Court of Appeals Opinions

Format: 04/20/2014
Format: 04/20/2014
Authoring Judge:
Trial Court Judge: Allen W. Wallace
Cheatham County Court of Appeals 01/24/96
A.J. Hall, Inc., v. Federated Mutual Insurance Company
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor C. K. Smith

The plaintiff, A. J. Hall, Inc., has appealed from the summary dismissal of a part of its suit against the defendant, Federated Mutual Insurance Company. The Trial Court expressly directed the entry of final partial judgment as permitted by T.R.C.P. Rule 54.02.

Wilson County Court of Appeals 01/24/96
State, ex rel, Lorretta Head Overstreet v. Paul Daniel King - Concurring
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge C. K. Smith

The only issue raised in this paternity action is whether there is any material evidence to support the jury's verdict that the appellant was the father of the child. We affirm.

Smith County Court of Appeals 01/24/96
William B. Pevear and Rebecca Pevear v. Evans Hunt, Annie Irene Hunt and Metropolitan Government
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor C. Allen High

This appeal involves a boundary line dispute between two neighbors. The Appellants, William and Rebecca Pevear, and the Appellees, Evans and Irene Hunt, own real estate which is separated by an alley which is owned by the Metropolitan Government of Nashville and Davidson County.

Davidson County Court of Appeals 01/24/96
Charles N. Delattie v. South Mark Realty Partners, LTD., d/b/a Hickory Lake Apartment Community - Concurring
Authoring Judge: Judge Hewitt Tomlin
Trial Court Judge: Judge Barbara N. Haynes

Charles N. Delatte ("plaintiff") filed suit in the Circuit Court of Davidson County against South Mark Realty Partners, Ltd. ("defendant") seeking damages for injuries sustained by him when a metal hand railing on a stairway in the common area of defendant's apartment complex collapsed, causing him to fall.  The trial court granted defendant's motions for  summary judgment. The sole issue presented by this appeal is whether the trial court was in error in so doing. For the reasons herein set forth, we find no error and affirm.

Davidson County Court of Appeals 01/19/96
State of Tennessee, v. Jacob Kyle Tipton
Authoring Judge: Judge Samuel E. Lewis
Trial Court Judge: Judge Robert E. Burch

This case presents what is purportedly an appeal under Tennessee Rule of Criminal Procedure 37(b). The issue of law involves a juvenile's plea of guilty to delinquency in the Circuit Court of Dickson County.

Dickson County Court of Appeals 01/19/96
Benny Smith, ET UX, Geraldine Smith v. Bobbie Jo Smith (McClintock) - Concurring
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Chancellor Vernon Neal

The captioned respondent has appealed from an order entered by the Trial Court regulating visitation of the two children of respondent with the captioned petitioners, parents of respondent's deceased husband. Respondent-mother has remarried, and her husband, David McClintock, has adopted the children. However, he is not a party to this proceeding.

Overton County Court of Appeals 01/19/96
Tom and Karen Moore, v. Lloyd A. Walwyn, M.D. - Dissenting
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge:

Both the trial court and the majority of this panel have decided that Tom and Karen Moore are not entitled to a jury trial on their medical malpractice claim against Dr. Lloyd A. Walwyn because of shortcomings in the affidavits they filed in opposition to Dr. Walwyn’s motion for summary judgment. While I do not relish defending sloppy lawyering, I am convinced that my colleagues have scrutinized the Moores’ counter-affidavits using standards stricter than those required by Tenn. R. Civ. P. 56.05 and Tenn. Code Ann. § 29-26-115 (1980). I would vacate the summary judgment because the counter-affidavits demonstrate the existence of genuine and material factual issues that only a jury should resolve.

Williamson County Court of Appeals 01/19/96
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Trial Court Judge:
Knox County Court of Appeals 01/18/96
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Hamilton County Court of Appeals 01/18/96
Blake Weber, v. Jack Moses, Individually and Jeffson Pilot Life Ins. Co.
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor D.J. Alissandratos

Plaintiff-Appellant Blake Weber brought suit against the Defendants-Appellees, Jack Moses and Jefferson Pilot LIfe Insurance Company ("Jefferson Pilot"), alleging that he was unlawfully discharged due to his refusal to participate in Appellee Jefferson Pilot's illegal employment practices. The chancellor dismissed Appellant's suit, stating that this cause of action was barred by the applicable one year statute of limitation. Weber appeals the lower court's dismissal of his Complaint.


Shelby County Court of Appeals 01/17/96
Section of This Court In Webster v. Tennessee Bd. of Regents, 902 S.W.2D 412 (Tenn. App.
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Trial Court Judge:
Court of Appeals 01/17/96
Teresa K. Ross v. William P. Ross
Authoring Judge: Special Judge Robert E. Corlew, III
Trial Court Judge: Judge James Everett

From the decision of the Trial Court modifying the final decree of divorce between the parties, terminating payments of spousal support previously ordered to be paid by the husband to the wife, the wife appeals.

Davidson County Court of Appeals 01/17/96