction Co.
02A01-9502-CV-00033
Authoring Judge: Senior Judge Hewitt P. Tomlin
Trial Court Judge: Judge Dick Jerman, Jr.

Michelle Lynn Durham and Robert Wayne Durham (“plaintiffs” or by name)1 brought this suit in the Circuit Court of Gibson, County against Luther Webb and wife Sue Webb, individually and d/b/a Webb’s British Petroleum Station (“defendants”),2 seeking damages for defendant’s alleged negligence that caused plaintiff Michelle Durham to fall in defendant’s parking lot, causing injuries. The trial court granted defendant’s motion for summary judgment, from which this appeal is taken. The sole issue presented is whether the trial court erred in granting defendant’s motion for summary judgment. We find no error and affirm.

Gibson County Court of Appeals 06/03/96
Lillian D. Vega-Horta, et al., v. Wyeth-Ayerst Laboratories Company, et al.
03A01-9706-CV-00226
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Dale C. Workman

Plaintiff, Lillian Vega-Horta (“plaintiff”), appeals the judgment of the trial court granting defendant’s, St. Mary’s Medical Center (“St. Mary’s”) Motion for Summary Judgment. For reasons state hereinafter, we affirm the trial court’s judgment.

Knox County Court of Appeals 06/01/96
02A01-9412-CV-00269
Authoring Judge:
Trial Court Judge: Phil B. Harris
Madison County Court of Appeals 05/31/96
02A01-9412-CV-00269
Authoring Judge:
Trial Court Judge: Phil B. Harris
Madison County Court of Appeals 05/31/96
02A01-9411-CV-00255
Authoring Judge:
Trial Court Judge: Janice M. Holder
Shelby County Court of Appeals 05/31/96